The Delhi High Court on Monday set aside the order passed by the Institute of Liver and Biliary Sciences (ILBS), prohibiting a minor from donating a part of his liver to his ailing father and instead, directed the Secretary, Health and Family Welfare, to consider the application within 2 days, keeping in view the grave medical emergency faced by the petitioner’s father and the fact that the petitioner is about to be 18 years of age within 2 months.
A Single-Judge Bench of Justice Rekha Palli came to this conclusion on the basis of Rule 5 (3) (g) of Transplantation of Human Organs and Tissues Rules, 2014:
“Living organ or tissue donation by minors shall not be permitted except on exceptional medical grounds to be recorded in detail with full justification and with prior approval of the Appropriate Authority and the State Government concerned.”
Clear case of exceptional medical circumstance: Delhi High Court
The Court held that this was a clear case of exceptional medical circumstance, as the petitioner’s father needed liver transplant urgently and alternate donation was not possible.
According to the petitioner, his father was suffering from advance stage of liver failure. His father was undergoing treatment at ILBS and was in urgent need of a liver transplant.
The petition averred that several family members of his family have applied for donation of their liver, including his mother, elder brother, aunt and uncle, but due to certain medical complications, their applications could not be accepted.
The petition further said that upon testing, it was found that he could donate a part of his liver to his father and hence on August 27, 2021, he applied to the Authorization Committee for permission to donate a part of his liver to his father. On August 28, the said application was rejected, stating that 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 plea, 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 that 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.