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The Delhi High Court has issued notice in 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.

The single judge bench of Justice Rekha Palli has issued notice to the Delhi Government and Director, Institute of Liver and Biliary Sciences (ILBS) seeking their response on the minor’s plea.

The counsel appearing for the petitioner who is 17 years of age submitted that the impugned order clearly shows that there has been total non-application of mind on the part of the Director, Institute of Liver and Biliary Sciences (ILBS) who has failed to appreciate that the Rules 5 (3)(g) permits donation of living organs or tissues by a minor in certain exceptional circumstances which aspect has been totally overlooked while passing the impugned order.

Keeping in view the urgency in the matter, the court has directed an authorized officer of ILBS, well conversant with the facts of the case to remain present on the next date through video conferencing.

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.