Madhya Pradesh High Court: In a writ petition seeking a mandamus directing the State Government to proceed with liver transplantation given the petitioner’s critical condition and his minor daughter’s willingness and medical fitness, a single-judge bench of Vishal Mishra, J., directed the respondents to permit petitioner’s minor daughter to donate liver tissue to her father, subject to several conditions ensuring medical safety and post-operative care. The Court emphasised that the procedure must be carried out in a specialized center with an expert medical team.
In the instant matter, the petitioner filed a writ petition seeking a mandamus directing the State Government to proceed with the transplantation of his liver, contingent on medical fitness. The petitioner is suffering from end-stage chronic liver disease and requires an urgent liver tissue transplant. His daughter is willing to donate a part of her liver but is under 18 years old, leading to refusal by doctors without governmental approval. The Medical Board found petitioner’s daughter medically fit to donate part of her liver, but approval from the State Level Authorization Committee is required under the Transplantation of Human Organs and Tissues Rules, 2014. A coordinate Bench of this Court previously ordered the State Level Authorization Committee to decide on the matter expeditiously. Despite the same, no decision was made by the committee within the stipulated time.
The Court noted that the petitioner’s condition is critical, and the transplantation is necessary to save his life. The Court noted that the Medical Board confirmed the petitioner’s minor daughter’s medical fitness. The Court further noted that Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 allows minors to donate in exceptional cases. The Court referenced to Siya Omar v. Union of India, , where the Delhi High Court granted permission to a minor to donate liver tissue under exceptional medical circumstances under Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014. The Delhi High Court held that “a perusal of the aforesaid Rule indicates that in exceptional medical grounds which are to be recorded in detail with full justification and with prior approval of the appropriate authority a minor can be permitted to donate live tissues and organs.”
The Court directed the respondents to permit petitioner’s daughter to donate part of her liver to the petitioner, subject to specified medical and procedural conditions. The Court permitted the liver tissue transplantation with the following conditions:
The transplantation procedure must be performed in a specialized center by an expert team of at least three doctors.
Doctors must inform the family of the risks and other related factors.
All necessary medical attention and facilities must be provided during the procedure.
Post-operative care must be extended to the donor as required.
The procedure should be carried out expeditiously with all precautions and measures in place.
[Shivnarayan Batham v. Vishesh Jupitor Hospital, Writ Petition No. 16491 of 2024, order dated 27-06-2024]
Advocates who appeared in this case :
Shri Nilesh Manore, Counsel for the Petitioner
Shri Anendra Singh Parihar, Govt. Advocate, Counsel for the State
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