LI Network
Published on: February 3, 2024 at 00:15 IST
The Delhi High Court, in a recent ruling, directed the Union of India (UOI) to formulate guidelines under Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 within two months.
This directive came as the Court permitted a minor girl to donate a portion of her liver to her father, who was suffering from end-stage liver disease.
The father-petitioner, admitted to Dr. Rela Institute and Medical Centre in Chennai, was diagnosed with non-alcoholic steatohepatitis-cirrhosis (NASH), necessitating an urgent liver transplant.
Justice Subramonium Prasad exercised discretion under Article 226 of the Constitution and allowed the minor petitioner to donate part of her liver to her father. However, the court emphasized that its decision was based on the father’s critical condition and the medical board’s confirmation of the minor’s physical capability to donate without compromising her future well-being.
The medical board from AIIMS confirmed the daughter’s fitness for donation, ensuring her future quality of life.
Petitioner No.1, born on September 5, 2006, was 16 years and 11 months old at the time of filing the petition and 17 years and 4 months old at present.
The petitioners had approached the Allahabad High Court seeking similar relief, but the petition was withdrawn as they intended to undergo the transplant in New Delhi, outside the Allahabad High Court’s jurisdiction.
Referring to Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014, the Court noted the absence of specific guidelines regarding exceptional medical grounds for minors’ tissue donations. The court emphasized the need for guidelines to prevent arbitrary decisions regarding such donations.
