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Delhi High Court important ruling on donation of liver by minor daughter of age) to ailing father – Transplantation of Human Organ Act, 1994 – Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014

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The petitioner would be 17 years and 4 months as on the date of the judgment.  The petitioner no.2 is diagnosed with prolonged liver disease requiring liver transplant.   The petitioner no.1 daughter was found suitable.  The petitioner no.2 made representation dated 28.6.2023 to the Respondent no.4 Institute of Liver and Biliary Sciences, New Delhi, for permission for transplantation of a part of liver of his minor daughter.  There was no response.

The petitioner no.2 had given his name on the donor waiting list of the King George Medical University, Lucknow.

The affidavit of the Respondent no.3 and the Committee did not support of donation by the minor daughter to her ailing father.

The matter was referred to AIIMS for Medical Board to examine the pettiioner no.1 if she can give donate her live.   

The Report of AIIMS showed that the petitioner no.1 is healthy and can donate part of her live to her father and made certain recommendations.

HELD that as per Rule 5(3)(g) of the Rules of 2014, living organ or tissue donation by minors shall not be permitted except on exceptional medical grounds to be recorded in detail with full justification.  However, the “exceptional medical grounds” are not laid down.  This can lead to arbitrariness in the matter of permission.  It is, therefore, necessary to lay down guidelines for exceptional medical grounds and accordingly directed the Respondent no.1.   Moreover, the permission was granted to the petitioner no.1 for donation in view of AIIMS medical board report that she is fit for such donation and father is in the end stage liver disease.

Judgment dated 30.1.2024 of the Delhi High Court in W.P.(Civil) No.11320 of 2023 of Siya Omar Vs. Union of India and others

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