IMPORTANT POINT
To ensure that Blood Banks all over the country are run without any malpractices and inadequacies the Supreme Court has directed the Central Govt. for establishment of National Council of Blood Transfusion and has given many other directions like proper licencing of blood banks, discoverageous professional donors, training of persons, new legislation etc. and to submit a report by 15.7.1996 about action taken with liberty to seek any modification/classification of these directions.

Headnote:Constitution of India-Article 32-Petition of Public Interest litigation under-For directions to obviate malpractices and malfunctioning and inadequacies of Blood Banks and to ensure that blood available with them for use is healthy and free from infection-Regulation is under Drug and Cosmetics Act, 1940 and Rules 1945 Part XII-B-In 1990 study was made of Blood Banking System -Many deficiencies highlighted-Scheme of modernisation-Committee appointed-Action plan proposed in three stops of immediate, short term and long term plans-Recommendations and steps suggested by committee for implementation immediately and for long term implementation-Supreme Court directives to end misuse of Blood Banks.
       Held : Keeping in view the report of the Committee that has been constituted by this Court and the report of the Committee of Experts set up by the Indian Red Cross Society and the programme that is being implemented by the National Aids Control Organisation as well as the submissions of the learned counsel, we are of the view that suitable action should be taken by the Union Government as well as the Governments of the States and the Union Territories Administration in accordance with the plan for Immediate implementation as well as the plan for long term implementation suggested by the Committee constituted by this Court.
        (Para 15)
       Accordingly Directions given to Union Govt., State Govt. and Union Territories for speedy removal of deficiencies in Blood Bank System. (Para 16)

JUDGMENT

S.C. Agrawal, J.-Blood is an essential component of the body which provides sustenance to life. There can be no greater service to the numanity than to offer one s blood to save the life of other fellow human-beings. At the same time blood, instead of saving life, can also lead to death of the person to whom the blood is given if the blood is contaminated. As a result of developments in medical science it is possible to preserve and store blood after it has been collected so that it can be available in the case of need. There are blood banks which undertake the task of collecting, testing and storing the whole blood and its components and make the same available when needed. In view of the dangers inherent in supply of contaminated blood it must be ensured that the blood that is available with the blood banks for use is healthy and free from infection.

2. In this petition filed by way of Public Interest Litigation under Article 32 of the Constitution the petitioner has high-lighted the serious deficiencies and short-comings in the matter of collection, storage and supply of blood through the various blood centres operating in the country and has prayed that an appropriate writ order or direction be issued directing the Union of India and the States and the Union Territories, who have all been impleaded as respondents in this petition, to ensure that proper positive and concrete steps in a time bound programme are immediately initiated for obviating the malpractices, malfunctioning and inadequacies of the blood banks all over the country and to place before this Court a specific programme of action aimed at overcoming the deficiencies in the operation of blood banks.

3. For the purpose of regulating its collection, storage and supply, blood is treated as a drug under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act ). In the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as the Rules ) made under the Act, provisions regarding equipment and supplies required for a blood bank were contained in Part XII-B, which was inserted vide Notification dated June, 24, 1967. In the said part, requirements regarding Equipment, Blood collection supplies, Canter equipment and Emergency equipment for the Blood Donor Room were prescribed. Similarly provisions were made for the Laboratory, General suppliers, Technical staff, Accommodation for Blood Bank, Label for whole blood and Colour scheme for Label etc.

4. In 1990, M/s. A.F. Ferguson & Co., a Management Consultancy Firm, was entrusted by the Government of India. Ministry of Health with the study of blood banking system in the country. The scope of the said study was to :

(i) assess the status of Government, Private, Commercial and Voluntary blood banks ;

(ii) recommended policy and procedural changes ; and

(iii) prepare a scheme for modernisation.

5. The report submitted by the said consultancy firm to the Government in July, 1990, high-lights the deficiencies with regard to the facilities of testing blood, licensing of blood banks and professional donors and storage of blood. In the said report it was stated :

(i) Out of the total number of 1018 blood banks as many as 616 are reported to be unlicensed. There are only 201 licensed commercial blood banks ; the supply of blood by licensed commercial blood banks is only about 1/4th of the blood used in the hospitals of the country.

(ii) No medical check up is done on the blood sellers ; their health status is not examined. The blood trade flourishes with poor people like unemployed, rickshaw pullers, drug addicts selling their blood. Such blood sellers suffer from various infections and their haemoglobin is lower than the prescribed level. It has been reported that there are many persons who donate blood 5-6 times in a month ; poverty makes them to do so at first but later it is reported to become like an addiction, the blood s

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