Delhi High Court Sets Ideal Timeline for Organ Transplants, Urges Timely Processing

Introduction:

• The Delhi High Court recently issued a significant judgment emphasizing the need for adherence to timelines in the organ transplant process. The court highlighted the case of a petitioner who tragically passed away while awaiting permission for a kidney transplant. This decision aims to address the delays that can cause distress to donors, recipients, and their families, emphasizing the importance of following the Transplantation of Human Organs and Tissues Act, 1994, and Rules, 2014.

The Case Before the Delhi High Court:

• The judgment stemmed from a plea filed by a retired Indian Air Force officer diagnosed with kidney failure in 2017. Despite recommendations for a renal transplant from two hospitals by 2019, his application was rejected by the Army Hospital due to the unavailability of a “near relative” donor. The petitioner’s subsequent approaches to the High Court seeking approval faced delays, ultimately leading to his passing in 2021.

Key Provisions of the 1994 Act:

• The Transplantation of Human Organs and Tissues Act, 1994, governs organ transplantation in India, encompassing regulations for healthcare providers, hospitals, and penalties for violations. The Act allows for both deceased and living organ donations, specifying rules for close relatives and additional scrutiny for distant relations or non-relatives. The Authorisation Committee plays a pivotal role in overseeing and approving transplant procedures involving non-relatives, ensuring ethical compliance.

Role of the Authorisation Committee:

• The Authorisation Committee, as defined by Section 9(4) of the Act, conducts a thorough inquiry, verifying the authenticity of donors and recipients to prevent commercial motives. The absence of timelines in conducting pre-transplantation interviews led to delays, prompting the Delhi High Court to stress the need for fixed timelines, particularly in Rule 21 and Rule 23.

Delhi High Court’s Decision:

• Despite the petitioner’s demise, the court proceeded with the case, noting the absence of timelines for pre-transplantation interviews. The judgment advocated for a structured approach, suggesting that the Committee schedule interviews within 2 weeks of receiving an application, ideally completing the entire process within 6-8 weeks. The court’s decision underscores the urgency reflected in the rules and aims to prevent extended waiting periods, aligning with the spirit of the 1994 Act and the 2014 Rules.

Conclusion:

• The Delhi High Court’s recent decision brings attention to the critical need for timely processing in the organ transplant approval process. By prescribing an ideal timeline of 6-8 weeks, the court aims to alleviate the mental and physical anguish faced by donors, recipients, and their families, emphasizing the importance of adhering to the legal framework governing organ transplantation in India.