The Delhi High Court said on Thursday a time-bound approach is crucial for the integrity and effectiveness of organ transplantation protocols and for the furtherance of Right to Health under the Constitution as it asked the Centre to take steps to streamline the process after consultation with stakeholders.
Justice Prathiba M Singh said the processing of applications, verification of documents, completion of documentation as well as interviews by the authorisation committee before organ donation must be done in a timely manner to ensure that the purpose of the transplantation process itself is not defeated.
“The entire process, from submission to decision, ought not to ideally exceed 6 to 8 weeks,” the court said.
The court observed that non-adherence to timelines has resulted in extended waiting periods of 2 to 3 years in some cases before a decision is made, which not only goes against the letter and spirit of the Transplantation of Human Organs and Tissues Act and its rules, but also causes significant mental and physical anguish for both the donor and the recipient and their families.
“Such a time-bound approach is crucial to maintain the integrity and effectiveness of organ transplantation protocols. This would also be in furtherance of the right to health under Article 21 of the Constitution,” the court stated.
“Let the present judgment be placed before the Secretary, Ministry of Health and Family Welfare so as to ensure that timelines under the 1994 Act and 2014 Rules are prescribed for all the steps in the process of consideration of applications for organ donation, after consultation with the relevant stakeholders,” it ordered.
The court passed the order on a petition by a person seeking a direction to the authorities to grant the necessary approvals for his renal transplant on account of his end-stage chronic kidney disease. The petitioner passed away during the pendency of the formalities.
In her order, Justice Singh said an application for organ donation ought to be considered within 10 days and the documents must be verified within 14 days.
The court said the donor or recipient should be given a maximum of one week to respond to an opportunity to complete the documentation and strict deadlines must be followed if additional time is given.
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After 4 to 6 weeks of receiving the application, the interview ought to be scheduled within a 2-week period, during which the authorisation committee must conduct the interview of the donor and the recipient on one or two occasions. The committee should facilitate a meeting of the families of both the donor and the recipient and also convey its decision.
It added that any appeal against the decision should be decided within
a maximum of 30 days.
The court said an organised and timely decision making process with respect to transplantation, which is contemplated under the law, will be nullified if timelines are not prescribed for these steps.
“Quick decision making is crucial not just for the donor or the recipient, but also for their respective families. The complex nature of the process, in fact, tends to deter organ donation which would also not be in the overall interest of the society as a whole, in terms of the object sought to be achieved by the Act. The intention of the Act and Rules is to regulate organ donation and not to completely dissuade the same,” the court said.
