A plea filed by the 17 years old minor that he wants to donate his liver to his ailing father, who is suffering from liver failure. He said that he wants to donate the liver but the medical board refused to grant the permission for transplant due to his minority.
In this case the court said that the minor attain the age of majority within two days and also said that it is the case of grave medical emergency so it should attain and deliver the decision as soon as possible.
In this case the court said that mere only because a person is minor, it does not mean that he or she is ineligible to donate his or her organ under the Transplantation of Human Organs and Tissues Act 1994. The court also said that the medical board should apply their mind while dealing this type of cases. Most of the Acts are for the human life, the board should consider all the circumstances and if possible allow the person to donate the organ, in the view of the court just because he or she is minor, he or she is ineligible to donate of the organ.
As per the Transplantation of Human Organs and Tissues Act 1994 “ There is no complete prohibition for a minor to donate a human organ or tissue by a minor and a minor is also permitted to donate organ and tissue in a manner as may be prescribed by the govt.”.
As per Rule 5(3) (g) of the Transplantation of Human Organs and Tissues Rules 2014 “living organ or tissue, donation by minor is not permitted except under medical grounds to be recommended in detail with justification and prior approval of competent authority”.
The court after considering the above Act and Rules asked from the Delhi govt. the minor can donate the organ or not.