The Supreme Court would decide on Monday if a Minor could donate an organ to his ailing father or not, on a petition filed by one PARTHSARTHI BAJAJ ( A Minor) through his mother and natural guardian Namrata Bajaj.

Advocate Bhushan M. Oza mentioned the matter before the Court of Chief Justice of India on 09.09.2022 and Justice Lalit considering the matter of most urgency issued notice to the Government of Uttar Pradesh even when the case was just mentioned before him.

The Court observed the submission of the minor that his father is critically ill and the only way to save the life of this father is through organ donation. It was argued before the court that the petitioner (son) is willing to donate his liver to his critically ill father but the terms of the statute governing the issue do not permit him since a donor has to be a major to donate any organ. 

The Court took note of the legal issue in the case which is that according to the Transplantation of Human Organs and Tissues Act of 1994 an organ donor is required to be major.

The petitioner had earlier made a representation to representation to the Health Secretary, Government of Uttar Pradesh seeking permission to allow the petitioner to donate his liver to the father.

The Supreme Court directed the registry to send an appropriate communication to the standing counsel for the State and Health Secretary, Uttar Pradesh, Lucknow.

The Court also directed the Government of Uttar Pradesh to make available a responsible person to remain present in the court on Monday, the 12th of September 2022.

The Court also directed that "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 case is now listed before Court no.1 on 12.09.2022 at Sr No. 65.

Case Details:

Writ Petition (C) No. 763/2022
PARTHSARTHI BAJAJ THROUGH NAMRATA BAJAJ,
Versus
HEALTH SECRETARY AND ANR