Delhi HC mandates notification via WhatsApp, email for organ transplant documentation

New Delhi, May 22,2024:  In a move to enhance communication and efficiency in the organ transplantation process, the Delhi High Court has ordered that donors and recipients must be informed of any deficiencies in their documentation via WhatsApp or email.

This decision aims to streamline the notification process and ensure timely communication.

Justice Prathiba M Singh stressed the importance of having proof of communication in such sensitive matters.

“Whenever communication needs to be given to either the donor or the recipient regarding deficiencies in documentation or any procedural formalities, a communication shall be sent by email or to the mobile number via WhatsApp to the said donor or the recipient or any of their close relatives,” stated Justice Singh.

The court’s directive came while hearing a plea from a kidney patient in 2020, who had faced delays and indecision from Sir Ganga Ram Hospital regarding his kidney transplant.

Unfortunately, the patient passed away in March-April 2021, highlighting the critical need for timely action in such cases.

Earlier this year, the court reviewed the provisions of the Transplantation of Human Organs and Tissues Act, 1994, and underscored the necessity for fixed timelines to handle transplantation applications efficiently.

The court noted that these specific timelines are now established for the Authorisation Committee’s procedures.

“With this modification, let the timelines as contained in communication dated May 3, 2024 be implemented by all the Authorisation Committees, which function under the Transplantation of Human Organs and Tissues Act, 1994,” the court ordered.

The court also mandated that these timelines and the latest order be widely publicised to ensure compliance from hospitals and government authorities.

In its judgment dated January 4, the court had observed that maintaining a time-bound approach is essential for the integrity and effectiveness of organ transplantation protocols.

This approach aligns with the right to health under Article 21 of the Constitution, reinforcing the need for prompt and systematic handling of transplantation cases.


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