In the case titled Saurav Suman filed through his mother v. GNCTD (Government of National Capital Territory of Delhi), Justice Rekha Palli issued a notice allowing a minor to donate parts of his liver to his ailing father.
The petitioner’s father was diagnosed with an advanced stage of liver failure, whereby the child’s mother and elder brother of the petitioner were denied permission as they were medically unfit for the procedure. The younger son who is the petitioner was also denied permission on the basis of being a minor.
The petitioner Saurav Suman is a seventeen years old boy who is asking for permission for donating parts of his liver to his ailing father from the Delhi Government and Institute of liver & Billary Sciences (ILBS).
CONTENTIONS OF THE PETITIONER
The petitioner’s counsel held that as per the Transplantation of Human Organs and Tissues Act, 1994 there is no clause that absolutely bars a minor from donating an organ or tissue according to the rules of the government.
Furthermore, the petitioner has held that there was no application of mind on the part of the authority while passing the order.
The court has issued a notice to set aside the order passed by Institute of liver & Billary Sciences (ILBS) and the Authorization Committee, according to which the petitioner was prohibited from donating a part of his liver to his ailing father. The notice was issued to the ILBS as well as the Delhi High Court.
Keeping in mind the urgency at hand and the deteorating condition of the petitioner’s father, the Court ordered an officer to be present at the next hearing of the Court which will be held through a Video Call.