Granting the plea, the judge said the section permitted organ donation by a minor in exceptional cases.
Coming to the rescue of an ailing father, who was in need of emergent liver transplantation, the Madras High Court has affixed its seal of approval for a minor son to donate a portion of his liver.
Sitting at the Madurai bench, Justice Abdul Quddhose granted the permission, while allowing a writ appeal from minor Vishvaadharshan Allu, represented by his mother Aswini Allu of Madurai, recently.
The petition prayed for a direction to the Medical and Family Welfare secretary and the Medical Education Director and the Authorisation Committee for Implementation of Human Organ Transplantation to grant necessary approval for the 'part liver transplantation' to be performed urgently at the local Velammal Multi Speciality Hospital.
Section 9(1)(b) of the Transplantation of Human Organs and Tissues Act stated that no human organs or tissue or both shall be removed from the body of a minor before his death for purpose of transplantation except in the manner as may be prescribed. As the petitioner was short by two months to attain majority (18 years), there was an inordinate delay by the authorities to grant permission. Hence, the present petition.
Granting the plea, the judge pointed out that the section permitted organ donation by a minor in exceptional cases. Hence, the Authorisation Committee will have to take a call as to whether the petitioner can donate his part of liver for his ailing father.
The medical records produced by the petitioner clearly established the fact that the father requires liver transplantation immediately.
"This being the case, this Court, while exercising power under Article 226 of Constitution, cannot shut its eyes, when the records placed before this Court make it clear that the relief sought for by the petitioner has to be granted on emergency basis and also the life of a person is at stake," the judge said and directed the Authorisation panel to grant necessary approval for the part liver transplantation forthwith.