Case Title: AMAR SINGH BHATIA & ANR. V. Sir Ganga Ram Hospital &Ors.
Case No: W.P.(C) 3590/2020 & CM APPL. 12775/2020
Decided on: 4 January, 2024
CORAM: Justice Prathiba M. Singh
Facts of the Case
The petitioner in this case faced a critical health condition, having been diagnosed with end-stage chronic kidney disease necessitating a kidney transplant. With a strong familial support system, the petitioner’s son willingly offered to donate his kidney, prompting the submission of the required applications to the Authorization Committee for Organ Transplantation. Unfortunately, the Committee’s failure to deliver a decision within the specified time frame proved devastating, as the petitioner tragically succumbed to the condition while awaiting the crucial approval. This case underscores the urgency and importance of timely decisions in matters of organ transplantation. The petitioner’s son’s altruistic gesture was thwarted by the Committee’s delay, leading to the petitioner’s untimely demise. The legal and ethical implications of such delays in the organ donation process are significant and warrant careful consideration, emphasizing the need for a more efficient and streamlined approach to ensure timely access to life-saving treatments.
Legal Provisions
The case focused on the implementation of the Transplantation of Human Organs and Tissues Act, 1994, and the Transplantation of Human Organs and Tissues Rules, 2014. The Act provides for the regulation of removal, storage, and transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues. The Rules provide guidelines for the functioning of the Authorization Committee and the transplantation process.
Issues
The principal contention in the case pertained to the lacuna in temporal directives within Rules 21 and 23 of the 2014 Rules governing pre-transplantation interviews by the Authorization Committee. This deficiency resulted in protracted decision-making processes. The case underscored the pivotal role of the Authorization Committee in the realm of organ transplantation and underscored the imperative of prompt adjudicative actions.
Courts Analysis and Decision
In its pronounced decision, the court underscored the pivotal role ascribed to the Authorization Committee within the framework of organ transplantation, emphasizing the imperative of prompt decision-making. A notable lacuna identified pertained to the absence of stipulated timelines within Rules 21 and 23 of the 2014 Rules governing the pre-transplantation interview process conducted by the Authorization Committee, leading to substantial delays in adjudication. The court further delved into the repercussions of the COVID-19 pandemic on organ transplantation protocols, specifically advocating for adaptive measures such as the utilization of video conferencing for conducting requisite interviews. The court issued a directive mandating Sir Ganga Ram Hospital and the Authorization Committee to communicate a revised meeting date, ensuring the petitioners receive a minimum of one week’s notice. The judgment underscored the paramount importance of expeditious decision-making by the Authorization Committee, emphasizing adherence to a stringent timeline reflective of critical medical considerations inherent in organ transplant procedures.
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Written by- Komal Goswami
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