LI Network
Published on: January 7, 2024 at 03:05 IST
The Delhi High Court has directed the Authorisation Committee under the Transplantation of Human Organs and Tissues Rules, 2014, to adhere to specific timelines for document completion, scheduling interviews, and decision-making processes.
Justice Prathiba M Singh’s bench stated, “The suggested timelines provided serve as a guide for the competent authority to make well-informed decisions in this regard. It’s expected that the competent authority issues clear directives to all stakeholders, ensuring compliance with these timelines.”
Additionally, the Court directed the judgment to be presented to the Secretary, Ministry of Health and Family Welfare, to establish timelines under the 1994 Act and 2014 Rules for organ donation applications, after consulting relevant stakeholders.
Charu Aneja represented the petitioners, while Subhash Kumar and others appeared for the respondents.
The case originated in December 2018 when a Gurgaon Hospital recommended a preemptive renal transplant for the petitioners. Despite submitting necessary documents, no decision was reached, prompting the petitioners to seek recourse in the High Court.
The Court, in February 2021, instructed the Authorisation Committee to decide within two weeks. Despite the petitioner’s passing in October 2021, the Court continued addressing the case, focusing on outlining timelines for various stages of organ transplantation.
The Central government proposed a seven-working-day deadline for the Authorisation Committee to decide after receiving all documents. The petitioners highlighted the absence of timelines for the committee’s interviews, leading to delays. Referring to Rule 7 of the 2014 Rules, the petitioner emphasized that indefinite adjournments cause prolonged suffering for patients.
The Court recognized the urgency in organ donation approvals under the Transplantation of Human Organs and Tissues Act, 1994. It observed that the failure to adhere to timelines resulted in unjustified waiting periods of two to three years, contradicting the Act’s intent.
Consequently, the Court proposed specific timelines for document completion, scheduling interviews by the Authorisation Committee, and the appeal process to streamline the process and minimize delays in organ donation approvals.