Delhi HC Sets Strict Timelines for Organ Transplant Approvals Under Human Organs and Tissues Rule

Delhi HC Sets Strict Timelines for Organ Transplant Approvals Under Human Organs and Tissues Rule

The Delhi High Court mandated specific deadlines for the Authorization Committee, as per the Transplantation of Human Organs and Tissues Rules, 2014. These timelines regulate the interview and decision-making procedures for organ transplant cases.

Justice Prathiba M. Singh emphasized the criticality of adhering to time-bound procedures to uphold the integrity and efficiency of organ transplantation protocols. She highlighted that this approach aligns with the right to health as outlined in Article 21 of the Constitution.

The court asserted that any action diminishing human dignity constitutes a partial infringement upon the right to life. Such limitations should comply with a reasonable, equitable, and just legal process that respects other fundamental rights. The essence of genuine living lies in living with dignity, the court emphasized.

Justice Singh issued a directive stipulating that the processing timeline for applications concerning living donor transplantation should not exceed 10 days from the date of submission.

Additionally, Justice Singh mandated that document verification regarding the domicile status of the recipient or donor should be completed within a maximum of 14 days. The court emphasized that any opportunity provided to the donor or recipient to fulfill necessary documentation must be communicated within the specified timeline outlined in the Rules. Justice Singh further directed that following the receipt of the application, the interview should be scheduled within a two-week timeframe, specifically between 4 to 6 weeks after the initial application submission.

The court directed the Authorisation Committee to utilize the two-week period to conduct one or two interviews with the donor or recipient, arrange a meeting involving their family members, and promptly communicate the decision to all involved parties.

It added that the entire process, from submission to decision, ought not to ideally exceed 6 to 8 weeks. Furthermore, any appeal against an order has to be decided within a maximum of 30 days.

Justice Singh presided over a case initiated by a kidney patient in 2020, who had sought organ donation and challenged the delay and indecision of Sir Ganga Ram Hospital in approving his kidney transplant. Unfortunately, the patient passed away between March and April 2021 during the pendency of the case.

Justice Singh highlighted the significance of pre-transplantation interviews, emphasizing that the Authorization Committee's role is pivotal in ensuring that there are no commercial motives behind the donor's decision to provide the organ to the recipient.

The court noted that conducting interviews and completing documentation within specified timeframes is essential. Failing to adhere to these timelines could undermine the very purpose of the process itself. 

Title: AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS.

 

 

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