Lockdown: Delhi HC directs constitution of Committee to ascertain potential health risk to minor willing to donate part of liver to father

Stating that a minor can donate an organ in exceptional medical circumstances, the Delhi High Court yesterday directed a city hospital to constitute a Committee to ascertain potential risk, if any, to a minor girl willing to donate part of her liver to her father..The direction to constitute a committee was issued keeping in view the lockdown in the country, the condition of the ailing father and the daughter's claim that she was a compatible match..Coronavirus: PM Modi calls for 21-day lockdown; essential goods, services excluded; violators charged under Disaster Mgmt Act [Guidelines].The order was passed by a Single Bench of Justice Sanjeev Sachdeva..The Petitioner before the Court was a minor girl who sought a direction to the 'Appropriate Authority' appointed under Section 13(1) of Transplantation of Human Organs & Tissues Act, 1994 to allow her to donate part of her liver to her father..The father of the Petitioner was suffering from CIRRHOSIS of Liver and required urgent liver transplantation. .The counsel for the Petitioner submitted that in view of the 2011 amendment to the Transplantation of Human Organs & Tissues Act, 1994, a complete prohibition on a minor donating a human organ or tissue before death had been done away with. .In the present regime, a minor was permitted to donate organ and tissue in a manner as may be prescribed by the Government, it was asserted. .The Petitioner's counsel stated that she was the right match for liver donation and being 17 years 10 months and about 8 days old, she was mentally capable to undertsand the situation. .The Petitioner's counsel also stated that in view of the complete lockdown in the country on account of pandemic COVID-19, there was no possibility of finding a donor in the near future..In view of the fact that the Petitioner's mother's representation seeking permission for donation, was pending before the Authority concerned, the Court adjourned the matter for a few hours to allow the Authority to decide one way or the other..When the hearing resumed at 5 pm, the counsel for the Delhi Government informed the Court that the Authority concerned had declined the representation on the ground that the Petitioner was a minor. .The Court noted that while declining the permission, the Authoirty relied on the Court's decision in Mohd Suhail Mia Vs. Union of India. .In that case, however, the decision to not allow donation was based on the medical opinion of the expert body which had opined that the minor donor was at risk, it added..The Court stated that a minor could donate an organ in exceptional medical circumstances. ".. 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.", it said..It was further observed that in the case at hand, there was no medical opinion to suggest that there was a potential risk to the Petitioner and therefore, rejecting the representation solely on the ground that the Petitioner was a minor was not sustainable..In view of the above, the Court proceeded to direct Max Super Speciality Hospital, Saket to constitue a medical Committee to the ascertain the risks involved in the present case. .It ordered, "I deem it expedient to direct the Director of Max Super Speciality Hospital, Saket to immediately constitute a committee of two senior doctors preferably; one who is an expert in Liver Transplant and Biliary Sciences to consider the case of the petitioner and to ascertain if there could be any potential risk to the petitioner in donating part of her liver to her father.".The Court added, .Directions have been issued to the Director of Max Super Speciality Hospital, Saket to constitute a committee because it is stated on behalf of the petitioner that the compatibility and other tests of the petitioner and her father were conducted in the said Hospital and also keeping in view of the present lockdown situation and the medical condition of the father of the petitioner.Delhi High Court.The Petitioner was represented by Advocates Saket Sikri, Nikhil Singhvi, Manpreet Kaur..Delhi Govt was represented by Standing Counsel Naushad Ahmad Khan..Read the Order: