While permitting the organ donation, the Court also noted that the Transplantation of Human Organs and Tissues Rules, 2014 do not explain what are the “exceptional medical grounds” on which a minor can donate organs or tissues.
This could lead to arbitrariness while granting or rejecting permission for such donations, the Court observed.
Justice Prasad, therefore, ordered the Union Ministry of Health and Family Welfare to lay down guidelines indicating the exceptional medical grounds on which organ donation by minors could be permitted, so that such guidelines may be adopted throughout the country.
The guidelines have to be framed in two months.
“Guidelines have to be laid down indicating the nature of exceptional medical grounds which can be adopted throughout the country by the appropriate authority and the State Governments. Respondent No.1 is directed to frame the guidelines under Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 for the guidance of the appropriate authority and the State Governments while considering an application regarding permitting tissue donations by minors. The guidelines be framed within a period of two months from today,” the Court ordered.
Source: Barandbench
