The Delhi High Court on Thursday directed the Institute of Liver and Biliary Sciences (ILBS) to submit all the mandatory tests that have to be conducted to assess the feasibility of donation of liver by a minor petitioner before the Appropriate Authority by today.
A Single-Judge Bench of Justice Rekha Palli was pleased to pass these directions in a plea seeking setting aside the order dated August 28, 2021, passed by ILBS and Authorization Committee as per Section 13(1) of Transplantation of Human Organs and Tissues Act 1994, whereby, the petitioner had been prohibited to donate a part of his liver to his ailing father. Advocate Naushad Ahmed Khan, appearing for the Delhi government, submitted that they had not received the test reports of the petitioner.
Advocate Sidharth Panda, appearing for ILBS, stated that there were fluctuations in the Cancer Antigen Test of the petitioner and certain tests were contingent on the results of other tests, due to which delay was being caused. On the previous day, the court had directed the Appropriate Authority to reconsider the petitioner’s representation within 2 days.
According to the petition, the petitioner’s father is suffering from advance stage of liver failure. The petitioner’s father is undergoing treatment at ILBS and is in urgent need of a liver transplant.
The petition avers several family members of the petitioner’s family have applied for the donation of their liver, including his mother, elder brother, aunt and uncle, but due to certain medical complications, the applications could not be accepted.
The petition further avers, upon testing it was found that, the petitioner could donate a part of his liver to his father and hence, on August 27, 2021, the petitioner applied to the Authorization Committee, for the permission to donate a part of his liver, to his father. On August 28, 2021 the said application was rejected, stating the petitioner was a minor. The petitioner’s age on the date of refusal was 17 years, 8 months and 19 days.
According to the petition, in Transplantation of Human Organs and Tissues Act 1994, there is no absolute bar on donation of Human Organ or Tissue by a minor. Rule 5(3)(g) of Transplantation of Human Organs and Tissues Rules 2014, states, living organ or tissue donation by minor is not permitted, except medical grounds to be recommended in detail, with justification and prior approval of competent authority.
The petition was filed and argued by Advocate Prasoon Kumar and has been listed for further arguments on October 25.