Liver is needed to save the life of the father, but according to the Transplantation of Human Organs Act, 2011 only an adult person or a deceased minor can donate organs.
Minor son ParthSarathi Bajaj filed a petition in the Hon’ble Supreme Court by his natural guardian mother Mrs. Namrata Bajaj for permission to donate liver to his father, which was heard by a three-judge bench.
In view of the urgency of the matter, the said petition was heard urgently on 9th September 2022
The said petition was put up for hearing before the bench of Chief Justice of India Uday Umesh Lalit, Justice S Ravindra Bhatt and Justice PS Narasimha.
The petitioner counsel submitted that the father of the petitioner is in critical condition and the only way to save the life of the father is through organ donation.
It is further submitted that the petitioner(son) is willing to donate his liver to his critically ill father. However, in terms of the statute governing the issue, the donor has to be a major.
It was also pointed out by learned counsel that an application to seeking permission to allow the petitioner (son) to donate his liver to the father was also given by the petitioner addressed to the Health Secretary, Uttar Pradesh Government on dated 06.09.2022.
The instant petition has been filed on 8th September, 2022 itself.
Considering the urgency, Supreme Court issued notice returnable on Monday, the 12th September, 2022.
Dasti, in addition, is permitted.
Liberty to serve the learned standing counsel for the State is granted.
The Registry shall independently send an appropriate communication to the learned standing counsel as well as the Health Secretary, Uttar Pradesh Government, Lucknow,”the court said.
Bench directed UP Government, A responsible officer from the Health Department for the State of Uttar Pradesh shall remain present on Monday, the 12th September, 2022, when the matter is taken up.
The Bench also stated the in the meantime, the petitioner may present himself before the concerned hospital, which may do preliminary tests whether he can be a donor and whether the donation of an organ in the present case would otherwise be feasible and permissible.
The matter shall be dealt with finally on 12th September, 2022.
Parthsarthi Bajaj vs Health secretary, Uttar Pradesh and anr Transplantation of Human Organs and Tissues Rules, 2014
