Madhya Pradesh High Court Allows Minor Daughter To Donate Liver Tissue To Save Her Ailing Father Suffering From Chronic Liver Disease

The single-judge bench of Justice Vishal Mishra permitted liver transplantation under the Transplantation of Human Organs and Tissues Act & Rules. The court granted permission after the Medical Board and the State Level Authorisation Committee gave their consent to the transplantation procedure after finding the donor to be medically fit.

“…The procedure of transplantation of tissue of liver will be carried out in a specialized centre and in presence of expert team of at least 3 doctors. The expert doctors will explain to the family members as well as the petitioner the risk of getting the entire procedure done and other related factors.”, the bench sitting at Indore observed in the order. The court has also given necessary directions for post-operative care and for ensuring adequate medical facilities.

Earlier, on 24.06.2024, the single-judge bench censured the state government for delaying the decision on the minor's representation after the medical board forwarded the matter to the Health Commissioner. As per Rule 5(3)(g) of Transplantation of Human Organs and Tissues, Rules 2014, prior approval of the State Government is required when the donor is a minor, and such transplants can be permitted only on exceptional medical grounds to be recorded in detail with full justification.

Despite the urgent nature of the representation, the state government faltered by not expeditiously considering the request even after the medical board's recommendation, the court had noted then. The report of the Medical Board dated 21.06.2024 had declared the minor daughter as medically fit for liver transplantation.

“Under these circumstances and considering the relevant provisions of the Transplantation of the Human Organs and Tissues Act, 1994 read with the Transplantation of the Human Organs and Tissues Rules, 2014, the respondents are directed to permit….to donate tissue of liver (part of liver) to her father….”, the court accordingly noted while disposing off the petition.

The petitioner-father, who was suffering from end-stage chronic liver disease at Vishesh Jupiter Hospital, is the recipient of the transplant yet to be carried out. Prior to this, in Siya Omar v. Union of India (2024), the Delhi High Court allowed a 17-year-old to donate a part of her liver to her father. In the same case, the High Court also instructed the Centre to frame guidelines in matters of applications for living organ or tissue donations by minors.

Counsel for the Petitioner: Adv. Nilesh Manore

Counsel For State: Govt. Adv. Anendra Singh Parihar

Case Title: Shivnarayan Batham v. Vishesh Jupitor Hospital and Others)

Case No: Writ Petition No. 16491 of 2024

Citation: 2024 LiveLaw (MP) 134

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