T VASUDEVA PAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS MATTER HAS COME UP FOR ORDERS. THE RELIEFS ASKED FOR ARE AS MANY AS SIX. EACH OF THE RELIEFS IS COUCHED IN SUCH VAGUE TERMS THAT THE COURT IS NOT IN A POSITION TO KNOW WHAT DIRECTION MAY BE ISSUED AND WHAT THE GRIEVANCES OF THE PETITIONERS ARE,

(2.) NO MATERIAL IS PLACED BY THEPETITIONERS EXCEPT SOME NEWSPAPER CUTTINGS IN REGARD TO SPREAD OF THE AIDS VIRUS CAUSING ACQUIRED IMMUNE DEFICIENCY SYNDROME. IT IS COMMON KNOWLEDGE THAT THE SPREAD OF THIS DISEASE IS ON THE INCREASE AND ALL COUNTRIES ARE TAKING MANY STEPS TO CONTROL THE SPREAD AS WELL AS PREVENT THE SPREAD AND FIND A CURE FOR THE DISEASE AS WELL.

(3.) ONE OF THE ACCEPTED THEORIESFOR THE SPREAD OF THE DISEASE IS TRANSFUSION OF BLOOD. PREPERATION OF VACCINE HAS NOTHING TO DO WITH THE BLOOD TRANSFUSION. THE PERSON HAVING AIDS DONATES BLOOD AND IF IT IS GIVEN TO ANOTHER PATIENT, THE PATIENT WHO RECEIVES SUCH BLOOD IS LIKELY TO BE CONTAMINATED BY THE AIDS DISEASE. NO MATERIAL IS PLACED AS TO HOW THE PETITIONERS PROPOSE TO PREVENT PERSONS FROM DONATING BLOOD. THE COURT EXPECTS ALL AUTHORITIES TO TEST PERSONS DONATING BLOOD IN ORDER TO FIND OUT WHETHER THEY HAVE THE DISEASE BEFORE THEY DONATE BLOOD.