“What reasonable period is to be followed by hospitals for conducting interviews under Transplantation of Human Organ & Tissue Rules?”: Delhi HC asks Centre

The Delhi High Court has recently asked the Central government as to what is the “reasonable period” that hospitals and the Authorization Committee must adhere to when conducting interviews and communicating decisions to applicants seeking organ transplants, in accordance with the Transplantation of Human Organ and Tissues Rules, 2014.

The bench of Justice Prathiba M. Singh was hearing a plea filed by one Amar Singh Bhatia seeking organ donation, challenging Sir Ganga Ram Hospital’s indecision and delay in taking a decision on the kidney transplant he required.

Through the present plea, Bhatia raised the issue that there are no prescribed timelines for holding of the interview by the Authorisation Committee under the Transplantation of Human Organs and Tissues Rules, 2014.

Advocate Charu Aneja, on behalf of Bhatia, submitted that the petition was filed to seek approval for kidney transplantation at Ganga Ram Hospital on an expedited basis. However, she informed the court that during the pendency of the plea, Bhatia passed away in March-April 2021.

The counsel further contended that the hospitals do not follow any timelines between the submission of documents and fixing the date of the interview. Under the 2014 rules, she submitted:

Rule 23(4) requires the decision to be displayed on the website within 24 hours.

Rule 23(3) requires that the decision has to be taken within 24 hours.

“Insofar as Rule 23(1) of the 2014 Rules is concerned, from the filing of the forms there is no timeline fixed for holding of the interviews”, the counsel contended.

The court noted that the said 2014 Rules have been enacted by the Central Government under Section 24 of the Transplantation of Human Organs & Tissues Act (THOTA), 1994.

“Let an affidavit be filed by the Respondent No. 3-Ministry of Health and Family Welfare, Union of India on this issue. This issue shall be considered on the next date of hearing”, the court said.

“If there are no timelines, for calling the interview, the Respondent No. 3-Union of India shall also state in its affidavit as to what is the reasonable period that should be followed by the Hospitals, Authorisation Committees, and for the screening process for holding interviews and conveying the decisions to the applicants under the 2014 Rules”, the single-judge bench ordered.

Furthermore, the court directed impleading the Union of India through the Secretary, Ministry of Health and Family Welfare as respondent no.3. Accordingly, court posted the matter for further consideration on July 28.

Case title: Amar Singh Bhatia & Anr. v. Sir Ganga Ram Hospital & Ors.

Statue: The Transportation of Human Organs & Tissues Act, 1994; The Transplantation of Human Organs and Tissues Rules, 2014