1996 (1) TMI 468 - SC - Indian Laws

Summary

Issues Involved:
1. Deficiencies in blood collection, storage, and supply.
2. Regulation of blood banks under the Drugs and Cosmetics Act, 1940.
3. Implementation of recommendations from the report by M/s. A.F. Ferguson & Co.
4. Establishment of a National Council on Blood Transfusion.
5. Encouragement of voluntary blood donation.
6. Elimination of professional blood donors.
7. Training and licensing of blood bank personnel.
8. Strengthening of the enforcement machinery for blood banks.

Detailed Analysis:

1. Deficiencies in Blood Collection, Storage, and Supply:
The judgment highlights the critical role of blood in sustaining life and the inherent dangers of contaminated blood. The petitioner, through a Public Interest Litigation, underscored significant deficiencies in the collection, storage, and supply of blood across various blood centers in the country. The petition sought directives for the Union of India and the States to initiate proper and concrete steps to address these deficiencies.

2. Regulation of Blood Banks under the Drugs and Cosmetics Act, 1940:
Blood is treated as a 'drug' under the Drugs and Cosmetics Act, 1940. The Act and the accompanying Drugs and Cosmetics Rules, 1945, contain provisions regarding equipment and supplies required for blood banks. Despite these regulations, many blood banks were found to be operating without licenses, and mandatory tests for diseases such as AIDS and hepatitis were often neglected.

3. Implementation of Recommendations from the Report by M/s. A.F. Ferguson & Co.:
The report by M/s. A.F. Ferguson & Co., commissioned by the Government of India, highlighted several deficiencies in the blood banking system, including the prevalence of unlicensed blood banks, inadequate medical checks on blood sellers, and poor storage facilities. The report recommended policy and procedural changes and a scheme for modernization, which the government began to implement.

4. Establishment of a National Council on Blood Transfusion:
The judgment calls for the establishment of a National Council on Blood Transfusion, a representative body to oversee the entire range of services related to blood banks. This Council would coordinate with similar State-level bodies and ensure the implementation of policies and programs to improve blood banking operations.

5. Encouragement of Voluntary Blood Donation:
The judgment emphasizes the need for effective motivation campaigns to encourage voluntary blood donations. It suggests launching programs in educational institutions, labor and trade establishments, and other organizations to stimulate voluntary blood donations and reduce reliance on professional donors.

6. Elimination of Professional Blood Donors:
The judgment directs the Union Government and the State Governments to take steps to discourage and eventually eliminate the system of professional blood donors within two years. This includes using media campaigns and legal actions to phase out professional blood donations.

7. Training and Licensing of Blood Bank Personnel:
The judgment stresses the importance of training technical personnel in various fields related to blood banking operations. It also calls for the licensing of all blood banks within one year and the establishment of postgraduate courses in blood transfusion technology.

8. Strengthening of the Enforcement Machinery for Blood Banks:
The judgment directs the strengthening of the enforcement machinery for blood banks, including posting adequately trained Drugs Inspectors to ensure periodic checks. It also suggests considering the enactment of a separate legislation for regulating blood collection, processing, storage, distribution, and transportation.

Conclusion:
The Supreme Court's judgment provides a comprehensive framework for addressing the deficiencies in the blood banking system in India. It mandates the establishment of a National Council on Blood Transfusion, encourages voluntary blood donation, eliminates professional donors, and strengthens the training and licensing of blood bank personnel. The judgment also calls for enhanced enforcement of existing regulations and the consideration of new legislation to ensure the safety and efficacy of blood banking operations. The writ petition is disposed of with these directions, and the Director General of Health Services is tasked with submitting a report on the action taken by July 15, 1996.