After interviewing the minor and other relatives, the committee said that it was not able to rule out the presence of emotional pressure on the minor to consent to the donation
Mumbai The committee set up by the Directorate of Medical Education and Research (DMER) to consider and decide on the application of a minor seeking to donate a part of her liver to treat her father who suffered a hepatic failure, in its detailed order, rejected the plea and said that the mother and daughter might not be aware of the dangers in such a transplant.
After interviewing the minor and other relatives, the committee said that it was not able to rule out the presence of emotional pressure on the minor to consent to the donation. The committee also observed that the man suffered from hepatic failure, probably because he was a chronic alcoholic and that fact was also not brought out.
In its order, the committee further held that the documents submitted by the hospital did not justify the exceptional circumstances to accept the consent of the minor for urgent organ donation and also that she was the only child and was conceived six years after taking treatment for infertility. In light of these observations, the committee rejected the permission.
The committee was formed following the May 6 directions of the Bombay high court (HC), after it interviewed the 16-year-old minor as well as her paternal and maternal uncles on Tuesday. The eight-member committee, including the director of DMER and joint director of Health Services, conducted the interview after the HC directed it to consider the application as a hospital had rejected it.
The minor had approached the HC through advocate Tapan Thatte stating that the rejection by the hospital was not valid as per the 2011 amended Organ Transplant Act. The amendment stated that under exceptional circumstances, a minor could be permitted to make an organ donation. Thatte had urged the court to direct the state to consider the application of the minor in light of the amendment, as the hospital treating her father had not given him much time to live.
Thatte moved the vacation bench of justices A K Menon and N R Borkar against the decision of the committee and sought an urgent hearing after which the bench permitted him to amend the petition and add the challenge to the committee order and posted hearing the petition to Friday.
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