Inform Donor Or Recipient Via WhatsApp Or Email About Deficiencies In Organ Transplant Documents: Delhi High Court

The Delhi High Court has ordered that the donor or recipient be informed via WhatsApp or email about the deficiencies in the documentation pertaining to organ transplantation process.

“It is further clarified that whenever communication needs to be given to either the donor or the recipient regarding deficiencies in documentation or any procedural formalities, a communication shall be sent by email or to the mobile number via WhatsApp to the said donor or the recipient or any of their close relatives, ensuring that there is proof of communication,” Justice Prathiba M Singh said.

The court was dealing with a plea moved by a kidney patient in 2020 who sought organ donation and challenged the indecision and delay of Sir Ganga Ram Hospital in taking a decision on his kidney transplant. He passed away in March-April, 2021.

Earlier this year, the court had considered the provisions of the Transplantation of Human Organs and Tissues Act, 1994, and directed that proper timelines ought to be fixed for timely-disposal of applications received by patients for transplantation.

The court noted that that specific timelines have now been fixed for almost all the steps taken by the Authorization Committee.

“With this modification, let the timelines as contained in communication dated 3rd May, 2024 be implemented by all the Authorization Committees, which function under the Transplantation of Human Organs and Tissues Act, 1994,” the court said.

It ordered that adequate publicity be given to the timelines as well as the latest order, so that there is proper compliance by all concerned stakeholders including hospitals and governmental authorities.

Vide its judgment dated January 04, the court had observed that a time-bound approach is crucial to maintain the integrity and effectiveness of organ transplantation protocols and would also be in furtherance of the right to health under Article 21 of the Constitution.

Counsel for Petitioners: Ms. Charu Aneja, Adv

Counsel for Respondents: Ms. Saroj Bidawat, Adv, Mr. Rishikesh Kumar, ASC (GNCTD) with Ms. Sheenu Priya, Mr. Atik Gill & Mr Sudeep Kumar Shukla, Advs. for GNCTD

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

Citation: 2024 LiveLaw (Del) 618

Click here to read order