COMMON CAUSE Vs. UNION OF INDIA

JUDGEMENT

(1.) Blood is an essential component of the body which provides sustenance to life. There can be no greater service to the humanity than to offer one's blood to save the life of other fellow human-being. At the same time blood, in stead of saving life, can also lead to death of the person to whom the blood is given if the blood is contaminated. As 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 in supply of contaminated blood it must be ensured that the blood that is available 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 petitioners 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, Lable for whole blood and Colour scheme for Label etc.