Home / Health / Supreme Court Declines Medical Science Judgment
Supreme Court Declines Medical Science Judgment
13 Mar
Summary
- Supreme Court refused to entertain a plea for mandatory NAT testing in blood banks.
- The court directed the petitioner to approach state health department secretaries.
- Recent tragedies highlight the risk of transfusion-transmitted infections in India.
The Supreme Court on Friday declined to entertain a public interest litigation (PIL) seeking mandatory Nucleic Acid Amplification Testing (NAT) in all blood banks across India. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi advised the petitioner, 'Sarvesham Mangalam Foundation,' to make a comprehensive representation to the secretaries of health departments in states and Union Territories. The court noted its lack of expertise in medical science, stating, "Why should we pretend that we know medical science." The bench suggested that the health secretaries could take an appropriate decision with the aid of domain experts.
The PIL sought to establish the 'Right to Safe Blood' as an intrinsic part of the Right to Life under Article 21 of the Constitution. It requested mandatory NAT for detecting Transfusion Transmissible Infections (TTIs) like HIV, hepatitis B and C, malaria, and syphilis in donated blood. The petition highlighted a "systemic and ongoing failure" to protect vulnerable patients, particularly those with Thalassemia, who require frequent transfusions.
Recent incidents underscore the urgency of the issue. In 2025, six Thalassemic children in Madhya Pradesh tested HIV-positive following transfusions. Similarly, five children in Jharkhand and 14 children in Uttar Pradesh contracted HIV and hepatitis in 2023 and 2025, respectively, due to unsafe transfusions. India is described as the "Thalassemia capital of the world," emphasizing the critical need for strengthened blood safety practices and standardized screening tests nationwide.
