Organ Transplant: Bombay High Court Directs Hospital To Decide In Two Days Minor's Request To Donate Liver To Her Ailing Father

A division bench of Justice Revati Mohite Dere and Justice Madhav Jamdar directed that the hospital to accept her forms and arrive at a decision. The same has to be finalized and submitted to the Court by Friday, i.e. May 6.

The petitioner is a minor, aged 16 years 2 months and 13 days. The said petition was filed through her mother Bharati Sagar Biyani.

The petitioner had on last occasion submitted that the petitioner's father Sagar Biyani is in need of a liver transplant, as he has been diagnosed with 'Liver Cirrhosis Decompensated'. Her counsel submitted that appropriate authority had evaluated all the near relatives as potential-donors, however, except for the petitioner (Riya Sagar Biyani), none was found medically suitable.

It was further submitted that the family was unable to find any other suitable donor. And the petitioner being a minor is unable to donate a part of her liver, without approval of the appropriate authority or the State Government.

The counsel further submitted that the petitioner has filed an application seeking approval of the respondent No. 2, for transplanting part of her liver to her ailing father, however, the petitioner has not received any response till date.

Government Pleader PP Kakade stated that if the petitioner submits all necessary documents during the course of the day, her application will be considered on the basis of the said documents, expeditiously.

Thereafter, the Court had granted time till May 4.

On that day, Kakade informed the Court that the concerned State department has not received any documents or forms from the Global Hospital authorization committee, where the father is admitted. "Even if the authorization committee decides against transplantation, the state govt department can take an independent view from the authorization committee," he said.

The Petitioner then pointed out that the procedure for transplanting organ of minor is not clear. Hence, the hospital is not accepting her forms.

Therefore, they asked the Court to direct the hospital to accept the forms, which the Court did. "Okay we are directing the hospital to accept the form. They have to make a file, arrive at a decision and then submit the same to the Court on Friday at 10.30 am," it orally remarked.

Case Title: Riya Sagar Biyani (Being a Minor suing through Next of Friend) Bharati Sagar Biyani Versus The State of Maharashtra and Anr.

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