Minor Permitted to Donate Liver Organ on Exceptional Medical Grounds Under THO Rules 2014

In brief

The question

1. Whether a minor can be permitted to donate a living organ or tissue under the statutory framework of the Transplantation of Human Organs and Tissues Act, 1994, and its accompanying Rules

The court held

The Court answered the issues in the affirmative, exercising its discretion under Article 226 of the Constitution of India to allow the petition

It also directed

The holding permits the minor petitioner to donate part of his liver to his father

The Court directed respondent no. 2 (ILBS Hospital) to expeditiously fix a date for the operation and ordered that the procedure be carried out in strict compliance with legal, ethical, and clinical protocols to ensure the safety and health of the minor

The writ petition was disposed of with these directions

01Facts

The petitioner, a 17-year-old minor (born September 13, 2008), sought judicial permission to donate a portion of his liver to his father, Mr. Uttam Kumar Shaw

p. 2

The father suffers from advanced chronic liver disease, including cirrhosis and hepatocellular carcinoma, and was advised that a transplant is the only life-saving treatment

p. 2, 5

Medical evaluations of near relatives identified the petitioner as the only suitable and compatible donor

p. 5

The petitioner expressed willingness to donate out of filial affection without commercial element

p. 5

On June 29, 2026, the Lieutenant Governor of Delhi and the Appropriate Authority granted formal approval for the donation

p. 2

02Issues

i.1. Whether a minor can be permitted to donate a living organ or tissue under the statutory framework of the Transplantation of Human Organs and Tissues Act, 1994, and its accompanying Rules

pp. 1-2

ii.2. Whether the medical condition of the recipient and the lack of alternative donors constitute "exceptional medical grounds" to justify a minor's donation

pp. 5-6

03Law Applied

The court primarily applied Section 9(1B) of the Transplantation of Human Organs and Tissues Act (THO Act), 1994, and Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014

pp. 1-2

Rule 5(3)(g) stipulates that living organ donation by minors is prohibited except on "exceptional medical grounds," which must be recorded in detail with full justification and prior approval from the Appropriate Authority and State Government

p. 4

The donor must also meet the definition of a "near relative" under Section 2(i) of the THO Act

p. 5

Provisions in the judgment · 2 · Linked ones open on LawLens

Transplantation of Human Organs and Tissues Act, 1994 Section 2 Section 9

04Reasoning

The Court observed that while there is no absolute statutory bar against minor donors, the legal threshold of "exceptional medical grounds" must be rigorously satisfied

p. 4

In this instance, the Court found that the recipient’s condition was time-sensitive and life-threatening, making the transplant a "viable and lifesaving treatment"

p. 5

The fact that the petitioner was the only compatible biological donor among all near relatives supported the "exceptional" nature of the circumstances

p. 5

Furthermore, the Court relied on the fact that the Appropriate Authority and the Lieutenant Governor (GNCTD) had already granted their administrative approval via the letter dated June 29, 2026

p. 2, 6

The Court noted the absence of any coercive or commercial elements, concluding that the balance of equities heavily favored the donation, as denial would likely result in the loss of the father's life

pp. 5-6