Mumbai: HC asks State Authorisation Committee to decide on minor’s request to donate organ to father by May 9

Mumbai: HC asks State Authorisation Committee to decide on minor’s request to donate organ to father by May 9

A division bench of Justices Revati Dere and Madhav Jamdar asked the committee to make a decision and inform the family on the same day.

Urvi MahajaniUpdated: Friday, May 06, 2022, 08:16 PM IST
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Bombay High Court | PTI

The Bombay High Court on Friday directed the State Authorisation Committee to take a decision on the liver transplant case, where a minor is willing to donate part of her liver to her father since they did not find any other suitable donor, by May 9.

A division bench of Justices Revati Dere and Madhav Jamdar asked the committee to make a decision and inform the family on the same day.

The HC was hearing a petition by the girl, who is a little over 16 years of age, seeking permission to be a donor for her father who is critical. Under the Organ Transplantation Act, a minor is not considered a competent donor.

During the hearing, additional government pleader PP Kakade submitted the father’s file, prepared by the hospital, to the HC.

After going through the file, the judges said that the hospital committee had opined that the minor's father required a liver transplant.

Justice Dere said: “Now you (State Authorisation Committee) take a decision Mr Kakade.”

Replying in the affirmative, Kakade also informed that Dr Bhise from the Directorate of Medical Education and Research (DMER) and the Medical Superintendent of the Global Hospital, where the father is being treated, were present in court.

Advocate Tapan Thatte, appearing for the minor, had said earlier that the hospital was not accepting any forms from them since the procedure with regard to transplanting organs of a minor was not clear.

The plea contended that they have failed to find a suitable donor, other than her, for her father. The doctors have said that the father is in urgent need of a liver transplant and has 15 days to live, from the date of the filing of the petition, which is April 30.

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