the Delhi High Court has allowed a minor son to donate a portion of his liver to his father suffering from life-threatening chronic liver disease, after due approval from the Lieutenant Governor and the Appropriate Authority.
Background of the Case
The petitioner, Master Pratik Shaw (born 13.09.2008, aged about 17 years 9 months), approached the Court through his mother and natural guardian, Smt. Vandana Shaw. He sought permission under Section 9(1B) of the Transplantation of Human Organs and Tissues Act, 1994 (THO Act) and Rule 5(3)(g) of the THO Rules, 2014, to donate part of his liver to his father, Mr. Uttam Kumar Shaw.
The father is suffering from advanced chronic liver disease with cirrhosis, portal hypertension, mild ascites, and hepatocellular carcinoma (liver cell carcinoma) at the Institute of Liver and Biliary Sciences (ILBS), Vasant Kunj, New Delhi. Liver transplantation was advised as the only lifesaving treatment.
Key Issues
- Whether a minor can be permitted to donate a living organ under the THO Act and Rules.
- Existence of exceptional medical grounds justifying such donation.
- Availability of other suitable donors and the minor’s willingness.
High Court’s Analysis and Ruling
Justice Mini Pushkarna (Vacation Judge) allowed the writ petition on 29 June 2026.
The Court noted that Rule 5(3)(g) of the THO Rules prohibits living organ donation by minors except on exceptional medical grounds, to be recorded in detail with prior approval of the Appropriate Authority and the State Government.
Key findings:
- The petitioner’s father is in a life-threatening, time-sensitive condition.
- The petitioner, being the biological son, is the only medically suitable and compatible living donor available from near relatives.
- No other suitable donor exists.
- The minor petitioner is physically fit and has expressed willingness to donate out of natural love and affection, without any commercial or coercive element.
- The GNCTD submitted a letter dated 29 June 2026 conveying approval of the Lieutenant Governor and the Appropriate Authority under the THO Act/Rules.
- The petitioner qualifies as a “near relative” under Section 2(i) of the THO Act.
The Court observed that there is no absolute bar on minors donating organs in exceptional circumstances. Similar permissions have been granted by the Court in earlier cases.
Directions:
- Permission granted to the minor petitioner to donate a portion of his liver to his father.
- The procedure shall be carried out at ILBS in full compliance with all legal, ethical, and clinical protocols to ensure the minor’s safety.
- The hospital was directed to expeditiously fix the date for the operation.
The writ petition was disposed of accordingly.
Key Takeaways
- Living organ donation by minors is permissible only in exceptional medical grounds with rigorous safeguards and high-level approvals (Appropriate Authority + State Government).
- Filial affection and the absence of any commercial motive are important considerations.
- When a minor is the only compatible donor and the recipient’s life is at stake, courts may exercise discretion under Article 226 to save life.
- Timely judicial intervention can facilitate urgent life-saving medical procedures.
Case Details
Case Name: Pratik Shaw Minor through his Mother and Natural Guardian Smt. Vandana Shaw v. Union of India & Ors.
Citation: W.P.(C) 4045/2026
Court: High Court of Delhi
Coram: Hon’ble Ms. Justice Mini Pushkarna (Vacation Judge)
Date of Judgment: 29 June 2026
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