Minority not an absolute bar: HC on teen's plea to donate liver to father

New Delhi: The Delhi High Court on Friday noted orally that being a minority cannot absolutely bar a person from donating their organs under the Transplantation of Human Organs and Tissue Act, 1994, while citing Rule 5(3)(g) of the legislation, as per which minors can donate their organs in case of exceptional medical grounds.

The high court was hearing a petition challenging an order issued by the Deputy Head of Operations at the ILBS, refusing permission to a boy aged 17 years and 9 months to donate his liver to his ailing father.

"The Act only says you'll consider on medical grounds...In this case exceptional grounds are made out. None of the other willing persons are eligible, so why should we not set aside this order? It is an unreasoned order anyway," Justice Rekha Palli observed orally.

The petitioner had said that his father needed a liver and his mother and brother had both denied permission on medical grounds. After this, when the petitioner applied to donate his liver to his ailing father, he was denied permission.

"What kind of order have you passed? Why should you want a man to die? At least apply your mind. Reject his application if he's not

eligible. Just because he's a minor cannot be the ground. There is no absolute bar in the statute," Justice Palli said, according to legal news website LiveLaw.

The respondent authority argued that the life of the minor is also important and that the competent authority should take a call on it after assessing whether there are any dangers to the minor donor.

The hearing was posted for Monday next.