HC orders panel to examine girl's plea for donating part of liver to save father

The Delhi High Court on Wednesday ordered setting up of an expert medical panel to examine if there was any risk to the life of a girl, who wishes to donate part of her liver to her ailing father, if she undergoes the procedure.

The girl wants to donate part of her liver to her father as he is suffering from a severe case of liver cirrhosis and urgently requires a transplant to survive.

However, her representation to the Delhi government for approval to donate part of her liver to her father was rejected as she was a minor -- just over 17 years and 10 months old.

Justice Sanjeev Sachdeva, who heard the matter via video-conferencing, said the government decision was not based on any medical opinion that there was potential risk to her life and was "not sustainable".

"Further, there is no complete prohibition in a minor donating an organ or tissue prior to attaining majority. Donation is permissible but in exceptional circumstances and in accordance with the rules.

"The decision of the committee (of the government) of rejecting the representation of the petitioner (minor girl) solely on the ground that the petitioner is a minor is not sustainable," the court said.

It directed the hospital, where the man is admitted since Monday (March 30), to set up the panel to examine if there was any potential risk to the girl's life.

The court said the panel's decision would be communicated to the government which shall then "forthwith" take a decision on the girl's representation for approval to donate part of her liver to her father.

With the direction, the court listed the matter for hearing on April 3.

The direction came after the Delhi government's health department, represented by additional standing counsel Naushad Ahmed Khan, told the court that it declined to grant approval to the girl to donate part of her liver as she is under 18 years of age.

The girl, in her plea, has said that she will turn 18 by the last week of May, but her father cannot wait till then as he urgently requires a transplant and due to the coronavirus outbreak it would be difficult to find compatible donors.

The girl, who is a suitable match for donating part of her liver, needed to get prior approval for the procedure as she is a minor.

Under the Transplantation of Human Organs and Tissues Act of 1994, hospitals/doctors can allow a transplant from a minor relative in exceptional medical grounds but only after prior approval of the appropriate authority, which in the instant case is the Health Secretary of Delhi government, the petition has said.