PRATIK SHAW MINOR THROUGH HIS MOTHER AND NATURAL GUARDIAN SMT VANDANA SHAW vs UNION OF INDIA & ANR.

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th June, 2026 + W.P.(C) 4045/2026 PRATIK SHAW MINOR THROUGH HIS MOTHER AND NATURAL GUARDIAN SMT VANDANA SHAW .....Petitioner Through: Mr. Utkarsh Singh, Adv. (Through VC) versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Siddhartha Panda, Adv for R-2 (ICBS), mobile no. 9891488088, e- mail- [email protected]. Mr. Dhananjai Rana (CGHS) for R-1. Ms. Avni Singh, Panel Counsel for GNCTD & Mr. Vaibhav Sharma, Adv. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): 1. The present petition has been filed seeking issuance of directions to respondent nos. 1 and 2 to grant necessary permission under Section 9 (1B) of the Transplantation of Human Organs and Tissues Act, 1994 (“THO Act”) Signature Not Verified Digitally Signed Page 1 of 7 By:HARIOM SHARMA Signing Date:29.06.2026 21:59:49 and Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014 (“THO Rules”) to the petitioner, who is a minor, to donate a part of his liver to his ailing father, i.e., Mr. Uttam Kumar Shaw, in view of the exceptional medical grounds as mentioned in the petition. 2. This Court notes that the petitioner was born on 13th September, 2008, and is a minor, aged about 17 years 6 months at the time of filing of the present petition. 3. The minor petitioner has approached this Court through his mother and natural guardian, Mrs. Vandana Shaw, and is willing to donate a portion of his liver to save the life of his father, who is undergoing treatment for chronic liver disease with cirrhosis, portal hypertension, mild ascites and liver cell carcinoma (hepatocellular carcinoma) at respondent no. 2 – Institute, i.e., Liver and Biliary Sciences (“ILBS”), Vasant Kunj, New Delhi. 4. Today, lear