Madhya Pradesh High Court Seeks Urgent Report from Hospital on Liver Transplant Petition

In a significant case highlighting the complexities of organ donation laws, the Indore bench of the Madhya Pradesh High Court has demanded an urgent report from a private hospital regarding a petition filed by Shivnarayan Batham, a 42-year-old farmer suffering from a critical liver condition. The petition seeks permission for Batham’s 17-year-old daughter, Preeti, to donate a part of her liver to save his life.

Background

Shivnarayan Batham, a farmer residing in a rural area of Indore district, has been battling a severe liver ailment for the past six years. With his condition deteriorating, doctors have indicated that an immediate liver transplant is necessary to save his life. Batham’s family situation is dire; his 80-year-old father and diabetic wife are unable to donate, leaving his eldest daughter, Preeti, as the willing donor.

Legal Proceedings

Advocate Nilesh Manore, representing Batham, informed the media that Justice Binod Kumar Dwivedi has requested a detailed report from the private hospital where Batham is currently admitted. The hospital has been given a two-day deadline to provide this report. The court will revisit the case on June 20 for further deliberation.

Challenges and Ethical Considerations

The case presents several legal and ethical challenges, particularly given Preeti’s age. Under Indian law, organ donation by minors is heavily restricted and typically requires court approval, even with parental consent. The urgency of Batham’s medical condition, combined with the ethical dilemma of allowing a minor to undergo such a significant procedure, complicates the court’s decision.

Advocate’s Argument

Manore argued that Preeti’s willingness to donate part of her liver is crucial due to the lack of other suitable donors in the family. He emphasized the critical nature of Batham’s condition, asserting that delaying the transplant could pose a severe risk to his life.

Court’s Consideration

Justice Dwivedi’s decision to seek a report from the hospital indicates the court’s cautious approach, balancing the immediate health needs of Batham with the legal and ethical implications of allowing a minor to donate an organ. The court’s forthcoming hearing will likely explore these dimensions in depth, considering medical opinions, legal precedents, and ethical standards.

Conclusion

The Madhya Pradesh High Court’s handling of this case will set a significant precedent in the realm of organ donation involving minors. The outcome could influence future policies and legal frameworks surrounding similar medical emergencies. As the court prepares for the next hearing, the report from the private hospital will be pivotal in determining the course of action.

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