y Commerce And Criminal Law In Nepal
Legal Framework
Human Organ Transplantation (Regulation and Prohibition) Act, 1998
Prohibits removal and sale of human organs except under legally defined conditions (e.g., close relatives).
Commercial trade of organs is a criminal offense.
Human Trafficking and Transportation (Control) Act, 2007
Defines exploitation to include illegal removal of organs.
Punishment: up to 10 years imprisonment and fines for organ trafficking.
Constitution of Nepal, 2015
Guarantees equality and protection of human dignity, which underpins laws against exploitation and organ trade.
Case Studies
Case 1: Pooja Khatri v. Government of Nepal (2014)
Facts:
Petitioners challenged the restrictive definition of “close relative” in organ donation law, arguing that some close relatives (e.g., mother’s clan) were excluded.
Legal Issue:
Whether the law violated the constitutional principle of equality and restricted legal donation unnecessarily.
Court Findings:
The Supreme Court expanded the definition of “close relative” to include mother’s clan.
Confirmed that commercial organ trade remains illegal, but clarified legal donor eligibility.
Significance:
Ensured equality in organ donation rights.
Distinguishes legal donation from criminal organ commerce.
Case 2: Kidney Trafficking Arrest – Kathmandu (2022)
Facts:
Police discovered a network exploiting street children for kidney donation abroad. Donors were promised money but were coerced.
Legal Issue:
Illegal organ trade and trafficking under the Human Trafficking and Transportation (Control) Act.
Court Findings:
Arrests of five individuals involved in the network.
Court treated street children as vulnerable victims, making consent invalid.
Significance:
Shows enforcement against exploitation and illegal cross-border organ trade.
Highlights protection of vulnerable populations under Nepalese law.
Case 3: Organ Trafficking Arrest – Ramechhap & Sunsari (2025)
Facts:
Two individuals were arrested for luring donors with financial inducements and transporting them to India for kidney transplantation.
Legal Issue:
Cross-border organ trafficking, illegal under both the Organ Transplantation Act and HTTCA.
Court Findings:
Arrested individuals were remanded for further investigation.
Court emphasized the illegality of organ removal outside prescribed legal channels.
Significance:
Reinforces criminal liability for cross-border organ commerce.
Demonstrates active law enforcement in Nepal.
Case 4: Lalitpur & Bhimfedi Illegal Transplant (2024)
Facts:
Two accused transported a donor to India, removed a kidney, and defrauded the donor regarding promised payment.
Legal Issue:
Illegal organ removal for commercial purposes, document forgery, coercion.
Court Findings:
Arrests and judicial remand were ordered.
Offense constitutes trafficking and violation of Organ Transplantation Act.
Significance:
Clear example of illegal organ commerce and exploitation.
Shows legal system’s approach to fraud and coercion in organ trade.
Case 5: Documentation of Kidney Trade in Kavrepalanchowk (2025)
Facts:
Study documented multiple cases where poor individuals were exploited for kidney donation.
Legal Issue:
Pattern of illegal organ trade; enforcement needed beyond individual cases.
Court/Legal Findings:
While many cases had not reached conviction, police and human rights organizations emphasized the illegality and need for strict enforcement.
Significance:
Highlights systemic organ commerce issues.
Points to gaps in evidence gathering, prevention, and enforcement.
Case 6: Child Exploitation for Organ Trade – Bagmati Zone (2023)
Facts:
Minors were trafficked to Kathmandu for kidney donation under false promises of education and employment.
Legal Issue:
Illegal organ extraction and trafficking of minors, punishable under HTTCA.
Court Findings:
Arrests made of trafficking agents.
Court emphasized minors cannot legally consent, making all transactions criminal.
Significance:
Reinforces special protections for minors under Nepalese law.
Strengthens the link between human trafficking law and organ commerce regulation.
Key Takeaways
Commercial organ trade is strictly prohibited in Nepal; only certain donations from close relatives are legal.
Vulnerable groups (minors, street children, poor individuals) are protected, and consent in such cases is invalid.
Cross-border trafficking is a significant concern, with enforcement spanning Nepal-India corridors.
Legal clarity (e.g., who counts as a legal donor) helps distinguish lawful donation from criminal trade.
Criminal law enforcement is evolving, with arrests, remands, and ongoing investigations highlighting active prosecution.
Systemic enforcement challenges remain: evidence collection, victim protection, and coordination across jurisdictions.
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