The Delhi High Court has approved the timeline for the disposal of applications for organ transplantation. This decision stemmed from a plea filed by a retired Indian Air Force officer diagnosed with kidney failure in March 2017.
Background and Initial Orders
Previously, a comprehensive order was issued on January 4, 2024, urging the government to establish timelines for organ and tissue transplantation procedures. These proposed timelines were subsequently submitted to the court on May 20, 2024.
Importance on Documented Communication
A Bench led by Justice Prathiba M Singh highlighted the importance of documented communication. She clarified that any communication regarding deficiencies in documentation or procedural formalities must be sent by email or via WhatsApp to the donor, recipient, or their close relatives. This ensures there is proof of communication. Justice Singh stated, “With this modification, let the timelines as contained in communication dated 3rd May, 2024 be implemented by all the Authorization Committees, which function under the Transplantation of Human Organs and Tissues Act, 1994.”
Court Directives and Compliance
Advocate Charu Aneja represented the petitioners, while Advocate Saroj Bidawat appeared for the respondents. The court directed all authorization committees established under the Transplantation of Human Organs and Tissues Act, 1994, to adhere to the timelines set by the Ministry of Health and Family Welfare. These timelines cover processing applications, document verification, and scheduling interviews for organ and tissue transplantations.
Ensuring Awareness and Compliance
The court emphasized the need for widespread awareness of these timelines and the court orders to ensure compliance by all stakeholders, including hospitals and governmental authorities. The court reiterated, “Let adequate publicity be given to the timelines and this order, so that there is proper compliance by all concerned stakeholders including hospitals and governmental authorities.”
Case Details: Amar Singh Bhatia & Anr. v. Sir Ganga Ram Hospital & Ors. [2024: DHC:4132]