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2014 DIGILAW 807 (GAU)

In Re. State of Assam & Ors. v. .

2014-08-21

A.K.GOSWAMI, K.SREEDHAR RAO

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K. Shreedhar Rao, CJ. (Actg.).:-- 1. A shocking and unfortunate incident of AIDS-afflicted blood was transfused into five patients at Mangaldai Civil Hospital. This incident was appropriately - and rightly so - attracted the media attention. There was a wide publicity - for a very good purpose - to take precautionary measures effectively to prevent such mishaps in future. This court taking suo motu cognizance of the news-item dated 15th-17th June, 2013 issued notice to the Government to explain its stand and the efforts to be made for preventing such unfortunate incidents. The State Government has appropriately and suitably responded and taken necessary steps by giving instructions to all the hospitals and the blood banks across the State to strictly comply with the instructions laid down in what is known "Standards for Blood Banks and Blood Transfusion Services". The guidelines have been formulated by the ministry of Health and Family Welfare, the inputs of which are perhaps drawn from the UNO Blood Bank and Blood Transfusion Policy. It appears that there was no proper awareness and compliance of these instructions, although they were in existence in the year 2007. 2. The Principal Secretary, Health and Family Welfare department, filed an affidavit along with reports undertaking to give instructions to all the blood banks and hospitals who indulge in blood transfusion and to take all necessary precautionary measures laid down in the "guidelines" stated above. 3. Sri K.R. Surana, the amicus curiae appointed by this court also went through the guidelines and submitted his reports. 4. Sri Pabindra Nath Talukdar, incharge Project Director, Assam AIDS Control Society and Member--Secretary, Assam State Blood Transfusion Council, also filed an affidavit enclosing therewith a list of blood banks in the State, names and district where they situate of which are as follows - Annexure A. SI No. NameDistrict I FAA Medical College Hospital Barpeta 2 Bongaigaon Civil Hospital Bongaigaon 3 Silchar Medical College Hospital Cachar 4 Indian Red Cross Children Hospital Cachar 5 Mangaldol Civil Hospital Darrang 6 Dhemaji Civil Hospital Dhemaji 7 Dhubri Civil Hospital Dhubri 8 Assam Medical College Hospital Dibrugarh 9 Haflong Civil Hospital Dima Hasao 10 Goalpara Civil Hospital Goalpara 11 KK Civil Hospital Golaghat 12 SK Roy Civil Hospital Hailakandi 13 Jorhat Medical College Jorhat 14 Gauhati Medical College Hospital Kamrup(M) 15 Mahendra Mohal Chaudhury Hospital Kamrup(M) 16 Dr. B. Barooah Cancer Institute Kamrup(M) 17 Diphu Civil Hospital Karbi Anglong 18 Karimganj Civil Hospital Karimganj 19 RNB Civil Hospital Kokrajhar 20 North lakhimpur Civil Hospital Lakhimpur 21 Morigaon Civil Hospital Morigaon 22 BP Civil Hospital Nagaon 23 SMK Civil Hospital Nalbari 24 Sivasagar Civil Hospital Sibasagar 25 Kanaklata Civil Hospital Sonitpur 26 LGB Civil Hospital Tinsukia 27 Lower Assam Hospital Bongaigaon 28 Barak Blood Bank & Clinical Research Cachar 29 BRPL Hospital Chirang 30 Aditya Diagnostic Hospital Dibrugarh 31 Damani's Nursing Home Dibrugarh 32 Marowari Arogya Bhawan Dibrugarh 33 Srimanta Sankardev Hospital & Research Centre Dibrugarh 34 Tata Tea Referal Hospital & Research Institute Dibrugarh 35 Oil India Ltd. Hospital Dibrugarh 36 BVSC Ltd. Hospital Dibrugarh 37 Solace Hospital & Research (P.) Ltd. Goalpara 38 Vivekananda Kendra, NRL Hospital Golaghat 39 Aparajita Blood Bank -- A unit of Sanjeevani Hospital Jorhat 40 Blood Bank, Lions Club, Jorhat Jorhat 41 Air Force Hospital Jorhat 42 Assam Gujarat Voluntary and Research Centre Kamrup(M) 43 Dispur Blood Bank Kamrup(M) 44 Down Town Hospital (P.) Ltd. Kamrup(M) 45 Ganga Blood Bank Kamrup(M) 46 Guwahati Neurological Research Centre Kamrup(M) 47International Hospital Ltd. Kamrup(M) 48 Marowari Hospital & Research Centre Kamrup(M) 49 Saharia's Blood Bank Kamrup(M) 50 Rahman Hospital Blood Bank Kamrup(M) 51 Hayat Hospital Blood Bank Kamrup(M) 52 Surakshya Blood Bank Kamrup(M) 53 Central Hospital, NF Railway Kamrup(M) 54 151 Base Hospital Kamrup(M) 55 Haji Abdul Majid Memorial Hospital Nagaon 56 North East Blood Bank & Research Centre Nagaon 57 Divisional Railway Headquarters Nagaon 58 Nalbari Maternity Hospital Nalbari 59 Pragati Hospital & Research Centre Sibsagar 60 Sharma Nursing Home Sibsagar 61 ONGC Ltd. Hospital Sibasagar 62 Catholic Hospital Sonitpur 63 Tezpur Medical College Hospital Sonitpur 64 155 Base Hospital Sonitpur 65 Dirial Central Hospital Tinsukia 66 Tinsukia Blood Bank Tinsukia 67 Central Hospital, Coal India Ltd. Tinsukia 5. It is said that the licences granted to three blood banks have been cancelled because of deficiency in standard. 6. The amicus curiae made the following submissions in paras 10 11 and 12 of his written-submissions : "10. It is stated that at my request the learned Addl. Advocate General appearing for the respondents had provided me with a photocopy of a "Standards for Blood Banks & Blood Transfusion Sendees" issued by National AIDS Control Organisation in the year 2007. The amicus curiae made the following submissions in paras 10 11 and 12 of his written-submissions : "10. It is stated that at my request the learned Addl. Advocate General appearing for the respondents had provided me with a photocopy of a "Standards for Blood Banks & Blood Transfusion Sendees" issued by National AIDS Control Organisation in the year 2007. On perusal of the same, it is apparent that benchmark or standards which existed in the year 2007 was not followed. It is only after the newspaper reports came in, the authorities suspended (1) Medical Officer-in-charge of Blood Bank in Mangaldoi Civil Hospital (Annexure C to A/O dated 10.12.2013) and (2) One Laboratory Technician, Blood Bank, Mangaldoi Civil Hospital (annexure D to A/O dated 10.12.2013. There is no information about the fate of the said departmental proceedings, if any. 11. The State respondents have not specifically stated that it is mandatory to follow the guidelines which were framed and/or circulated by National Aids Control Organisation (NACO). However, if the said guidelines are merely directory, no responsibility can be fastened to any person or authority if there is any incidence of any further lapse in future. 12. Hence, it is my humble suggestion that the State Government must bind themselves to frame a policy and/or adopt the said "Standards for Blood Banks & Blood Transfusion Services" issued by National AIDS Control Organisation as amended from time-to-time by issuing by publishing a Notification in the Official Gazette, making its adherence mandatory." 7. Steps so far taken by the State appear to be quite appreciable : but the exercise of inspection and verification of standard and quality of the blood banks and transfusion centers should not be a one-time measure; it has to be done as a constant monitoring. 8. The Joint Director of Health and Family Welfare of each district shall have to constantly visit the blood banks and blood transfusion centers to ensure that precautions and quality standards laid down in "Standards for Blood Banks & Blood Transfusion Services" are properly maintained by the blood bank concerned. 9. The Project Director of the Assam AIDS Control Society shall also visit the blood banks and blood transfusion centers bimonthly and submit bimonthly inspection reports to the Principal Secretary, Health and Family Welfare department, without a fail. 10. 9. The Project Director of the Assam AIDS Control Society shall also visit the blood banks and blood transfusion centers bimonthly and submit bimonthly inspection reports to the Principal Secretary, Health and Family Welfare department, without a fail. 10. The amicus curiae apprehends that the guidelines might well not be strictly followed as it could be construed only directory in nature : but we feel that the instructions in the guidelines should be mandatorily followed and any violation should be viewed seriously by the State and appropriate legal action should be initiated against the erring persons who manage the blood banks and transfusion centers. 11. The Additional Advocate-General submits that in respect of the victims necessary steps have been taken for giving medical treatment and compensation has also been given to them. 12. Whatever the preventive and control measures laid down in the "Standards for Blood Banks & Blood Transfusion Services" may not be taken as conclusive ones; it is open to the experts in the field to offer their suggestions for effective control and prevention of AIDS(Acquired Immune Deficiency Syndrome). 13. With the above observation the writ petition is disposed of.