1. Writ petition concerning the establishment of State councils for Blood Transfusion and the licensing and regulation of Blood Banks. (Para 1 )
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1997 Supreme(SC) 1013
SUPREME COURT OF INDIA
G.T.Nanavati : S.C.Agrawal
Common Cause, A Regd Society, New Delhi
Versus
Union Of India
Case No. : 91 of 1992
Date of Decision : 7/25/97
The court emphasized the mandatory licensing and regulation of blood banks through national and state councils and directed the promotion of voluntary blood donation to eliminate the use of professional blood donors for public health safety.
Headnote:(A) Public Health - Blood Transfusion - Regulation of Blood Banks - Establishment of State councils for Blood Transfusion and mandatory licensing of blood banks to ensure safety and availability - Compliance with previous court directions regarding the discontinuation of unlicensed blood banks.
(B) Blood Donation - Voluntary vs. Professional - Necessity of augmenting blood availability through voluntary donation camps and social awareness to eliminate the practice of securing blood from professional blood donors.
Facts of the case:
A petition was filed seeking the regulation of blood banks and the establishment of transfusion councils. Following previous court directions, affidavits were filed confirming that State councils for Blood Transfusion had been established across all States and Union Territories, and steps for licensing existing blood banks or closing unlicensed ones had been taken.
Findings of Court:
The court observed that the directions regarding the setup of councils and licensing of blood banks had been complied with. It further directed the National council for Blood Transfusion to coordinate with State councils to ensure the proper functioning of licensed banks and the establishment of new ones to meet the need for blood at short notice.
Issues: Whether the directions for the regulation of blood banks and the establishment of transfusion councils were implemented and how to ensure a sustainable supply of safe blood.
Ratio Decidendi: To ensure public health and safety, blood banks must be duly licensed and regulated by national and state councils, and the reliance on professional blood donors must be replaced by a system of voluntary blood donation promoted through social awareness.
Result: The writ petition is disposed of and the contempt notices are discharged.
Legal Category Hierarchy
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administrative law
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public health
- blood transfusion and banking (Para 1)
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public health
Table of Contents
2. State councils for Blood Transfusion have been established, and steps for licensing existing Blood Banks and closing unlicensed ones have been implemented. (Para 1 )
3. Blood Bank operations must be strictly licensed, and blood availability should be augmented through voluntary donations to eliminate professional blood donation practices. (Para 1 )
4. Writ petition disposed of and contempt notices discharged; directions issued for licensed Blood Bank functioning and promotion of voluntary blood donation. (Para 1 )
5. How should the availability of blood be augmented to eliminate professional blood donation?
The National council for Blood Transfusion, in coordination with State councils, must organize voluntary donation camps and create social awareness among the public to eliminate the practice of using professional blood donors. (Para 1 )
6. What is the requirement for the legal operation of Blood Banks?
Blood Banks must be duly licensed to operate, and those that have not been granted licenses must discontinue their operations. (Para 1 )
(1) AFTER passing of the order dated 9/5/1997 further affidavits have been filed on behalf of the Union of India as well as on behalf of the various State governments and Union Territories. We have perused the same. We find that State councils for Blood Transfusion have been set up in all the States and Union Territories in accordance with the directions given by this court. We also find that steps have been taken for licensing of the existing Blood Banks and steps have also been taken for discontinuing the operation of Blood Banks which have not been granted licences. Thus, the directions given by this court in the judgment dated 4/1/1996 in that regard have been complied with. As regards further steps to be taken in pursuance of the directions contained in the said judgment we direct that the National council for Blood Transfusion, in coordination with the State councils, shall take necessary steps to ensure proper functioning of the Blood Banks which have been licensed and establishment of new Blood Banks (duly licensed) so that the need for blood in the various parts of the country can be met at short notice. The National council shall also take steps to augment the availability of blood in the Blood Banks by organising voluntary donation camps and by creating social awareness among the people about the need for voluntary donation of blood so that the prevailing practice of securing blood from professional blood donors is eliminated. With these observations we close this matter. While doing so we place on record our appreciation for the initiative taken by Shri H.D. Shourie, appearing in person on behalf of the petitioner-Society, in taking up this matter and for the assistance rendered by him to the court. The writ petition is disposed of accordingly. The contempt notices which have been issued are discharged.
