The Supreme Court Judgment on Blood Transfusion services
The Supreme Court of India in an epoch making judgment on 4th January, 1996, on a Public Interest Litigation petition filed by Common Cause (a voluntary organization in Delhi), directed the Union of India and the State Government to take a number of steps towards revamping the entire Blood Transfusion Services addressing various critical areas.
Some of the major directives of the Supreme Court are:
To establish forthwith a National Council of Blood Transfusion at the Central, State and Union Territory level, as a society registered under Societies Act 1860 with funds provided by the Central as well as respective State and UT governments and also empowering the councils to raise funds from outside the sources.
To license all blood banks.
To stop the professional blood donating system.
To secure a grant of 100% exemption from Income Tax to the donors either made to National or State Blood donation councils.
To consider the advisability of enacting a separate legislation for regulating the collection, processing, storage, distribution and operation of blood banks in the country.
Follow-up Action
The Supreme Court judgment provided a good opportunity to reorganize the Blood Transfusion Service. As a result, the Government has already taken the following activities.
National Blood Transfusion Council and State Blood Transfusion Council have been formed and have started functioning.
Licenses have been issued to Blood Banks and no unlicensed blood banks are permitted to provide Blood transfusion services.
Professional blood donating activities have been completely banned w.e.f. 1st January, 1998 in the country.
Permission has been granted to exempt Income Tax for the donation either to National or State Blood Transfusion Councils. Suitable revisions in the Drugs and Cosmetics Rules are under the process.
Dr Marwah
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