The Delhi High Court in the case Amar Singh Bhatia & Anr. v. Sir Ganga Ram Hospital And Ors observed and has asked the Union Government to inform it about the reasonable period which is to be followed by Hospitals and Authorisation Committee for holding interviews and also to convey the decisions to the applicants wherein seeking organ transplantation under the Transplantation of Human Organs and Tissues Rules, 2014.
The bench headed by Justice Prathiba M Singh was hearing the matter wherein the petition is moved by a man seeking the organ donation, and also for challenging the delay caused on the part of Ganga Ram Hospital for taking a decision on the kidney transplant as it is required by him. Although the plea was moved in 2020 and the man died during the COVID-19 pandemic in 2021.
Therefore, the issue raised in the plea filed is that there being no prescribed timelines for holding the interview by the Authorisation Committee under Rules, once it has submitted the requisite documentation.
The court observed that it has been stated under Rule 23(1) that the Authorisation Committee should state in writing its reason for rejecting or for approving the application of the proposed living donor.
Further, the court stated that it has been stated under Rule 23(4) that the decision should be displayed on the notice board of the hospital or Institution immediately, which includes the website, within 24 hours, thus, while keeping the identity hidden of the recipient and the donor.
The court in the case also noted that the 2014 Rules have been enacted by the Union Government as it is stated under Section 24 of the Transplantation of Human Organs & Tissues Act, THOTA, 1994, wherein it has been directed by the court that the Union Ministry of Health and Family Welfare to file an affidavit on the said issue.
The court in its order stated that if there being no timeless, for calling the interview, thus, the Respondent No. 3-Union of India shall also state in its affidavit as to what being the reasonable period that needs to be followed by the Hospitals, Authorisation Committees and for the screening process for holding the interviews and for conveying the decisions to the applicants as stated under the 2014 Rules.
Accordingly, the court listed the matter to be next heard on July 28, 2023.
The counsel, Advocate Charu Aneja appeared for petitioner.
The counsel, Advocate Subhash Kumar appeared for Ganga Ram Hospital.
The counsel, Advocate Saroj Bidawat represented the Union of India.
