Minor Approaches Delhi High Court Seeking Permission To Donate Part Of His Liver To Ailing Father, Notice Issued

A plea has been filed in the Delhi High Court by a minor aged 17 years, through his mother, seeking directions on the Delhi Government and Institute of Liver & Biliary Sciences (ILBS) to permit him to donate part of his liver to his ailing father, who is suffering from advance stage of Liver Failure.

It is averred that both the child's mother and elder brother have been denied permission to donate their organs on medical grounds. Further, permission was denied to the petitioner to donate a part of his Liver on account of him being of minor age i.e. 17 years, 8 months, 19 days.

Justice Rekha Palli, who heard the matter on Wednesday, issued notice on the petition and granted three days' time to the Respondents for filing counter affidavit in the matter. She has listed the case for further hearing on September 24. The Court also clarified that rejoinder, if any, be filed before the next date of hearing.

The plea, moved through Advocate Prasoon Kumar, arises out of the order passed by Deputy Head of Operations, ILBS and the competent authority, dated 28th August, 2021, refusing permission to the Petitioner to donate a part of his liver to his father.

"That as per the Transplantation of Human Organs and Tissues Act 1994 hereinafter called as 1994 Act, there is no complete prohibition for a minor to donate a human organ or tissue by a minor and a minor is also permitted to donate organ and tissue in a manner as may be prescribed by the government. Rule 5(3) (g) of Transplantation of Human Organs and Tissues Rules 2014, living organ or tissue, donation by minor is not permitted except under medical grounds to be recommended in detail with justification and prior approval of competent authority," the plea reads.

It was therefore the petitioner's case that the impugned order passed by the authority shows non-application of mind on their part. 

While issuing notice on the plea, the Court also directed that in view of the urgency, a responsible officer of ILBS shall remain present in the Court through video conferencing on the next date of hearing

Case Title: Saurav Suman through his mother v. GNCTD & ANR