The Supreme Court on Friday declined to entertain a Public Interest Litigation (PIL) seeking mandatory Nucleic Acid Amplification Testing (NAT) in all blood banks across India, stating that the court does not possess specialised expertise in medical science to decide on such technical matters.
Court Advises Representation to Health Authorities
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi asked the petitioner, Delhi-based NGO Sarvesham Mangalam Foundation, to submit a detailed representation to the secretaries of the health departments of all States and Union Territories.
The court observed that the concerned authorities could take an appropriate decision on the issue with the aid and advice of domain experts.
During the hearing, the Chief Justice also questioned the motive behind some PILs and remarked, “Do you think PILs are not funded from abroad. Do you think so?” according to news agency PTI.
The bench emphasised that decisions regarding medical testing protocols in blood banks should be taken by experts in the field rather than the judiciary.
Court Cites Lack of Medical Expertise
The Supreme Court stated that it could not issue directions on the matter because it lacked specialised knowledge in medical science.
“We are definitely not experts on the subject… why should we pretend that we know medical science,” the Chief Justice said.
The bench further noted that the relief sought in the petition would have significant financial implications, and each state government operates under its own fiscal constraints.
Earlier Hearing Sought Details on NAT Testing
During an earlier hearing on February 25, the court had asked the petitioner to provide detailed information about the cost of implementing NAT testing and the availability of such facilities in government hospitals across the country.
The bench had also asked whether government hospitals had the infrastructure to conduct NAT tests so that economically weaker patients could benefit from safer blood screening.
Petition Sought Recognition of ‘Right to Safe Blood’
In its plea, the foundation made the Union Ministry of Health and Family Welfare along with all States and Union Territories parties to the case.
The PIL sought a declaration that the “Right to Safe Blood” is an intrinsic part of the Right to Life guaranteed under Article 21 of the Constitution.
It also requested the court to direct the Centre and states to implement mandatory NAT testing in all blood banks to detect Transfusion Transmissible Infections (TTIs) such as Human Immunodeficiency Virus (HIV), Hepatitis C Virus (HCV), Hepatitis B Virus (HBV), malaria, and syphilis in donated blood.
Concerns Over Safety of Blood Transfusions
The petitioner highlighted what it described as a systemic failure to protect vulnerable patients, particularly those suffering from Thalassemia, from life-threatening infections transmitted through blood transfusions.
Thalassemia is a genetic blood disorder in which the body cannot produce enough haemoglobin. Patients suffering from the condition require blood transfusions every 15 to 20 days for survival.
According to the NGO, for many patients in India these repeated transfusions have become a “gamble with death”.
Recent Incidents Cited in the Petition
The PIL cited several recent incidents to underline the urgency of strengthening blood safety standards.
In Madhya Pradesh in 2025, at least six Thalassemia-affected children reportedly tested HIV-positive after receiving blood transfusions at Satna District Hospital.
In Jharkhand, five children were infected with HIV following transfusions at Sadar Hospital in Chaibasa in 2025. The petition also referred to a 2023 incident in Uttar Pradesh where 14 children allegedly contracted hepatitis and HIV after blood transfusions at a medical college.
The NGO argued that India, often referred to as the Thalassemia capital of the world, urgently needs stronger and standardised blood screening protocols to ensure the safety of blood transfusions nationwide.
