Minor UP boy wants to donate the organ to save his Father’s life, Files plea in SC.

Minor UP boy wants to donate the organ to save his Father’s life, Files plea in SC.

A 17-year-old boy from UP filed a writ petition on Friday 9th September 2022 in Supreme Court seeking permission to donate his liver to his critically ill father. [Parthsarthi Bajaj vs Health Secretary and anr].

The matter was urgently mentioned before the bench led by the Chief Justice of India Uday Umesh Lalit with Justices S Ravindra Bhat and PS Narasimha.

In the instant case, the counsel appearing for the minor told the bench that his father was in a critical condition and the only way to save his life is through organ donation and the son is willing to do.

The bench noted that the legal issue arose as according to the Transplantation of Human Organs and Tissues Act 1994, an organ donor has to be a major.

The Supreme Court sought a response from the Uttar Pradesh government. 

Considering the urgency, we issue notice returnable on Monday, the 12th September, 2022. In addition, Liberty to serve the learned standing counsel for the State is granted. The Registry shall independently send an appropriate communication to the learned standing counsel as well as the Health Secretary, Uttar Pradesh Government, Lucknow,” the Court said.

The Court also noted that the family had written to the Health Secretary of the Uttar Pradesh government in this regard, and filed the instant plea through advocate Seshatalpa Sai Bandaru on Thursday.

The bench directed that a responsible officer from the Health Department for the State of Uttar Pradesh should remain present on Monday, the 12th of September 2022.

In the meantime, the top court has directed the petitioner may present himself before the concerned hospital, which may do preliminary tests on whether he can be a donor and whether the donation of an organ, in this case, would otherwise be feasible and permissible.

The matter shall be dealt with finally on September 12, 2022.

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