Early Times Report
NEW DELHI, June 30: The Delhi High Court has permitted a 17-year-old boy to donate a part of his liver to his father, who is suffering from an advanced chronic liver disease.
Hearing the boy's petition, a vacation bench of Justice Mini Pushkarna said that while there was no "absolute statutory bar" on a minor donating a living organ, it could be permitted only in exceptional medical circumstances while rigorously complying with the legal framework.
The Transplantation of Human Organs and Tissues Rules state that "living organ or tissue donation by minors shall not be permitted except on exceptional medical grounds to be recorded in detail with full justification and with prior approval of the Appropriate Authority and the State Government concerned".
In the order passed on Monday, Justice Pushkarna directed that the medical procedure upon the petitioner shall be "carried out properly, in compliance with all legal, ethical and clinical protocols" to ensure his health and safety.
The judge observed that the petitioner, who was the only suitable donor available, wanted to donate a portion of his liver to his father out of his own volition, love and affection and denying such permission might lead to the loss of life of his father.
The Institute of Liver and Biliary Sciences, where the boy's father is undergoing treatment, said it would expeditiously fix a date for the operation pursuant to the court's order.
The Delhi government's counsel said the lieutenant governor and the appropriate authority have also given their approval in this matter.
The court order said, "Considering the medical condition of the father of the petitioner, as also the permission granted by way of letter dated 29th June, 2026, issued by the Ministry of Health and Family Welfare Department, containing the approval of the appropriate authority as well as the Lieutenant Governor, GNCTD, this Court is of the view that the balance of convenience and equities, in the present case, overwhelmingly lie in favour of permitting the proposed liver donation and transplantation."
"Accordingly, in view of the submissions made before this Court, this Court deems it fit to exercise its discretion under Article 226 of the Constitution of India, 1950, in the present case and allow the petitioner to donate a part of his liver to his father," it ordered. |
