Imperative Need of Conscripting a Legal Regime on Blood Transfusion

Abstract

Hospitals, clinics and health care establishment while treating patients are at times required to suggest blood transfusion for various ailments, surgery and cases of accidents. Patients, relatives and attendants are required to fend for themselves due to absence of any comprehensive law and regulation mandating supply of blood through such establishments. The 2800 odd licensed blood banks do not have adequate stock as voluntary blood donations are yet to pick up in the country. Licensing too cane to be introduced after banning of the operation of unlicensed blood banks by the Supreme Court. Hence most of the blood comes either from friends and relatives of patients or commercial donors which may not be of high quality. The endeavour of the author has been to address the issue of absence of a comprehensive legal regime to ensure hygienic collection, safe storage and supply of whole blood and blood components. The resolutions, guidelines and guidance documents of the World Health Organisation as well the National Blood Policy has been analysed in relation to the implementation agencies. The provisions of the Drugs and Cosmetics Act and the Clinical Establishments Act in relation to blood banks safe transfusion reveal the shortcomings and highlight the necessity of a specific law on this score. Analysis of judgments of the Supreme Court and recommendations of the Consumer Forums reveal and reflect the current state of affairs in the shape of much avoidable harm suffered by patients either on account of transfusion of contaminated blood or negligence on the part of health care professions involved in the process. Such a measure can lead to promotion of safe and healthy blood transfusion by encouraging donors targeting at cent percent voluntary bold donation. It can also lead to measures at accountability.