Supreme Court Seeks UP Govt's Response On Minor's Plea For Permission To Donate Liver To Father

The Supreme Court on Friday sought a response from the Uttar Pradesh government on a plea filed by a minor boy who is willing to donate liver to his critically ill father.

The matter was mentioned before a Bench of Chief Justice U U Lalit, Justice S Ravindra Bhat and Justice P S Narasimha which issued notice to the state government considering the urgency.

The counsel appearing for the minor told the Bench that his father is in critical condition and the only way to save his life is through organ donation.

"It is further submitted that the petitioner (son) is willing to donate his liver to his critically ill father. However, in terms of the statute governing the issue, the donor has to be a major," the Bench noted in its order.

The Court noted that its attention has also been invited to the September 6 representation, addressed to the health secretary of Uttar Pradesh, seeking permission to allow the son to donate his liver to the father.

"The instant petition has been filed on September 8, 2022, itself. Considering the urgency, we issue notice returnable on Monday, September 12, 2022," it said.

The Bench granted liberty to serve the standing counsel for the state and said the apex court Registry shall independently send an appropriate communication to the standing counsel as well as the health secretary of Uttar Pradesh.

"A responsible officer from the health department for the state of Uttar Pradesh shall remain present on Monday, September 12, 2022, when the matter is taken up," it said.

The Apex Court directed that in the meantime, the petitioner may present himself before the concerned hospital, which may do preliminary tests on whether he can be a donor and whether the donation of an organ, in this case, would otherwise be feasible and permissible. It said the matter shall be dealt with finally on September 12.

Cause Title: Parthsarthi Bajaj Through Namrata Bajaj v. Health Secretary & Anr.

Click here to read/download Order 

With PTI inputs