What Is Reasonable Period To Be Followed By Hospitals For Holding Interviews Under Organ Transplantation Rules? Delhi High Court To Centre

The Delhi High Court has asked Union Government to inform it about the "reasonable period" to be followed by Hospitals and Authorisation Committee for holding interviews and conveying the decisions to the applicants seeking organ transplantation under Transplantation of Human Organs and Tissues Rules, 2014.

Justice Prathiba M Singh was hearing a plea moved by a man seeking organ donation, and challenging the delay on the part of Ganga Ram Hospital to take a decision on the kidney transplant required by him. Although the petition was filed in 2020, the man died during the COVID-19 pandemic in 2021.

The issue raised in the plea is that there are no prescribed timelines for holding the interview by the Authorisation Committee under Rules, once the requisite documentation is submitted.

Rule 23(1) of the Rules states that the Authorisation Committee should state in writing its reason for rejecting or approving the application of the proposed living donor.

Rule 23(4) further provides that the decision should be displayed on the notice board of the hospital or Institution immediately, including the website, within 24 hours, while keeping the identity of the recipient and donor hidden.

Noting that the 2014 Rules have been enacted by the Union Government under Section 24 of the Transplantation of Human Organs & Tissues Act (THOTA), 1994, the court directed the Union Ministry of Health and Family Welfare to file an affidavit on the issue.

“If there are no timelines, for calling the interview, the Respondent No. 3-Union of India shall also state in its affidavit as to what is the reasonable period that should be followed by the Hospitals, Authorisation Committees and for the screening process for holding interviews and conveying the decisions to the applicants under the 2014 Rules,” the court ordered.

The matter will now be heard on July 28.

Advocate Charu Aneja appeared for petitioner. Advocate Subhash Kumar appeared for Ganga Ram Hospital and Advocate Saroj Bidawat represented Union of India.

Title: AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS.

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