The Delhi High Court has granted permission for a minor girl to undergo liver donation for her critically ill father in the final stages of liver disease. The court has instructed relevant authorities to establish guidelines within the next two months, outlining the procedures for granting approval for tissue donation by minors.

The High Court emphasized that the current regulations outlined in the Transplantation of Human Organs and Tissues Rules permit the donation of live tissues and organs by a minor under exceptional medical circumstances. However, it specified that such cases must be thoroughly documented, provide comprehensive justification, and necessitate prior approval from the appropriate authority.

Nevertheless, the court noted a lack of clarity regarding the specifics of these exceptional medical grounds. The absence of a clear explanation raises concerns about potential arbitrariness in the decision-making process for granting permission for such donations.

"Guidelines have to be laid down indicating the nature of exceptional medical grounds, which can be adopted throughout the country by the appropriate authority and the state governments. Respondent no. 1 (Centre) is directed to frame the guidelines under Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014, for the guidance of the appropriate authority and the state governments while considering an application regarding permitting tissue donations by minors.

Justice Subramonium Prasad, in an order issued on Wednesday and disclosed on Thursday, directed the formulation of guidelines within a two-month timeframe starting from the current date.

Rule 5(3)(g) explicitly states that the donation of organs or tissues by minors is generally not allowed. However, exceptions can be made in cases of exceptional medical circumstances, which must be thoroughly documented and justified. Additionally, prior approval from the appropriate authority and the relevant state government is required for such exceptions to be granted.

The High Court issued the order in the context of permitting a 17-year-old girl to donate a portion of her liver to her father. The father is suffering from a severe and prolonged liver disease known as non-alcoholic steatohepatitis-cirrhosis (NASH), reaching the end stage and necessitating an urgent liver transplant.

The man initially submitted a request to the Institute of Liver and Biliary Sciences (ILBS) for permission to undergo a liver transplant using a portion of his daughter's liver. However, receiving no response from the authorities, the petitioner approached the High Court seeking intervention and relief.

According to the affidavit filed by the Delhi government, they contended that the request for urgent liver transplantation, utilizing a portion of the minor's organ, was denied. The denial was based on the assertion that there were no exceptional medical circumstances justifying immediate consideration for the transplant.

The court expressed dissatisfaction with the response provided by the Delhi government in the affidavit. Upon examining a report from a medical board at the All India Institute of Medical Sciences (AIIMS), Delhi, the court noted that the board affirmed the girl's physical fitness to donate a portion of her liver to her father. Additionally, the report asserted that such a donation would not adversely affect the quality of her life.

"...considering the fact that her father requires an urgent liver transplant as he is in the end stage liver disease, NASH, this court is inclined to permit petitioner no. 1 to donate a part of her liver to her father," Justice Prasad ordered.

The court clarified that the issuance of the order was solely due to the critical condition of the girl's father, who is in the end-stage of liver disease. The urgency of the situation prompted the court's decision.

It directed the girl to undergo the procedure in a specialised centre like the AIIMS in Delhi, so she is safe.