Delhi High Court prescribes timelines for completing various steps in organ transplantation process while saying that there is a sense of urgency in organ donation and the absence of fixed timelines is defeating the purpose of statutes.
HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 4th January, 2024.
+ W.P.(C) 3590/2020 & CM APPL. 12775/2020
AMAR SINGH BHATIA & ANR. versus
SIR GANGA RAM HOSPITAL & ORS. …..
Delhi High Court prescribes timelines for completing various steps in organ transplantation process while saying that there is a sense of urgency in organ donation and the absence of fixed timelines is defeating the purpose of statutes
The Delhi High Court on 04th January, 2024 gave a landmark judgment concerning human organ transplant benefitting lacs of patients across the country who are awaiting their organ transplant. The judgment authored by Hon’ble Ms. Justice Prathiba M Singh while analyzing the provisions of the Transplantation of Human Organs & Tissues Act, 1994 alongwith its Rules of 2014 takes cognizance of the long delays in the decision for transplantation by the Authorities thus noticing the absence of necessary timelines in this regard in the Act & Rules. The petitioner, an ex-Airforce employee, was represented by Counsel Ms. Charu Aneja Advocate. Unfortunately, the petitioner died during the pendency of the petition while he had applied for a kidney transplant at Sir Ganga Ram Hospital, Delhi. Advocate Ms. Aneja argued that the timelines within which the Authorisation Committee constituted under Section 9(4) of the 1994 Act is to conduct interviews, make decisions therein, and handle the appeal procedure are not prescribed which is the reason for delays in organ transplant.
The Hon’ble Court emphasized the need to lay down timelines at every step right after any application for organ transplantation is filed till its decision by the Authorisation Committee which will ensure a quick decision thus reinforcing the right to health being fundamental to the right to life under Article 21 of the Constitution of India. The Court thus laid down a 6-8 week timeline within which the entire process has to be completed and directed that the judgment be placed before the Secretary, Ministry of Health & Family Welfare to ensure prescription of the timelines. [W.P. (C ) No. 3590/2020]
to read the judgment click here
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