The Delhi High Court has asked the Centre to frame guidelines on the exceptional medical grounds in which the appropriate authority can permit a minor to donate living organ or tissue. The direction came as the HC allowed a 17-year-old girl to donate a part of her liver to her father who has been diagnosed with prolonged non-alcoholic steatohepatitis (NASH), which is an end-stage liver disease that requires urgent liver transplant. A single judge bench of Justice Subramonium Prasad in its January 30 order observed that Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014, indicates that on exceptional medical grounds a minor can be permitted to donate living organs or tissues. The grounds are to be "recorded in detail with full justification and with prior approval" of the Appropriate Authority and the State Government concerned, the provision adds. "What are the exceptional medical grounds have not been laid down and this can lead to arbitrariness in the matter of grant of permission for such donations. Respondent No.1 (Union of India, through Secretary Ministry of Health Family Welfare) is directed to frame the guidelines under Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 for the guidance of the appropriate authority and the State Governments while considering an application regarding permitting tissue donations by minors. The guidelines be framed within a period of two months from today," Justice Prasad directed. The HC further said that as per the report given by Medical Board, AIIMS, the girl is "physically fit to donate a portion of her liver to her father and quality of her life will not diminish". After considering that her father required "an urgent liver transplant as he is in the end-stage liver disease", the HC permitted the girl to donate a part of her liver to her father. The court made it clear that it had passed the order because the father of the girl is in the "end stage liver disease". It noted that the girl is "17 years 4 months and 21 days" and the medical board had "categorically stated" that she is in a physical condition to donate a part of her liver and her future won't be "jeopardized". "As stated in the report of AIIMS, the Petitioner No.1 is directed to undergo the procedure in a specialised centre like AIIMS or Respondent No.3 where all detailed workup of Petitioner No.1 be done keeping in view of her safety," the order stated.
