Delhi HC asks NOTTO to put on priority man needing liver

The Delhi High Court Monday asked the National Organ and Tissue Transplant Organisation (NOTTO) to put on "priority list" the case of a man, whose minor daughter had sought permission to donate part of her liver to him, as he needs the transplant urgently.

The daughter was denied the permission as according to an expert medical panel, set up on court orders, the procedure would pose long and short term health risks for her. Taking note of the panel's report, Justice Sanjeev Sachdeva disposed of the girl's plea for permission to donate part of her liver to her father with a direction to NOTTO to put her father on "the priority list of deceased donor liver transplantation".

The court also directed NOTTO to evaluate whether the man, suffering from a severe case of liver cirrhosis, satisfies the criteria for being classified as a 'super urgent case', as was contended by the girl's lawyers. It directed that all requisite documents be forwarded to NOTTO for its evaluation.

The court had on April 3 asked the hospital, where the man was admitted and which had constituted the panel, to clarify if one of its members was a specialist in liver and biliary sciences. The hospital forwarded a clarification, through Delhi government additional standing counsel Naushad Ahmed Khan, that the panel did include a specialist in liver and biliary sciences.

The panel was set up on the court's April 1 order for evaluating whether there would be any risk to the minor girl, who will turn 18-years-old in late May this year, if she donates part of her liver to her father. The girl had moved the court for permission as she had received no response to her representation to the Delhi government's Health Secretary for prior approval to donate part of her liver to her father.

Under the Transplantation of Human Organs and Tissues Act of 1994, hospitals/doctors can allow a transplant from a minor relative in exceptional medical grounds but only after prior approval of the appropriate authority, which in the instant case is the Health Secretary of Delhi government, the petition has said.

The girl, a suitable match to donate to her father, had claimed in her plea that her father cannot wait till she turns 18 for her to donate as he urgently requires a transplant and due to the coronavirus outbreak it would be difficult to find compatible donors. After she moved the petition, the Delhi government told the court that her representation was rejected as she was minor. The court had said the decision was not based on any medical opinion that there was potential risk to her life and was "not sustainable".

"Further, there is no complete prohibition in a minor donating an organ or tissue prior to attaining majority. Donation is permissible but in exceptional circumstances and in accordance with the rules," it had said.

It had directed the hospital, where the man is admitted since Monday (March 30), to set up a expert panel, including a liver transplant and biliary sciences specialist, to examine if there was any potential risk to the girl's life.