Delhi High Court Directs UOI To Frame Guidelines Under Rule 5(3)(G) Of Transplantation Of Human Organs And Tissues Rules, 2014 Within 2 Months

In the present matter, the father-petitioner no. 2 was admitted to Dr. Rela Institute and Medical Centre, Chennai and was diagnosed with prolonged liver disease, viz. non-alcoholic steatohepatitis- cirrhosis (NASH), end stage liver disease, which required an urgent liver transplant.

While exercising its discretion under Article 226 of the Constitution of India, a bench of Justice Subramonium Prasad permitted the minor petitioner to donate a part of her liver to her father. However, clarified that “It is made clear that this Court is passing this order because the father of Petitioner No.1 is in the end stage liver disease. The Petitioner No.1 is 17 years 4 months and 21 days and the Medical Board, AIIMS has categorically stated that Petitioner No.1 is in a physical condition to donate a part of her liver and that her future will not be jeopardized and risk involved in the case is the risk that is involved ordinarily to any donor”.

As per the Report given by the Medical Board, AIIMS the daughter was physically fit to donate a portion of her liver to her father without diminishing quality of her life in future.

Petitioner No.1 was born on September 5, 2006, and on the date of the filing of the present writ petition, she was aged 16 years 11 months. As of today, she would be 17 years 4 months and 24 days.

The Petitioners had also filed a writ petition before the Allahabad High Court praying for the reliefs, as they had put down his name on the Cadaveric Donor waiting list of the King George Medical University, Lucknow. The reliefs inter alia sought for were:

"a) Issue a writ order or direction in the nature of Mandamus directing and commanding the opposite parties to grant the petitioner no 01, the necessary permission to donate a part of her liver to her ailing father i.e. petitioner no 02 in accordance with the Transplantation of the Human organs and Tissues Act, 1994 and the Transplantation of the Human organs and Tissues Rules, 2014.

b) Issue a writ order or direction in the nature of Mandamus, directing and commanding the opposite parties to expeditiously process and dispose the petitioner no 02 application for Liver Transplantation as he is in urgent need of liver transplantation and any further delay will be detrimental to his health and could be life threatening."

However, the same was withdrawn as the petitioner was desirous to get the liver transplant conducted at New Delhi, and therefore, the Allahabad High Court had no jurisdiction over the Government of N.C.T. at New Delhi.

Accordingly, the bench after referring to Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 noted that “A perusal of the aforesaid Rule indicates that in exceptional medical grounds which are to be recorded in detail with full justification and with prior approval of the appropriate authority a minor can be permitted to donate live tissues and organs. What are the exceptional medical grounds have not been laid down and this can lead to arbitrariness in the matter of grant of permission for such donations. Guidelines have to be laid down indicating the nature of exceptional medical grounds which can be adopted throughout the country by the appropriate authority and the State Governments”.

Appearance: Petitioners- Shantanu Singh, Ravi Sehgal, Divya Narayanan and Anuj Gupta, Advocates.

Respondents- Jaswinder Singh, Poonam Rohilla, Advocates for R-1. Siddharth Panda, Advocate for R2 and 4. Mehak Nakra, ASC for GNCTD with Abhishek Khari, Advocate for R-3. Harsh Pathak, Shaveta Mahajan and Mohit Choubey, Advocates for R-5

Cause Title: Siya Omar Through Her Mother And Natural Guardian Priyanka Gupta & Anr. v. Union Of India Through Its Secretary Ministry Of Health And Family Welfare & Ors. [Neutral Citation: 2024:DHC:711]