16-yr-old knocks on HC door to donate part of liver to ailing father
The court has asked the appropriate authority to decide by today
Considering the critical condition of a man, the Bombay High Court on Monday directed the appropriate authority under the Organ Transplantation Act to expeditiously consider an application for liver transplant by his 16-year-old daughter.
A division bench of Justices Revati Dere and Madhav Jamdar, while hearing a petition filed by the minor girl’s mother, said, “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.”
The girl, who is a little over 16 years, approached the HC through her mother seeking permission to be the donor
for her father as they failed to find a “medically suitable donor”. However, Under the Organ Transplantation Act,
a minor is not considered as a competent donor.
The petitioner’s advocate Tapan Thatte contended that the father was diagnosed with “liver cirrhosis decompensated” and required a transplant. The father has been bedridden and was advised to undergo a liver transplant in March this year.
The plea states that all close relatives were evaluated as potential donors. However, none of them, except the minor daughter, was found “medically suitable”.
According to the doctors, the life expectancy of the father is not beyond 15 days from the date of filing of the petition, which is April 30. Thatte argued that the family has not been able to find another suitable donor, except the minor daughter.
On April 25, the daughter had filed an application seeking approval from the authority to become the donor. However, she has not received any response yet. Hence they filed the petition.
Government pleader PP Kakade, appearing for the Directorate of Medical Education and Research (DMER), said that if she submits all necessary documents during the course of the day, the authorities would expeditiously consider the same.
The HC has kept the petition for hearing on May 4, when the authorities have to consider the minor’s application for being a donor.