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Delhi High Court issues notice to Delhi govt on minor’s plea seeking permission to donate part of liver to his ailing father

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The Delhi High Court on Wednesday sought the response of AAP government on a plea filed by a minor seeking directions to donate his liver to his ailing father who required an urgent Liver transplantation. 

A Single-Judge Bench of Justice Rekha Palli was of the prima-facie opinion that being minor could not be the only reason for refusal of application, when the petitioner is 17 years and 9 months old, the Authorization Committee should have recorded, if the petitioner is fit or not.

The Court issued notice to the Delhi Government and Director, Institute of Liver and Biliary Sciences (ILBS), in plea filed by a minor, seeking direction to set aside the order dated August 28, 2021 passed by ILBS and Authorization Committee as per Section 13(1) of Transplantation of Human Organs and Tissues Act 1994, whereby, the petitioner was prohibited to donate a part of his liver, to his ailing father.

The Court pursuant to the urgency in the issue at hand, directed an officer of ILBS to be present at court, on the next date of hearing through VC.

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

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

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The petition further said that upon testing, it was found that the petitioner could donate a part of his liver to his father and hence, on August 27, the petitioner 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 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 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.

The matter has been listed for September 24, 2021.

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