File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Medical Cannibalism And Organ Donation

Many contemplate medical cannibalism as cannibalism as a study of the alien past - a savage practice of long lost era. The fascination of these practices emerged literary heritage of that time. These practices in metaphysics and natural philosophy encouraged the idea of corpse based remedies. But changing medical cannibalism's term to a lighter version as corpse pharmacology isn't the key.

All the practices that include cannibalism, organ donation and trafficking are socially, religiously, politically, and culturally linked. There is contemporary debate over the ambit of legal rights over people alive or dead. My research is based on the morality, ethical code, legal code critical and logical arguments based on the topic. The philosophy that I would write about is cynicism and the philosophers are Diogenes and Plato.

The paper also talks about an interest drug called mumia and the modern medicine practices and compares their usages. The philosophical question will arise in aspects that deal with social disenfranchisement and judicial violence on the ethics of what has to be eaten and how it has to be eaten.

I will also discuss the reasons for medical cannibalism and cannibalism and its positives that might be taken into consideration. In the end the paper deals with organ donation and trafficking, its laws and its health implications by giving examples across the globe which took place centuries ago and comparing them in the current context.

Cannibalism has been an ancient practice. It refers to the ritualistic eating of a human flesh by a human being. It discusses about the existence of a soul in the human being. In the ancient era, it was believed that the soul of a human is inside the head of the body and thus removing of the head is considered capturing of the soul.

This is also a form of cannibalism as some body parts are consumed in order to transfer the victim's soul to the eater. In the sixteenth century a great physician, Paracelsus wrote that after a man is hanged, his spirit energy is still trapped within him for some time and the living eater can make use of it.

There have also been theories of medical cannibalism. For instance, Epilepsy is a neurological disorder wherein a person's activities become abnormal and he suffers from seizures and of loss of awareness. The epileptics of the ancient Rome drank the blood of men who fought other men and animals. It was considered as a health tonic taken from the freshly dead and the living as well.

A scholar, Saint Albertus Mangnus said that by distilling the blood of a healthy man would lead to curing any disease in the human body. In Europe cannibalism was used as a source of medical cannibalism and was considered social under the shield of well-defined set of rituals rather than violence against dead and living.

Today movies like cannibal holocaust (1980), Cannibal (2013), The Green Inferno (2013) can be used as a source of cannibalism in the darker greens and a great deal of controversial articles haven written about nudity, violence and ethics of the modern society, but Europeans plainly considered it medicinal.

There has been a worldwide debate on rights and legal theories about consuming flesh. What makes consuming human flesh moral or immoral? For example, sexual intercourse with consent is called sex and without consent would be considered as rape. What if consumption of human flesh is with consent? The government mainly can control over the rights of living human beings but not the dead.

A rational consent of a victim makes them a co-author of their own injuries. In most countries, body piercings are allowed even though it is harm to the body and, in some rare instances, could lead to serious harm, while it in some countries is illegal. Gender conforming surgeries are also on the increase all over the globe, being legal and considered an ethical surgery, despite it not being physically necessary and potentially dangerous.

Cannibalism is considered immoral and savage, giving consent to an immoral act makes the individual an autonomous immoral person but not a criminal. In most states you can legally purchase body parts however the compulsory use age in a moral way is not mentioned. Murder with consent is still a murder. Willingly taking your own life is decriminalized in India (suicide). Consent to be eaten after dying is still a question to be answered.

The philosophy of cynicism can be used for cannibals wherein they have abandoned their materialistic desires and have decided to live on their own. The primary values of cynics founded by Diogenes was rejecting customs and morals and living close to nature. He also mocked the powerful by eating anything he found and urinating in public. Many critics opposed this by saying they are acting for their self-interest without contributing anything to the society.

Mumia is a power made from ground mummies as a drug for good health. It came to be known as the natural mineral pitch. During the 18th century a pharmaceutical treatise by Dr. Robert James, he said mumia might treat few ailments like coagulated blood, can be used as a painkiller, a cough suppressant, menstrual aid, and cures certain wounds. There was world-wide criticism regarding how it treated these ailments and what exactly was extracted from the dead.

Many said that mummy drugs were not real and they were not obtained from the ancient Egyptian mummies but were rather procured from recently executed criminals. In the west, it was considered as a controversial practice as people thought it was social inequality and racial stereotyping, drinking hot blood from the criminal to cure epilepsy was considered a gruesome entertainment in the area of medicine.

The reason why corpse medicine was neglected in the 20th century was not due to enough scientific evidence, but it failed in the part of human progress in terms of savage nature and the idea of consuming human body was known as disgust. From generations to come the debate of what to eat, how to eat, when to eat, vegetarianism, cannibalism, veganism, Jainism, have been an open debate. Some people feel god would not bless them enough if they eat something that they are not supposed even on particular days. And some believe only if they sacrifice animals and human then they would attain the blessings of the all mighty.

Firstly let's discuss how and why it is justified. Consider a situation where in one must sacrifice for others to survive.

Secondly, sacrificing due to ones wish. If one wishes to sacrifice himself one should be allowed to. The law can punish an attempt to suicide but not suicide because there would be nobody left to punish.

Thirdly, in the ancient eyes of tradition. Tradition has been considered as a sacred thread above the law. If tradition permits consensual eating after death then apart from morality and ethics there is no other issue. The law is based on morality but morality isn't the law.

Now let's discuss how it is not justified.
  1. Firstly, Cannibalism is immoral.
  2. Secondly, killing amounts to murder.
  3. Thirdly, eating human flesh is savage.
  4. Fourthly, using the defense of survival is subjective but usually opposed by most of the judges.
  5. Fifthly, Medical cannibalism can lead to human trafficking.
There is no proper medical backing regarding medical cannibalism. Lastly, ancient traditions cannot be prevalent in modern times.

As the demand for organ increases, it's important to consider new laws, policies and strategies to ensure medical ethical values which are important for our society. Organ donation is based on the principles of altruism. Primum non nocere or first do no harm, this principle is adopted by doctors where they have to worry to do well before their own.

World Health Organization (WHO) defines presumed consent wherein permission is taken of the deceased person for transplantation before his death. Many ethicists believe that actual consent is not necessary for organ donation it should be a default nature of all individuals to do good for the society. They also think that is immoral if they deny consent. The constitution of India guarantees right against exploitation which involves organ trafficking which is linked with human trafficking.

Article 21 talks about right to live with dignity and right over their body. Under section 360(3) of the Indian Penal Code and transplantation of human organs act, 1994 are major laws governing organ trafficking. According to global financial integrity, 10% of all organ transplants including lungs, heart and the liver are operated with trafficked organs.

Moral codes and laws are not taken seriously due to various reasons such as:
  1. Health is a state subject
  2. Rural areas have less access to treatment
  3. Doctors, brokers, transplant centres are the main suppliers of kidney trade
  4. Ethical and moral codes do not allow many families to give consent of the deceased person.
  5. Healthcare professionals and general public should be educated about the importance of organ donation.

Stricter laws for human and organ trafficking. For instance the transplantation of the Human Organ Act Sub Clause (3), Clause 9 of Chapter II states "If any donor authorizes the removal of any of his human organs before his death under sub-section (1) of Section 3 for transplantation into the body of such recipient, not being a near relative as is specified by the donor, by reason of affection or attachment towards the recipient or for any other special reasons, such human organ shall not be removed and transplanted without the prior approval of the Authorization Committee" has been misused or misinterpreted by one and all over the years, since the act was passed. A patient whose kidney has failed uses this clause to find an instant affection in a stranger who is willing to donate his/her organ for money but they deny any such information to the Authorizing commission.

In the end cannibalism, medical cannibalism and organ donation all sums up to its morality and liberty of an individual. Ancient era customs have aged and changed. The importance of laws relating to consent is supreme but at the same time moral codes relating to liberty of eating human flesh has been curtailed.

Mumia had great importance in Egypt then lost its significance when Europeans and Americans found is savage. Sacrificing and soul retreatment is still prevalent due to traditions. Organ donation and trafficking laws have gained importance due to demand of organs and less supply. Spreading awareness and education to the general public about its importance would be beneficial.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly