The Delhi High Court establishes timelines for interviews and the decision-making process in organ transplant cases

Case: AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS.

Coram: Justice Prathiba M Singh

Case No.: W.P.(C) 3590/2020

Court Observation: “Every act that undermines human dignity amounts to a partial deprivation of the right to life. Such restrictions must align with a reasonable, fair, and just legal procedure that upholds other fundamental rights. To truly live is to live with dignity,”

“The non-adherence to timelines has resulted in extended waiting periods of 2 to 3 years in some cases before a decision is made, which contradicts the intent as also the letter and spirit of the 1994 Act and the 2014 Rules. Such prolonged delays can cause significant mental and physical anguish for both the donor and recipient as also their families,”

“The complex nature of the process, in fact, tend 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,”

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The Delhi High Court establishes