JUDGMENT :

Sanjay Karol, J.

Following issues arise for consideration in the present petition:-

1. Is not the State under an obligation to make

available all facilities, including blood, to patients who have the disability of Thalassemia?

2. Is the refusal of blood on account of unavailability to patients suffering from Thalassemia a ground available to the State?

3. Is the State obligated to pay compensation to the families of the patients suffering from Thalassemia who died due to the non-availability of adequate medical facilities?

2. The petitioners in the present case are all individuals directly or indirectly affected by Thalassemia, and they are all committed to working to better the people suffering from this disease. Allegedly, in light of the COVID-19 pandemic and the condition of patients suffering from Thalassemia in the State of Bihar has become increasingly critical with an apparent rise in fatalities with each passing day. This can be attributed to a shortage of blood and a lack of arrangements for proper treatment. Numerous reports published in National Dailies and online portals have reported on the sad state of affairs.

3. The petitioners have cited seven real-life instances from where an apparent lack of proper medication and blood has resulted in five fatalities, namely Sonu Kumar (aged nine years), son of Vijendra Yadav, resident of village-Basvelli, P.O. Tolli, P.S.-Dagrawa, District –Purnea, Bihar, Diwakar Kumar (aged 2.5 years) son of Sri Ajit Kumar, resident of Village-Kairin, P.O. Dulmanjhi, District-Purnea, Bihar; Shivam Kumar (aged five years) son of Sri Mantu Kumar Mandal, resident of village-Bhavanipur, P.O.-Dulmanjhi, District-Purnea, Bihar; Qumar Parveen (aged six years) son of Sri Shakir Alam, resident of Village-Bhokraha, P.O.-Dulmanjhi, District-Purnea, Bihar; and Sahil (aged three years) son of Sri Ibnul Haq, resident of Village-Amgachi, District-Purnea, Bihar, and the other two, namely Shubham (aged seven years) son of Sri Anil Kumar Sahani, resident of Muzaffarpur, Bihar and Md. Talha Tanveer (aged three years), son of Md. Tanveer Alam, residing at Muzaffarpur, Bihar, continue to suffer. One common contention of all was the lack of medical resources and other essential equipment for treating Thalassemia patients. Some patients and their relatives have further contended that blood is being sold on the black market. The petitioners contend that each of these instances brings forth a chilling realization for the need to introspect.

4. Thalassemia is an inherited blood disorder characterised by less Oxygen-carrying protein (haemoglobin) and fewer blood cells in the body than the normal. In brief, Thalassemia is inherited from parents to children through genes. There would be blood disorder when the body does not make enough of a protein called haemoglobin, an important part of red blood cells. When there isn’t enough haemoglobin, the body’s red blood cells don’t function properly and they last shorter periods of time, so there are fewer healthy red blood cells travelling in the bloodstream. Red blood cells carry oxygen to all the cells of the body. Oxygen is a sort of food that cells use to function. When there are not enough healthy red blood cells, there is also not enough oxygen delivered to rest of the cells of the body, which may cause a person to feel tired, weak or short of breath. This is a condition called anaemia. People with Thalassemia may have a mild or severe anaemia. Severe anaemia can damage organs and lead to death.

5. Prevention of Thalassemia would be very hard since the disease is passed from parents to children. Treatment consists of vitamins and transmission of blood in fact for the purpose of medication vitamin, blood transmission and iron reducer are required to be taken note of.

6. A significant equipment requirement for treating Thalassemia patients is filters used to ensure that the iron level in the bloodstream of patients does not increase beyond the acceptable threshold. If