The Supreme Court on Wednesday sought details on the cost and availability of Nucleic Acid Amplification Testing (NAT) in government hospitals across the country for detecting Transfusion Transmissible Infections (TTIs) such as HIV and hepatitis. The court was hearing a public interest litigation seeking recognition of the “Right to Safe Blood” as part of the right to life under Article 21 of the Constitution and mandatory implementation of NAT in all blood banks.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi asked counsel A. Velan, appearing for the petitioner NGO Sarvesham Mangalam Foundation, to place on record:
- The cost involved in conducting NAT tests, and
- Whether the facility is available in government hospitals so that economically weaker patients can access it.
The Union Ministry of Health and Family Welfare, along with all States and Union Territories, has been made a party to the plea.
The PIL seeks directions to:
- Declare the “Right to Safe Blood” as an intrinsic facet of Article 21, and
- Mandate NAT screening in all blood banks across India for detection of TTIs including HIV, Hepatitis B, Hepatitis C, malaria, and syphilis.
According to the petition, NAT is a more sensitive screening method that can detect infections during the window period and thereby ensure infection-free blood supply.
The petitioner highlighted the vulnerability of Thalassemia patients, who require blood transfusions every 15 to 20 days for survival. It submitted that for many such patients, transfusions have become a “gamble with death” due to inadequate screening.
Describing Thalassemia as an inherited disorder caused by the body’s inability to produce sufficient haemoglobin, the plea stated that India has a high disease burden and therefore requires strengthened blood safety protocols and standardised screening.
The petition referred to several incidents described as “preventable tragedies,” including:
- At least six Thalassemia-affected children testing HIV-positive in 2025 after transfusions at Satna District Hospital, Madhya Pradesh,
- Five children contracting HIV following transfusions at Sadar Hospital, Chaibasa, Jharkhand in 2025, and
- Fourteen children in Uttar Pradesh testing positive for hepatitis and HIV after transfusions at a medical college in 2023.
The court has sought further particulars regarding the financial and infrastructural feasibility of NAT implementation in government facilities before considering the broader issues raised in the PIL.
