In a significant ruling by the Delhi High Court, specific timelines have been established for the Authorization Committees in transplantation cases. This landmark decision aims to enhance efficiency and expedite the decision-making process for organ donation. The judgment will have far-reaching implications for ensuring prompt action in cases involving organ transplantation.
Facts
- Proper timelines are to be fixed for timely-disposal of applications received by patients for transplantation.
- An organized and timely transplantation decision-making process is crucial as per THOTA and 2014 Rules.
- Timelines must be prescribed for various steps to uphold the transplantation decision-making process.
- Failure to prescribe timelines would nullify the intended process outlined in the 1994 Act and 2014 Rules.
Analysis
- The Court emphasizes the importance of adhering to timelines in the organ donation process.
- Timelines have been insufficient and led to extended waiting periods of 2 to 3 years in some cases.
- Specific timelines have now been fixed for most steps taken by the Authorization Committee.
- Steps such as processing applications and verifying documents should be completed within set timeframes.
- The communication issued regarding timelines was found to dilute the timelines set in the 2014 Rules.
Decision
- Implementation of timelines provided in a communication dated 3rd May, 2024 by all Authorization Committees
- Adequate publicity to be given to stakeholders including hospitals and governmental authorities
- Communication regarding deficiencies in documentation or procedural formalities to be sent via email or WhatsApp ensuring proof of communication
- Maximum one week to respond to communication for donor or recipient
- Cases to be presented to Authorization Committee upon expiry of response timeline
Case Title: AMAR SINGH BHATIA & ANR. Vs. SIR GANGA RAM HOSPITAL & ORS. (2024:DHC:4132)
Case Number: W.P.(C)-3590/2020
