Chandigarh, March 28 — The Punjab and Haryana High Court has directed the authorisation committee to promptly decide on a 16-year-old girl’s plea to donate part of her liver to her ailing father. The man, 47, is battling life-threatening liver cirrhosis and urgently needs a transplant.
Hearing the case on Friday, Justice Kuldeep Tiwari made the authorisation committee a respondent after the family’s counsel, Viren Sibal, pointed out that the committee had not been included as a party.
“Considering the sensitivity of the issue, this court deems it fit and appropriate to pass a mandamus upon the newly added respondent-authorization committee to forthwith decide the petitioner’s representation,” Justice Tiwari said.
The girl and her mother had petitioned the court, alleging the authorisation panel’s “indolent and lackadaisical approach” in granting permission despite the daughter being medically fit to donate. The mother was deemed unfit due to pre-existing health issues, leaving the minor as the only viable donor.
“The minor daughter, aged 16 years, was found to be medically fit to donate the liver segment. But in view of the Transplantation of Human Organs and Tissues Rules, 2014, the approval of the appropriate authority is required,” Sibal argued.
Appearing for PGIMER, advocate Sanjeev Kaushik contended that the petition was flawed due to the non-joinder of the Gurugram district authorisation committee.
The court directed the treating hospital to provide the necessary medical records to facilitate the committee’s decision. “In case the respondent hospital shows any dereliction in compliance to the directions issued by this court, strict action will follow,” the Bench warned.
