The Supreme Court of India has requested
additional information regarding the costs and availability of Nucleic Acid
Amplification Testing (NAT) facilities in government hospitals nationwide. This
testing is aimed at detecting Transfusion Transmissible Infections (TTIs) such
as HIV and hepatitis. During the proceedings, a bench led by Chief Justice
Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi,
instructed lawyer A. Velan, representing the petitioner Sarvesham Mangalam
Foundation, to furnish details on the expenses involved in performing NAT
tests. The court also inquired about the presence of such facilities in public
hospitals to ensure accessibility for economically disadvantaged individuals.
The foundation, through its Public
Interest Litigation (PIL), has named the Union Ministry of Health and Family
Welfare, as well as all states and Union Territories, as respondents. The plea
urges the court to recognize the "Right to Safe Blood" as an
essential component of the Right to Life guaranteed under Article 21 of the
Constitution. Furthermore, it calls for mandatory implementation of NAT in
every blood bank across the country to screen for TTIs, including Human
Immunodeficiency Virus (HIV), Hepatitis C Virus (HCV), Hepatitis B Virus (HBV),
malaria, and syphilis. This measure would apply to all donated blood,
guaranteeing that recipients receive safe, infection-free transfusions.
The Delhi-based non-governmental
organization (NGO) has drawn attention to what it describes as a persistent and
systemic shortfall by the state in safeguarding vulnerable patients, especially
those suffering from Thalassemia, from dangerous TTIs like HIV, Hepatitis B,
and Hepatitis C. Thalassemia patients depend on regular blood
transfusions—typically every 15 to 20 days—to sustain their lives. However, the
petition argues that these essential procedures have turned into a perilous
risk for many in India, potentially leading to fatal outcomes.
Thalassemia is a hereditary condition
characterized by the body's insufficient production of hemoglobin, the vital
protein in red blood cells responsible for carrying oxygen from the lungs to
body tissues and returning carbon dioxide to the lungs for exhalation. Given
that India bears the highest global burden of Thalassemia cases, the petition
emphasizes the urgent necessity to enhance blood safety protocols throughout
the nation. It particularly advocates for the adoption of a uniform,
standardized screening test for all blood donations to mitigate these risks.
The PIL references several recent
avoidable incidents that underscore the gravity of the issue. In Madhya
Pradesh, for instance, at least six children with Thalassemia contracted HIV in
2025 following blood transfusions at Satna District Hospital. Similarly, in
Jharkhand, five children were infected with HIV after receiving transfusions at
Sadar Hospital in Chaibasa during the same year. The petition also highlights a
case from Uttar Pradesh in 2023, where 14 children acquired Hepatitis and HIV
infections at a medical college. These examples illustrate the dire
consequences of inadequate screening methods and the need for immediate reforms
to prevent further harm.
By pushing for compulsory NAT adoption,
the foundation seeks to address these vulnerabilities and ensure equitable
access to safe blood for all, regardless of socioeconomic status. The court's
call for detailed cost and availability data suggests a potential step toward
evaluating the feasibility of nationwide implementation, which could
significantly improve public health outcomes in blood transfusion practices.
This case highlights broader concerns about healthcare equity and the
government's role in upholding constitutional rights related to life and
dignity.