Table of Contents
Human Cloning : Legal and ethical issues
Introduction :
Cloning word originally comes from the Greek which is refered as “making an identical copy”. Cloning is widely used in the field of biology, it is just a DNA molecule of cells with genetically identical structures which is known as clone.
There are many different kinds of cloning available but the controversial one is human cloning. Human cloning brings many issues together : legal, political, ethical & religious. Creating genetically identical to another one has brought social chaos in our world.
The idea of human cloning first came when Scotland’s sheep clone named Dolly. The incident then made people believe that the same method can be applied on human beings also. Further, scientists used the method of nuclear transplantation and successfully produced a clutch of tadpoles clones. In the 20th Century, Nobel Laurette Joshua Lederberg advocated cloning and genetic engineering.
The first human clone was created by advanced cell technology in 1998 by using somatic cell nuclear transfer (SCNT). The first human cloned was made by taking of nucleus from man’s leg cell and was induced in a cow’s egg after removing the nucleus from egg.
Cloning is like unprecedented control over the genetic identical of another individuals. Indeed, the concept of control over genetic is brought as to encourage to those who are desirable and discourage to those who are undesirable.
Cloning is deeply related to legal and ethical view. It is said that cloning is a breach of fundamental right of every individuals because every individual have uniqueness with respect to their identity which help to live in our society. But, cloning is somewhere effecting that identity of individual and human being getting feared of loosing their identity.
We can related it with recent incident of Iran, Iran has developed cloning technology without proper taking care of legal framwork which lead to abuse of scientific research, which was illegal. Thus, to protect from such incident we need appropriate legal ethical knowledged and it must be approved from law.
Human cloning is all interrelated to laws and ethics. According to research human refer to follow ethics and laws rather than emotions. It is expected that in future human cloning may improve, but it would still face ethical problem from people and diverse religion.
How human cloning made history?
Cloning was first performed in 1900 by a German embryologist Hans Spemann and it was first performed on a salamender embryo. Later, spemann gave the theory of nuclear tranfer which resulted very usefull and further that theory was used by American scientists Robert Briggas and Thomas J. King in the year 1952. they use the embrynic cells of the frog named Rana pipines to generate clone tadpoles.
With the changing generation technologies also changed, they become more advanced. In 1970 scientist made possible to create transgenic clones with the help of DNA from other organisms. Later, in the 1980, mammals were cloned, sheep was the first mammal which was cloned.
Ian Wilmut was a British Biologist and he is famous cloning experiment, Wilmut was the first person who first generate a cloned sheep by nuclear transfer and that cloned sheep was named by ‘Dolly’.
Further, nuclear transfer mathod was got groomed up and named as somatic cell nuclear tranfer(SCNT). After the success of somatic cell nuclear transter(SCNT), it gave hope to the world of making cloned humans and it made possible to think broader in the field of cloning.
After the Dolly was cloned successfully, many of other animals were cloned by SCNT. But, when it comes on human cloning it always has a difficulties.
The first human clone was made in 1998 by using somatic cell nuclear transfer. The experiment was; a nucleus was taken from man’s leg cell and it was inderted into a cow’s egg after removing
nucleus. But, the embryo was destroyed in 12 days. After that, there were many experiment done but none was successful. In 2018, the first successfull cloning of human was done and was reported that two female born names Zhong Zhong and Hua Hua.
After all these successfull experiment, society didn’t accepted the human cloning because ethical, social, legal and religious values play important role in deciding whether a person might be allowed to be cloned. Our society have some ethics and people follow the legal system and all these are absent in human cloning. There are no law regarding clones and people fear of loosing there identity that is why today human cloning is not so widely successful.
Types of human cloning:
● Reproductive cloning
● Therapeutic cloning
Reproductive cloning:
Reproductive cloning is the process where DNA has been removed after the development of a embryo and the embryo develop into fetus. Also, that process help to remove the nucleus from the egg cell so that all the genetic material should be seperated and then genetic material of doner cell is inserted to it, after that once cell division starts, the clone embryo is placed in the uterus of a female. This same method was followd in making Dolly.
Reproductive cloning helped in making sucessful cloning but its not useful for always and it is not safe for day to day humans. Infect, scientist also agree that it is unsafe and they believe it will likely to cause serious abnormalities.
In the view of ethics we believe that cloning is somewhere depart us from natural and sexual procreation. The human cloning will become offensive and it may create revolt between humans and cloned once. We might loose control over our lifes in which human nature is no longer exist and our bodies are seem to be mere instruments.
When we see the ethical view of human cloning, we will see how people criticize it and they will never expect the human cloning to be existed in the world. Human cloning is not only affecting ethics but also it trigger the legal points. Recently United Nation’s effort to adopt international convention against human reproductive cloning was failed because of some issues that arose due to new technology. Whereas globus consensus also supported the banning reproductive cloning.
Therapeutic Cloning :
This cloning is a process of producing human embryo for further researches. This therapeutic is not only used in making human clones, infact it is used in medicinal purposes and researches. It is also called a production of cells. These cells helps in many ways. It helps to produce different types of cells of human bodies ; The cell is extracted from embryo and after extraction embryo is destroyed which creates a lot of ethical issues.
This cell is helpful in curing many disease like Alzheimer, Parkinson, stroke, cancer and many more.
Human Cloning in a legal standpoint :
The production of human cloned embryo for the stem cells is an another issue which is related to embryo protection. Although it raises questions in terms of patent laws. There is no specific national or international regulation in this field but due to popularization of research and increased practice in the field of cloning, it is necessary to take international regulation into consideration
Despite being no specific binding regulation on human cloning at international level or there are no statutory bodies,indirectly it prohibits the practice where there is a violation of dignity; because
human cloning create a fetus in people and they think of loosing their freedom and identity. Such reproductive cloning of human shall not be permitted.
This prohibition is mentioned in article 11 of the universal declaration on the human genome and human rights which is adopted by UNESCO. As General Assambly of the united nation also adopted the declaration on human cloning which says that all member states of United Nation should take reponsiblity to not practice any type of human cloning includinf any medical purposes.
Human cloning in a ethical standpoint:
When it comes on ethical values than there is a greater disagreement prevails for making human clone or doing researches . We must needed a consent of that person who will give their cell or embryo because human cloning can put genetic diseases which will cause a serious problem.
In the world there are two type of people present, the one who promote cloning because according to them modern generation is master of their own bussiness and they have full right/ freedom to take decision of rights and wrongs. On the other hand second type of people opposes the human cloning because they think there individuality will loose, their identity will snatch which will directly affect to their dignity and their freedom will also violate so with all these thought they oppose of human cloning.
In Supreme Court of United State, there was case called Eisentadt vs Baird, there it was talked about relating to reproductive freedom and said “ if the right to privacy means anything it is the right of the individual marriage or single, to be free from unwanted governmental intrusion into matters so affecting the person as a decision, whether to bear or beget a child”.
Advantages of human cloning:
There are many advantages regarding human cloning:
1- It help in controling population, if incident happens like earthquakes and wars.
2- Help in reducing pain and sorrow of loosing beloved one.
3-It will help in recreatng of exitinct animals or going to be extinct.
4- Prevent from heraditary disease.
Disadvantages of human cloning:
There are many disadvantages regarding human cloning:
1- Causes human moral damages.
2- It is a way of stoping family establishment, and there is no longer heraditary concept.
3- It will cause many unknown disease and harmfull side effects.
4- Cause society conflict, create societal differences.
5- unequality increases.
Conclusion:
Cloning is banned due to many ethical and legal issues. Moreover, it faces many emotional reactions, psychological, and social issues as well. Cloning is usefull as well as harmful also, it all depand on how the world sees them. If society accept the human cloning then it will good impact and bad impact too.
Reproductive and therapeutic cloning could be considered immoral both from the bioethical as well as the legal and religious perspective. For being allowed by all society there must be a good reseachers who can make better human cloning who can become ethically and legally compatible to stand in the world.
Author: SAMEER AFZAL ANSARI,
GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY , THIRD YEAR , SIXTH SEMESTER , BACHELORS OF ARTS AND BACHELORS OF LEGISLATIVE LAWS