The Supreme Court of India sought data on costs and availability of Nucleic Acid Amplification Testing in government hospitals for detecting HIV and hepatitis, while hearing a PIL seeking recognition of the right to safe blood under Article 21.
NEW DELHI: The Supreme Court requested information on the costs and availability of Nucleic Acid Amplification Testing (NAT) in government hospitals nationwide for the detection of Transfusion Transmissible Infections (TTIs) such as HIV and hepatitis.
The court was hearing a public interest litigation (PIL) that seeks to recognize the “Right to Safe Blood” as a component of the right to life under Article 21 of the Constitution, along with a mandatory implementation of NAT in all blood banks.
A bench consisting of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi asked counsel A. Velan, representing the petitioner NGO Sarvesham Mangalam Foundation, to submit details on: the costs of conducting NAT tests, and the availability of these tests in government hospitals to ensure access for economically disadvantaged patients.
The Union Ministry of Health and Family Welfare, along with all States and Union Territories, has been included as a respondent in the plea. The PIL seeks directions to: declare the “Right to Safe Blood” as an essential aspect of Article 21, and mandate NAT screening in all blood banks across India to detect TTIs, including HIV, Hepatitis B, Hepatitis C, malaria, and syphilis.
The petition argues that NAT is a more sensitive screening method that can identify infections during the window period, thereby ensuring a supply of infection-free blood. The petitioner emphasized the vulnerability of Thalassemia patients, who require blood transfusions every 15 to 20 days to survive, and noted that for many of these patients, transfusions have become a risky proposition due to inadequate screening.
Thalassemia, described as an inherited disorder resulting from the body’s inability to produce sufficient hemoglobin, poses a significant health burden in India. The plea highlights the need for enhanced blood safety protocols and standardized screening procedures.
The petition cited various incidents characterized as “preventable tragedies,” including:
- At least six Thalassemia-affected children testing HIV-positive in 2025 after receiving transfusions at Satna District Hospital in Madhya Pradesh.
- Five children contracting HIV following transfusions at Sadar Hospital in Chaibasa, Jharkhand, in 2025.
- Fourteen children in Uttar Pradesh testing positive for hepatitis and HIV after transfusions at a medical college in 2023.
Before addressing the broader issues raised in the PIL, the court has requested additional information regarding the financial and infrastructural feasibility of implementing NAT in government facilities.
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