The Delhi High Court has granted permission for a 17-year-old boy to donate a portion of his liver to his father, Uttam Kumar Shaw, who is suffering from advanced chronic liver disease with cirrhosis, portal hypertension, mild ascites, and hepatocellular carcinoma. The court ruled that the case falls under the 'exceptional medical grounds' provision of the Transplantation of Human Organs and Tissues Rules, 2014.
Petition and Medical Background
The petition was filed by the minor through his mother and natural guardian, seeking directions to authorities under the Transplantation of Human Organs and Tissues Act, 1994. The boy, born on September 13, 2008, was approximately 17 years and six months old at the time of filing. His father, Uttam Kumar Shaw, was undergoing treatment at the Institute of Liver and Biliary Sciences (ILBS) in Vasant Kunj, New Delhi. The court was informed that Shaw's condition is life-threatening and time-sensitive, with liver transplantation being the only viable lifesaving treatment.
Legal Framework and Court's Observations
During the hearing, the Delhi government's counsel presented a letter dated June 29, 2026, recording the approval of the Lieutenant Governor of Delhi and the appropriate authority, permitting the minor to donate part of his liver. The court noted that Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules prohibits organ donation by minors except on exceptional medical grounds. While there is no absolute statutory prohibition, the court emphasized that the legal framework must be strictly followed.
The court examined medical records and found that the father urgently required a liver transplant and that the minor was the only medically compatible living donor among near relatives. The petitioner qualifies as a 'near relative' under Section 2(i) of the Act, being the biological son. The court also observed that the minor was physically fit and had expressed willingness to donate voluntarily, out of natural love and affection, without coercion or commercial consideration.
Precedent and Balance of Convenience
The High Court noted that similar permissions have been granted in earlier cases involving comparable circumstances. The balance of convenience overwhelmingly favoured allowing the transplant, as denying permission could result in the loss of the father's life. The court also took into account the permissions already granted by the competent authority and the Lieutenant Governor.
Court's Order and Directives
Exercising its powers under Article 226 of the Constitution, the High Court allowed the petition and permitted the minor to donate part of his liver. ILBS informed the court that it had been awaiting the judicial order and would now expedite scheduling the transplant surgery. Before disposing of the petition, the court directed the hospital to ensure that the transplant procedure involving the minor donor is carried out in strict compliance with all legal, ethical, and clinical protocols to safeguard his health and safety.
