Kochi: As the Iran-based organ trade involving Malayalis hits the headlines, legal experts opine that even if the organs of Indian citizens are removed in another country, legal action can still be pursued under Indian law.

The most relevant Indian law in connection with organ donation is Transplantation of Human Organs and Tissues Act, 1994. It prohibits organ donation to foreign citizens in case the donor has no relation with the recipients. 

As the donors were trafficked from India in this particular case, and the organ trades have been done both at home and abroad, the investigation and trial can be done in India, points out former Prosecution Director General T Asafali.

High Court lawyer Ranjith Marar also held that the Indian agency has the right to arrest any foreign citizen in such cases. The only hindrance that can arise is when the countries have no diplomatic agreement between them.

The Kerala Police can probe the matter as many donors are from the State. However, the case will become strong only when the investigators can detect the origin of the crime, including conspiracy, opine legal experts. Apart from that, the money transactions and medical tests conducted to confirm if the donor is fit for donation also should be probed. 

In case of any foreign citizens having any role in the crime, further action should be taken with the nod of the Central Government. It is also mentioned in the above Act that a probe should be conducted if any complaint is raised over any organ transplantations.

10-year imprisonment and Rs 25 lakh fine

Orchestrating organ transplantations can invite a punishment of 10 years imprisonment and a fine of Rs 25 lakhs, as per the Act. The middlemen can also be slapped with a fine of Rs 25 lakh besides 3-year imprisonment.