Pratik Shaw Minor Through His Mother And Natural Guardian Smt Vandana Shaw vs Union Of India & Anr.

Court
Delhi High Court

$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of Decision: 29 June, 2026
+ W.P.(C) 4045/2026
PRATIK SHAW MINOR THROUGH HIS MOTHER AND
NATURAL GUARDIAN SMT VANDANA SHAW .....Petitioner

Through: Mr. Utkarsh Singh, Adv. (Through
VC)

versus

UNION OF INDIA & ORS. .....Respondents

Through: Mr. Siddhartha Panda, Adv for R-2
(ICBS), mobile no. 9891488088, e-
mail-
[email protected] .

Mr. Dhananjai Rana (CGHS) for R-1.
Ms. Avni Singh, Panel Counsel for
GNCTD & Mr. Vaibhav Sharma,
Adv.


CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA

MINI PUSHKARNA, J (ORAL) :

1. The present petition has been filed seeking issuance of directions to
respondent nos. 1 and 2 to grant necessary permission under Section 9 (1B)
of the Transplantation of Human Organs and Tissues Act, 1994 ( “THO Act” )
Signature Not Verified
Digitally Signed
By:HARIOM SHARMA
Signing Date:29.06.2026
21:59:49
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and Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules,
2014 ( “THO Rules” ) to the petitioner, who is a minor, to donate a part of his
liver to his ailing father, i.e., Mr. Uttam Kumar Shaw, in view of the
exceptional medical grounds as mentioned in the petition.
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2. This Court notes that the petitioner was born on 13 September, 2008,
and is a minor, aged about 17 years 6 months at the time of filing of the present
petition.
3. The minor petitioner has approached this Court through his mother and
natural guardian, Mrs. Vandana Shaw, and is willing to donate a portion of
his liver to save the life of his father, who is undergoing treatment for chronic
liver disease with cirrhosis, portal hypertension, mild ascites and liver cell
carcinoma (hepatocellular carcinoma) at respondent no. 2 – Institute, i.e.,
Liver and Biliary Sciences ( “ILBS” ), Vasant Kunj, New Delhi.
4. Today, learned counsel appearing for the Government of NCT of Delhi
( “GNCTD” ), i.e., respondent no. 3 has handed over to this Court a letter dated
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29 June, 2026, which records approval of the Lieutenant Governor of Delhi
and the appropriate authority to permit the petitioner herein for donating part
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of his liver to his father. The said permission letter dated 29 June, 2026 reads
as under:
“ xxx xxx xxx
Signature Not Verified
Digitally Signed
By:HARIOM SHARMA
Signing Date:29.06.2026
21:59:49
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xxx xxx xxx”

5. This Court notes that as per Rule 5(3)(g) of the THO Rules, donation
of living organs or tissues by minors shall not be permitted except on
exceptional medical grounds. The said Rule reads as under:
“xxx xxx xxx

5. Duties of the registered medical practitioner.—
xxx xxx xxx
(3) The registered medical practitioner shall, before removing any
Signature Not Verified
Digitally Signed
By:HARIOM SHARMA
Signing Date:29.06.2026
21:59:49
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human organ or tissue from a living donor, shall satisfy himself –
(a) that the donor has been explained of all possible side effects,
hazards and complications and that the donor has given his or her
authorisation in appropriate Form 1 for near relative donor or Form 2
for spousal donor or Form 3 for donor other than near relative;
(b) that the physical and mental evaluation of the donor has been done,
he or she is in proper state of health and it has been certified that he or
she is not mentally challenged and that he or she is fit to donate the
organ or tissue: Provided that in case of doubt regarding mentally
challenged status of the donor the registered medical practitioner may
get the donor examined by a psychiatrist and the registered medical
practitioner shall sign the certificate as prescribed in Form 4 for this
purpose;
(c) that the donor is a near relative of the recipient, as certified in Form
5, and that he or she has submitted an application in Form 11 jointly
with the recipient and that the proposed donation has been approved
by the competent authority as defined at rule 2(c) and specified in Form
19 and that the necessary documents as prescribed and medical tests,
as required, to determine the factum of near relationship, have been
examined to the satisfaction of the registered medical practitioner and
the competent authority;
(d) that in case the recipient is spouse of the donor, the donor has given
a statement to the effect that they are so related by signing a certificate
in Form 2 and has submitted an application in Form 11 jointly with the
recipient and that the proposed donation has been approved by the
competent authority under the provisions of sub-rule (2) of rule 7;
(e) that in case of a donor who is other than a near relative and has
signed Form 3 and submitted an application in Form 11 jointly with the
recipient, the permission from the Authorisation Committee for the said
donation has been obtained;
(f) that if a donor or recipient is a foreign national, the approval of the
Authorisation Committee for the said donation has been obtained;
(g) living organ or tissue donation by minors shall not be permitted
except on exceptional medical grounds to be recorded in detail with
full justification and with prior approval of the Appropriate Authority
and the State Government concerned.

xxx xxx xxx”

(Emphasis Supplied)
Signature Not Verified
Digitally Signed
By:HARIOM SHARMA
Signing Date:29.06.2026
21:59:49
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6. Thus, it is apparent that only in exceptional medical circumstances, a
minor can be permitted to donate live tissues and organs. While there is no
absolute statutory bar for donation of living organ by a minor, adherence to
statutory framework, i.e., the conditions as stipulated in the THO Act as well
as THO Rules, which regulate the donation of living organs and tissues by
minors, have to be rigorously met.
7. This Court notes that the father of the petitioner is suffering from
advanced chronic liver disease, with hepatocellular carcinoma. This Court is
informed that the recipient’s condition is life threating and time sensitive, and
in view of the medical condition of the father of the petitioner, he has been
advised liver transplantation by the respondent no. 2 – Hospital, as the only
viable and lifesaving treatment.
8. The suitable living donors from among near relatives and family
members of Mr. Uttam Kumar Shaw have been evaluated. The petitioner
being the biological son, has been found to be the only suitable donor
available. No other medically suitable relative donor is available.
9. This Court notes that the petitioner falls within the definition of “ near
relative ” under Section 2(i) of the THO Act, being the son of Mr. Uttam
Kumar Shaw.
10. This Court is informed that the petitioner, though a minor, is physically
fit and he is willing to donate a portion of his liver to his father, out of his own
volition, natural love and affection.
11. Since the petitioner, i.e., the minor son of the recipient is the only
compatible donor, and he is willing to donate a part of his liver to his ailing
father, purely out of filial obligation, without any commercial or coercive
Signature Not Verified
Digitally Signed
By:HARIOM SHARMA
Signing Date:29.06.2026
21:59:49
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element, this Court finds no impediment in allowing the present petition. It is
to be noted that similar orders have been passed by this Court on earlier
occasions as well, after considering the facts and circumstances of the
respective cases.
12. Considering the medical condition of the father of the petitioner, as also
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the permission granted by way of letter dated 29 June, 2026 issued by the
Ministry of Health and Family Welfare Department, containing the approval
of the appropriate authority as well as the Lieutenant Governor, GNCTD, this
Court is of the view that the balance of convenience and equities, in the
present case, overwhelmingly lie in favour of permitting the proposed liver
donation and transplantation. In case, this Court denies such permission, it
may lead to loss of life of the petitioner’s father.
13. Accordingly, in view of the submissions made before this Court, this
Court deems it fit to exercise its discretion under Article 226 of the
Constitution of India, 1950 in the present case, and allow the petitioner to
donate a part of his liver to his father.
14. This Court is informed by the learned counsel appearing for respondent
no. 2 - Hospital, i.e., ILBS, Vasant Kunj, New Delhi, that the hospital was
awaiting the order of this Court and shall now expeditiously fix a date for the
operation.
15. Accordingly, it is directed that the procedure upon the petitioner, i.e.,
minor son, shall be carried out properly, in compliance with all legal, ethical
and clinical protocols, in order to ensure the health and safety of the minor
petitioner.
16. With the aforesaid directions, the present writ petition is accordingly
Signature Not Verified
Digitally Signed
By:HARIOM SHARMA
Signing Date:29.06.2026
21:59:49
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allowed and disposed of.




MINI PUSHKARNA, J
(VACATION JUDGE)

JUNE 29, 2026/ da




Signature Not Verified
Digitally Signed
By:HARIOM SHARMA
Signing Date:29.06.2026
21:59:49
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