Why in the News
The Supreme Court of India refused to direct the government to mandate Nucleic Acid Testing (NAT) in blood banks for screening donated blood before transfusions.
Court’s Decision
- A bench headed by Surya Kant declined to issue a judicial order making NAT tests compulsory.
- The Court said judges lack specialised expertise in medical science and cost assessment required for such policy decisions.
- States also have financial constraints, which must be considered before mandating expensive tests.
Direction Given
- The petitioner NGO was allowed to submit representations to State Health Secretaries.
- State governments may decide on NAT adoption with the advice of medical experts.
What is Nucleic Acid Testing (NAT)?
NAT (Nucleic Acid Test) is a molecular diagnostic test that detects the genetic material (DNA/RNA) of viruses in blood.
Detects infections such as:
- Human Immunodeficiency Virus
- Hepatitis B virus
- Hepatitis C virus
Advantages
- Detects infections earlier during the “window period” before antibodies appear.
- More accurate and sensitive than traditional screening tests.
Limitation
- Much more expensive, making universal adoption difficult for many public hospitals.
Current Standard Test
Most blood banks in India currently use the Enzyme‑Linked Immunosorbent Assay (ELISA), which detects antibodies against viruses.
Context of the Petition
- Filed by an NGO to protect thalassemia patients, who require frequent blood transfusions.
- The plea gained attention after several children in Madhya Pradesh reportedly contracted HIV from contaminated blood transfusions in 2025.
Constitutional Argument
- The petitioner argued that safe blood transfusion is part of the Right to Life under Article 21, but the Court held that policy decisions involving cost and technology should be taken by governments with expert input.
| [2019] With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law. (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament. (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet. (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature. |
