Minor boy moves Supreme Court for permission to donate liver to save his father; Court seeks UP government's response

The Supreme Court on Friday last week sought the response of the Uttar Pradesh Health Secretary on a plea filed by a minor boy seeking permission to donate his liver to save his father's life [Parthsarthi Bajaj vs Health Secretary and anr]..The Transplantation of Human Organs Act only allows adults and deceased minors to donate organs.However, Courts have allowed leeway in the process under exceptional circumstances.The matter was mentioned before a Bench of Chief Justice of India Uday Umesh Lalit with Justices S Ravindra Bhat and PS Narasimha for urgent listing.The Court took it on the board and heard it before issuing notice to State of UP. .In the instant case, counsel for the petitioner submitted that the boy's father is in critical condition, and the only way to save his life is through liver donation, with the son is willing to do. "However, in terms of the statute governing the issue, the donor has to be a major," the Court noted. The family had on Tuesday written to the Health Secretary of the Uttar Pradesh (UP) government in this regard, and filed the instant plea through advocate Seshatalpa Sai Bandaru on Thursday."Considering the urgency, we issue notice returnable on Monday, the 12th September, 2022. Dasti, in addition, is permitted. 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 matter will be considered on September 12, Monday for final disposal, with the Bench asking a 'responsible officer' of the UP Health Department to be present in Court on that date.The Bench also stated that the petitioner may have preliminary medical tests conducted on him in the meantime, to find out whether organ donation would be feasible. .Advocates Bhushan M Oza, Abhimanyu Kumar, and Sushant Dogra represented the petitioner. [Read Order]