‘Communicate Through Email Or Whatsapp’: Delhi HC Approves Timelines Fixed For Disposal Of Organ Transplantation Applications
|The Delhi High Court approved the timeline fixed for disposal of applications for organ transplantation.
This ordere stemmed from a plea filed by a retired Indian Air Force officer diagnosed with kidney failure in March 2017. A comprehensive order had been previously issued on January 4, 2024, urging the government to establish timelines for organ and tissue transplantation, which were subsequently submitted to the court on May 20.
A Bench of Justice Prathiba M Singh emphasized the importance of documented communication by adding that, “It is further clarified that whenever communication needs to be given to either the donor or the recipient regarding deficiencies in documentation or any procedural formalities, a communication shall be sent by email or to the mobile number via WhatsApp to the said donor or the recipient or any of their close relatives, ensuring that there is proof of communication..With this modification, let the timelines as contained in communication dated 3rd May, 2024 be implemented by all the Authorization Committees, which function under the Transplantation of Human Organs and Tissues Act, 1994.”
Advocate Charu Aneja appeared for the Petitioners and Advocate Saroj Bidawat appeared for the Respondents.
Furthermore, the Court directed all authorization committees established under the Human Organs and Tissues Act, 1994, to adhere to the timelines set forth by the Ministry of Health and Family Welfare. These timelines encompass processing applications, document verification, and scheduling interviews for organ and tissue transplantations.
In addition to ensuring compliance by hospitals and government authorities, the Court emphasized the need for widespread awareness of these timelines and court orders. The Court added, “With this modification, let the timelines as contained in communication dated 3rd May, 2024 be implemented by all the Authorization Committees, which function under the Transplantation of Human Organs and Tissues Act, 1994. Let adequate publicity be given to the timelines and this order, so that there is proper compliance by all concerned stakeholders including hospitals and governmental authorities.”
Cause Title: Amar Singh Bhatia & Anr. v. Sir Ganga Ram Hospital & Ors,. [2024:DHC:4132]
Appearance:
Respondents: Advocates Saroj Bidawat, Additional Standing Counsel Rishikesh Kumar, along with Advocates Sheenu Priya, Atik Gill, and Sudeep Kumar Shukla.
Click here to read/download Judgment