MUMBAI: The Bombay high court on Monday directed the appropriate authority under the Organ Transplantation Act to consider expeditiously an application for liver transplant by a 16-year-old donor for her father, despite her being a minor.
"Since the condition of the petitioner’s father is critical, we request that the said application be decided, as expeditiously as possible, and in any event on or before May 4, 2022," said a bench of Justice Revati Mohite Dere and Madhav Jamdar hearing the minor’s petition filed through her next of friend, her mother, for permission to be the donor for her father.
The Act does not consider minors as competent donors. She is 16 years 2 months and 13 days old, the court order noted.
The girl’s lawyer Tapan Thatte said the father was diagnosed with ‘liver cirrhosis decompensated’ and needs a transplant .
Her father is bed-ridden and was in March 2022 adviced to undergo a liver transplant, she added.
All close relatives were evaluated as potential donors, but except for her none of them were found 'medically suitable' her petition said.
The urgency in approaching the HC, the petition said. Since the life expectancy of the patient was not beyond 15 days on the date of the petition, April 30.
Her lawyer submitted that the family is unable to find any other suitable donor and since she is a minor under the law, she is unable to donate a part of her liver without the approval of the appropriate authority or the state government.
She had filed an application dated April 25 2022, for approval of the authority, but did not receive any response as yet, her petition said.
Government pleader, PP Kakade, for the directorate of medical education and research (DMER) on Monday submitted that if she submits all necessary documents during the course of the day, her plea would be considered expeditiously based on them.
