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The Delhi High Court has directed Secretary, Health, Government of NCT of Delhi to decide plea of a minor seeking permission to donate part of his liver to his ailing father within a period of two days.

The single Judge bench of Justice Rekha Palli was hearing a plea by a minor being aggrieved by the order dated Aug 28, 2021 passed by Director, Institute of Liver and Biliary Sciences (ILBS) rejecting his request for donating a part of his liver to his ailing father.

Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 states  that a minor can donate organs in exceptional medical circumstances. The Court observed that in the present case  the petitioner’s case ought to have been considered within the parameters of the abovementioned rule and therefore it was incumbent upon the  Director, Institute of Liver and Biliary Sciences (ILBS) to consider whether the petitioner had made out a case for grant of   approval on exceptional medical grounds.  

keeping in view the fact that petitioner’s father is already in a critical state, the Court said that instead of remanding back the matter to the Director, ILBS,  it would be in the interest of justice, if the petitioner’s case is expeditiously considered by the Secretary, Health, Government of NCT of Delhi who is the final authority to grant approval in terms of Rule 5(3) (g).

Accordingly, while setting aside the impugned order, the Secretary, Health, Government of NCT of Delhi has been directed to decide the petitioner’s request within a period of 2 days.

The Court further directed that while considering the petitioner’s request for approval, the Secretary, Health, Government of NCT of Delhi will consider the fact that there is a grave medical emergency in the present case and the petitioner is about to attain majority i.e. complete 18 years of age within about two months from today.

 The petitioner’s father is suffering from advance stage of liver failure for which he is undergoing treatment at ILBS and is in urgent need of a liver transplant.

The petitioner submitted that though 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.

However, when the petitioner was tested, it was found that he could donate a part of his liver to his father. Subsequently, on August 27, the petitioner applied to the Authorization Committee for permission to donate a part of his liver, to his father which was rejected on August 28,  stating that the petitioner was a minor.

Case Title: Saurav Suman through his Mother Mrs. Baby Devi vs GNCTD and Ors.