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Synopsis

The Delhi High Court has underscored the significance of a time-bound approach in organ transplantation protocols, stating that it is crucial for the integrity and effectiveness of the process and the furtherance of the right to health under the Constitution.

The bench of Justice Prathiba M. Singh directed the Center to streamline the organ transplantation process after consultation with stakeholders.

The court emphasized the need for expeditious processing of applications, verification of documents, completion of documentation, and interviews by the authorization committee before organ donation. To ensure the purpose of the transplantation process is not defeated, the court recommended that the entire process, from submission to decision, ideally should not exceed 6 to 8 weeks.

The single-judge bench noted that non-adherence to timelines has led to extended waiting periods of 2 to 3 years in some cases, contravening the Transplantation of Human Organs and Tissues Act and its rules. Such delays cause significant mental and physical anguish for donors, recipients, and their families.

"A time-bound approach is crucial to maintain the integrity and effectiveness of organ transplantation protocols. This would also be in furtherance of the right to health under Article 21 of the Constitution," the court stated.

"Let the present judgment be placed before the Secretary, Ministry of Health and Family Welfare, so as to ensure that timelines under the 1994 Act and 2014 Rules are prescribed for all the steps in the process of consideration of applications for organ donation, after consultation with the relevant stakeholders," the court ordered.

The court issued the order in response to a petition from an individual seeking approval for a renal transplant due to end-stage chronic kidney disease. Unfortunately, the petitioner passed away during the pending formalities.

Justice Singh has outlined specific timelines, stating that an application for organ donation should be considered within 10 days, document verification should be completed within 14 days, and the donor or recipient should respond within a week to complete documentation. Strict adherence to deadlines is crucial, and if additional time is granted, it must be followed.

After 4 to 6 weeks of receiving the application, the interview ought to be scheduled within 2 weeks, during which the authorization committee must conduct the interview of the donor and the recipient on one or two occasions, court said.

Emphasizing that a timely decision-making process is vital, the court highlighted that the complex nature of the process should not deter organ donation.

"Quick decision-making is crucial not just for the donor or the recipient, but also for their respective families. The complex nature of the process tends to deter organ donation which would also not be in the overall interest of the society as a whole, in terms of the object sought to be achieved by the Act. The Act and Rules intend to regulate organ donation and not to completely dissuade the same," the court said.

Case Title: Amar Singh Bhatia v. Sir Ganga Ram Hospital