On Thursday, the Delhi High Court set deadlines for the authorization committee to interview potential donors and make decisions regarding organ transplant cases following the Transplantation of Human Organs and Tissues Rules, 2014.

“An organized and timely transplantation decision-making process” as envisaged by the Transplantation of Human Organs and Tissues Act and the 2014 Rules would be “nullified if timelines are not prescribed for various steps,” a single-judge bench of Justice Prathiba Singh declared.

Judge Singh concluded that, in light of the crucial significance of pre-transplantation interviews, deadlines under the 2014 Rules needed to be established. By notification, the state government or Union Territories shall establish one or more authorization committees under the Act. These committees shall be composed of members who may be nominated by the state government or Union Territories under the terms and conditions outlined in the notification.

“Such a time-bound strategy is essential to preserving the efficacy and integrity of organ transplantation protocols. Additionally, this would support Article 21 of the Constitution’s Right to Health. The high court emphasized that internal timelines must still be adjusted to guarantee the authorization committee’s systematic operation, even though the committee’s satisfaction is vitally important to this process.

It further stated that the application for living donor transplantation must be processed within a maximum of 10 days of the date of the application. Within a maximum of 14 days, the documents about the recipient’s and donor’s domicile status must be verified. The court further stated that any chance provided to the donor or recipient to finish the necessary paperwork must be informed to them within the time frame specified by the Rules.

Justice Singh added that the interview ought to be set up in two weeks following the receipt of the application, which should take four to six weeks. It further stated that the committee was to interview the donor and recipient one or two times during these two weeks, arrange for a meeting of the donor and recipient’s families, and communicate the decision.

The court stated, “Ideally, the entire process—from submission to decision—ought not to exceed six to eight weeks.”

The intent, as well as the letter and spirit of the 1994 Act and the 2014 Rules, are all at odds with the prolonged waiting periods of two to three years that have been experienced in certain cases due to non-compliance with timelines. Such protracted wait times can result in severe psychological and physical distress for the recipient and donor, as well as their families. Consequently, the court stated that for the donor/recipient and their respective families to continue with the decision-making process, there must be clear and timely communication regarding the application, whether it be oral or written.

The high court noted in its 42-page ruling that pre-transplant interviews are essential because the authorization committee needs to make sure the donor is not doing this organ donation for financial gain. The court did state that the interview and documentation process must be completed in a “time-bound manner,” failing which the process’s intended outcome may be compromised.

Making decisions quickly is important for both the donor and the recipient, as well as for their families. In actuality, the procedure’s complexity tends to discourage organ donation, which would also be counterproductive to the Act’s intended goal of promoting societal harmony. The high court emphasized that the Act and Rules are meant to regulate organ donation rather than to discourage it.

To guarantee that deadlines under the 1994 Act and 2014 Rules are prescribed for all the steps in the process of considering applications for organ donation, the court called for the judgment to be placed before the Secretary, Ministry of Health and Family Welfare, following consultation with the pertinent stakeholders.

In 2020, a kidney patient filed a plea with the high court, requesting that Sir Ganga Ram Hospital perform a kidney transplant and that the authorization committee provide the required approval. In 2021, the patient had passed away.