Sarvesham Mangalam Foundation Vs Union of India & Ors. (Supreme Court of India)
A petition was filed before the Supreme Court by a registered NGO working for the cause of Thalassemia patients, who require regular blood transfusions due to the genetic blood disorder. The petitioner raised concerns about transfusion-transmitted infections such as HIV, Hepatitis B, Hepatitis C, Malaria, and Syphilis, which Thalassemia patients, particularly children, may contract while receiving blood transfusions. According to the petitioner, such infections are often caused by inadequate screening methods used to test blood prior to transfusion. The petitioner stated that several representations had been made to State and Union authorities highlighting issues including the unavailability of leuko-depleted (filtered) blood units and the need to implement Nucleic Acid Testing (NAT) as the sole screening method for blood.
The petitioner contended that NAT testing is the gold standard for early detection of transfusion-transmitted infections, as it can detect infections within a window period of 7–10 days, compared to the ELISA method which has a window period of 55–60 days. It was also pointed out that NAT testing is not mandatory under the Drugs and Cosmetics Act, 1940, although it is recommended by the National Blood Transfusion Council and the National AIDS Control Organisation. The petitioner further stated that NAT testing is mandatory in some Western countries. However, it was acknowledged that NAT-tested blood is more expensive, and patients from economically weaker sections may not be able to afford it despite being more vulnerable to infections from contaminated blood.
