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Delhi HC directs ILBS to again record BMI of minor who wants to donate liver tissue to his dad

Advocate Siddharth Panda, appearing for ILBS, informed the court that it had measured the BMI of the petitioner and it was found that his BMI was lower than the acceptable threshold.

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The Delhi High Court has directed the Institute of Liver and Biliary Sciences (ILBS) to record the body mass index (BMI) of the minor, who want to donate his liver to his ailing father, again on November 6. The Court has directed that if the petitioner’s BMI is found to be more than 18, the same has to be forwarded to the Appropriate Authority. The next hearing will be November 8.

The single-judge bench of Justice Rekha Palli also directed the Delhi Government to expeditiously decide on the petitioner’s representation afresh, upon receiving the BMI from ILBS.

Advocate Siddharth Panda, appearing for ILBS, informed the court that it had measured the BMI of the petitioner and it was found that his BMI was lower than the acceptable threshold.

At the previous hearing, the court had directed the Institute of Liver and Biliary Sciences (ILBS) to re-record the Body Mass Index (BMI) and had made it clear that it will not interfere and pass directions for liver donation until the petitioner reaches the threshold BMI.

According to the petition, the petitioner’s father is suffering from advance stage of liver failure. The petitioner’s father is undergoing treatment at ILBS and is in urgent need of a liver transplant.

The petition avers, several family members of the petitioner’s family have applied for the donation of their liver, including his mother, elder brother, aunt and uncle, but due to certain medical complications, the applications could not be accepted.

The petition further avers, upon testing it was found that, the petitioner could donate a part of his liver to his father and hence, on August 27, 2021, the petitioner applied to the Authorization Committee, for the permission to donate a part of his liver, to his father. On August 28, 2021 the said application was rejected, stating, the petitioner was a minor. The petitioner’s age on the date of refusal was 17 years, 8 months and 19 days.

According to the petition, in Transplantation of Human Organs and Tissues Act 1994, there is no absolute bar on donation of Human Organ or Tissue by a minor. Rule 5(3)(g) of Transplantation of Human Organs and Tissues Rules 2014, states, living organ or tissue donation by minor is not permitted, except medical grounds to be recommended in detail, with justification and prior approval of competent authority.

The petition was filed and argued by Advocate Prasoon Kumar.

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