'Minority Not An Absolute Bar': Delhi High Court On 17 Yr Old's Plea For Donating Liver To Ailing Father

The Delhi High Court on Friday orally observed that merely because a person is a minor does not mean (s)he is ineligible to donate her/his organ under the Transplantation of Human Organs and Tissues Act 1994.

"Minority is no bar," observed Justice Rekha Palli while referring to Rule 5(3) (g) of the Transplantation of Human Organs & Tissues Rules, 2014 which provides that living organs or tissues donation by minor is not permitted except under exceptional medical grounds to be recorded in details with full justification and with prior approval of the competent authority.

Minor Can Donate Organ In Exceptional Circumstances; No Complete Prohibition: Delhi HC 

The Judge added,

"The Act only says you'll consider on medical grounds...In this case exceptional grounds are made out. None of the other willing persons are eligible, so why should we not set aside this order? It's an unreasoned order anyway."

The Court was hearing a petition challenging an order passed by Deputy Head of Operations, ILBS and the competent authority, dated 28th August, 2021, refusing permission to the Petitioner, 17 years and 9 months of age, to donate a part of his liver to his father.

It was averred that both the petitioner'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.

The petitioner therefore sought appropriate directions on the Delhi Government and Institute of Liver & Biliary Sciences (ILBS).

"What kind of order have you passed? Why should you want a man to die? At least apply your mind. Reject his application if he's not eligible. Just because he's a minor cannot be the ground. There is no absolute bar in the statute," remarked Justice Palli.

Following this, Senior Advocate Sanjay Poddar appearing for the Respondent submitted, "Life of minor also important; Let the competent authority take a call whether operation may be carried out after ascertaining that it will not harm the minor."

The Bench then asked the Petitioner as to why he has not availed the alternate remedy of appeal under Section 17 of the Act.

However, noting that the matter pertains to the life of a man, hearing was adjourned to Monday with direction to the Respondent to obtain instructions as to whether in a situation like this, any further approval is needed by the Appropriate Authority from the GNCTD.

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