Anushka Sharma –
Published On: October 25, 2021 at 16:00 IST
The Delhi High Court on Monday, October 25, ordered the Medical Superintendent of the Institute of Liver and Biliary Sciences (ILBS) to appear in person via video-conferencing tomorrow in the case of a 17-year-old minor who sought permission to donate a portion of his liver to his ailing father, who is suffering from advanced liver failure.
After observing that the Counsel representing the Institute of Liver and Biliary Sciences was unable to provide details of the tests required to be undertaken on the Petitioner, Justice Rekha Palli issued the ruling.
“You can’t just give me vague answers. This can not go on like this. This is the story you have been telling me since the last two dates, “ the Court remarked orally.
While ordering the Medical Superintendent’s appearance, the Court also ordered the Institute of Liver and Biliary Sciences to deliver a copy of all tests performed on the Petitioner to date to the Court, as well as to explicitly identify specific tests for which reports are still pending.
Previously, the Court had stated verbally that just because a person is a minor does not entail that he or she is unable to donate an organ under the Transplantation of Human Organs and Tissues Act, 1994.
“What kind of order have you passed? Why should you want a man to die? At least apply your mind. Reject his application if he’s not eligible. Just because he’s a minor does not mean he cannot be on the ground. There is no absolute bar in the statute, “Justice Palli had earlier remarked.
Both the Petitioner’s mother and older brother had been denied permission to donate their organs due to medical reasons, according to the Petition. The Petitioner was also denied permission to donate a portion of his liver because he was a minor.
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