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Justice Abdul Quddhose of Madras High Court on Friday permitted a boy aged 17 years and 10 months to donate a part of his liver to his father for an emergency medical procedure. The minor son represented by his mother had sought the direction of the High Court to the authorities for grant of necessary approval for performance of 'Part Liver Transplantation'.

Delivering the judgment, court noted that as per Section 9(1) (b) of the Transplantation of Human Organs and Tissues Act, in exceptional circumstances, a minor can donate his organ to another person. Pointing out that the medical records of boy's father clearly showed that he needs an emergency surgery, court said,

“Court cannot shut its eyes when the records placed before this Court make it clear that the relief sought for by the petitioner has to be granted on emergency basis and also the life of a person is at stake.”

Further noting that as per boy's medical records, the donation of the part of liver by him will not cause any potential health risk to him, the court, therefore, directed the 'Authorization Committee for Implementation of Human Organ Transplantation' to grant necessary approval and pass appropriate orders accordingly to enable the father to get part liver transplantation done forthwith.

It was argued by the boy's counsel that boy's father who is suffering from acute chronic liver failure, requires immediate part liver transplantation and only boy's liver matched with the requirements of his father's.

It was submitted that despite various attempts, none of the donors' livers matched with the requirements for the liver transplantation, therefore, only under such circumstances, the boy had come forward to donate part of his liver.

Under Section 9 of the Transplantation of Human Organs and Tissues Act, 1994, a permission has to be obtained from the Authorisation Committee for any organ donation. However, since the petitioner boy is aged only 17 years and 10 months and is a minor, only in exceptional circumstances, organ donation can be done by him.

It was argued by boy's counsel that he had already approached the Authorisation Committee but the committee is hesitant to grant approval for organ donation since the boy is a minor.

The court took note of the judgment of Delhi High Court in Anshita Bansal vs Secretary, Ministry of Health and Family Welfare and others wherein the court held that there is no complete prohibition in a minor donating an organ or tissue prior to attaining majority and the donation is permissible in exceptional circumstances and in accordance with rules.

Case title: Minor Vishvaadharshan Allu represented by his Mother and Natural Guradian Aswini Allu Vs The Secretary to Government, Medical and Family Welfare Department, Secretariat