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Hospital to decide minor daughter’s request of donating organs to her ailing father: Bombay High Court

The decision that it is upon the hospital to decide if a minor daughter could donate organs to her ailing father within two days is upheld by the High Court of Bombay through the learned bench led by HONOURABLE SMT. JUSTICE REVATI MOHITE DERE & HONOURABLE MR. JUSTICE MADHAV J. JAMDAR, in the case of Riya Sagar Biyani (Being a Minor suing through Next of Friend) Bharati Sagar Biyani versus The State of Maharashtra and Anr.( WRIT PETITION NO.5685 OF 2022).

Brief facts of the case are that the petitioner is a minor, aged 16 years 2 months and 13 days. Since she is a minor, the present petition is filed by her mother Bharati Sagar Biyani. The father of the petitioner, Sagar Biyani is ailing and is in urgent need of a liver transplant. The father of the petitioner, Sagar Biyani is diagnosed with ‘Liver Cirrhosis Decompensated’. After rigorous evaluation of all the close relatives, who could be potential donors, no one is found to be a medically suitable potential donor except for the petitioner, Riya Sagar Biyani, who is a minor. Apart from the petitioner, family is unable to find any other suitable donor, in order to save the life of the petitioner’s father. Even though the petitioner is willing to donate, she, being a minor is unable to do so, without approval of the State Government or the appropriate authority.

The counsel for the Petitioner, Mr. Tapan Thatte contended that the petitioner had filed an application for the same on 25th April 2022 but did not receive any response. The counsel for the Respondent, Mr. P. P. Kakade stated that if the petitioner is able to submit all the necessary documents required for the transplant, then her previous application, which she had filed on 25th April 2022 could be considered.

The Hon’ble Court, after hearing both the sides, requested the said application to be decided as early as possible, on or before 4th May 2022, considering the grave condition of the petitioner’s father. With this the court put off the matter to 4th May 2022, 5:30 p.m.

JUDGEMENT REVIEWED BY- ATIVA GOSWAMI

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