Case of organ donation by minor was closed by Supreme Court

A minor of Uttar Pradesh had recently approached Supreme Court asking the permission of donating his liver to save the life of his 43 year old father suffering of liver failure. However the court received the news about the death of the petitioner’s father on Wednesday. As a result a bench led by Justice Abhay Oka along with Justice Kaul decided to close the case. 

Earlier the case was presented before the bench led by CJI U U Lalit on 9th of September. This bench directed the case to be listed instantly as it demanded a decision as soon as possible. Then the matter was taken up by the Supreme Court in September 12, 2022.

The 17 year old son was determined to save his father by donating his liver. However the law doesn’t permit a minor to donate according to the bench. Transplantation of Human Organs and Tissues Act, 1994 states that the organ donor must be a major and a minor cannot donate organs or tissues before death, unless under exceptional circumstances.

The court had also ordered for the positive presence of an officer from the Health Department of Uttar Pradesh during the entire proceeding. The Court ensured the passing of this information to the authorities the by asking the Registry to communicate the matter to the Standing Counsel of the State of UP.

The court also asked the requestor to contact the hospital authorities for conducting certain preliminary tests that could reveal the capability of the boy to become a donor. The court had decided to give their judgment in support of the minor only if the hospital authorities approved the fact that the boy is capable to become the donor. 

According to doctors instead of allowing minors to donate organs a compulsory deceased organ donation program must be initiated. Dr Vikas Jain who is the director of Urology and Kidney Transplant at Fortis hospital of Vasant Kunj said with favorable judgments in such cases, the future will see more and more such petitions and give rise to unethical issues.