Delhi HC orders improved communication for incomplete organ donation documents, requiring immediate email or WhatsApp notification to donors and recipients, ensuring documented interaction.
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NEW DELHI: Recently, The Delhi High Court has issued a directive to enhance communication protocols when documentation submitted for organ donation is found to be incomplete. The ruling, delivered by Justice Prathiba M Singh, stipulates the immediate notification of both donors and recipients, or their close relatives, through modern communication means such as email and WhatsApp, ensuring there is proof of such interaction.
This decision emanates from a case involving a retired Indian Air Force officer who has been grappling with kidney failure since March 2017. The need for clear and timely communication became a focal point of this case, highlighting the critical nature of efficient documentation handling in the organ donation process.
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Justice Singh’s ruling from May 20 specifies that-
“It is clarified that in cases where communication is necessary regarding documentation deficiencies or procedural requirements for donors or recipients, communication will be sent via email or WhatsApp to the donor, recipient, or their close relatives. This ensures documented communication.”
In addition to addressing communication issues, the Court has directed all authorization committees established under the Human Organs and Tissues Act, 1994, to adhere to the timelines proposed by the Ministry of Health and Family Welfare. These timelines pertain to the processing of applications, verification or completion of documents, and scheduling interviews for organ and tissue transplantations.
The necessity for these directives was accentuated by an earlier detailed order issued by Justice Singh on January 4, 2024, which instructed the government to formulate precise timelines for organ and tissue transplantation processes. The timelines, which were presented to the Court on May 20, are part of a broader effort to ensure compliance and awareness among all stakeholders, including hospitals and government authorities.
The Court underscored the importance of publicizing these timelines and the judicial orders related to them to guarantee their widespread adherence.
The legal representatives in this case included Advocate Charu Aneja, who appeared for the petitioner, Amar Singh Bhatia.
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The Union of India was represented by Advocate Saroj Bidawat. The Delhi government’s stance was presented through its Additional Standing Counsel Rishikesh Kumar, along with advocates Sheenu Priya, Atik Gill, and Sudeep Kumar Shukla.
CASE TITLE:
Amar Singh Bhatia & Anr v Sir Ganga Ram Hospital & Ors.
