Madhya Pradesh HC Allows Minor Daughter to Donate Liver Tissue To Father With End-Stage Chronic Liver Disease
The Madhya Pradesh High Court permitted a minor to donate liver tissue to her father with chronic liver disease considering the Transplantation of the Human Organs and Tissues Act, 1994 read with the Transplantation of the Human Organs and Tissues Rules, 2014.
The father of the minor was suffering from end-stage chronic liver disease and needed a transplant of liver tissue.
The Court was hearing a petition seeking a Writ of Mandamus to direct Vishesh Jupitor Hospital to proceed with the transplantation of the liver.
The bench of Justice Vishal Mishra observed, “…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 Ku. Preeti Batham to donate tissue of liver (part of liver) to her father i.e. Shivnarayan Batham.”
Advocate Nilesh Manore appeared for the Appellant and Advocate Anendra Singh Parihar appeared for the Respondent.
Brief Facts-
It is the case of the petitioner that he is suffering from end-stage chronic liver disease and his liver is severely affected and if treatment of transplant of tissue of liver is not done then there is danger to his life. The medical experts have suggested a transplant of liver tissue which is very necessary for saving the life of the petitioner. His daughter is ready to give tissue of the liver to the petitioner but her age is less than 18 years so the doctor is refusing to take her organ. Hence, this petition.
The Court noted that the donor is medically fit to donate tissue of the liver (part of liver) as examined and opined by the Medical Board and the State Government as well as Medical Board has given permission to donate tissue of the liver (part of the liver) by the daughter to her father i.e. the petitioner.
Accordingly, the Court permitted the liver tissue transplantation subject to the condition that the procedure must be conducted at a specialised centre with an expert team of at least three doctors, who will explain the risks to the petitioner and their family.
The Court stipulated that utmost care and caution must be exercised during the procedure, with all necessary medical attention and facilities provided.
Finally, the Court disposed of the Petition.
Cause Title: Shivnarayan Batham v. Vishesh Jupitor Hospital and Others