Whether approval of GNCTD is required by a minor for donating a part of his liver to his Ailing Father, Delhi High Court seeks Govt's Response

  • Shaheen Parween
  • 04:44 PM, 24 Sep 2021

The Delhi High Court today directed the Counsel appearing for Delhi Government to seek instructions as to whether further approval of the appropriate authority of the GNCTD is required by a minor to donate a part of his live to his ailing father.

The direction was passed by the single judge bench of Justice Rekha Palli while 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.

The Court having regard to the urgency of the matter has listed the matter for next hearing on September 27.

The single judge bench of Justice Rekha Palli had on the earlier hearing 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 had 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.