COMMON CAUSE versus UNION OF INDIA AND ORS.

Citation: [1996] 1 S.C.R. 89 · Decided: 04-01-1996 · Supreme Court of India · Bench: S.C. AGRAWAL, G.B. PATTANAIK · Disposal: Disposed off
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Judgment (excerpt)

,. 
COMMON CAUSE 
v. 
UNION OF INDIA AND ORS. 
4THJANUARY, 1996 
[S.C. AGRAWAL AND G.B. PATTANAJK, JJ.] 
Constitution qf India--Article 32-PiL--Blood Banks-Serious defi-
ciencies and shortcomings in the lnatter o.f collection, storage, supply of blood 
through various blood agencies operating in lndia--Com.tnittee appointed by 
A 
B 
the Court-Report sub1nitted-Programme for preventing infectior~ and C 
strengthening of blood banking system in the Country--Directions issued. 
Drugs and Cosmetics Act, 1940 and Rules, 1945. 
Part Xll-B-Blood Banks prescribed requirement regarding equ1jJ1nent, 
blood collection, supplies and emergency equipment etc. 
A petition was filed by way of Public Interest Litigation under 
Article 32 of the Constitution to ensure that proper and concrete steps in 
a time bound programme are initiated to obviate the malpractices, mal-
functioning and inadequacies of the blood banks all over the country and 
D 
to place before the court specific programme of action aimed in order to 
E 
over come the deficiencies in the operation of blood hanks. In the petition 
resume was under to this report was submitted in 1990 hy Mis. A.F. 
Ferguson & Co. a consultancy firm who had been entrusted by the 
Government of India to study the blood banking system in the country. The 
said report highlighted the deficiencies with regard to the facilities of 
F 
testing blood, licensing of blood banks and professional donors and 
storage of blood. During the pendency of the petition the petitioner 
submitted a draft scheme and the Union of India also submitted a Scheme. 
The Court thereupon constituted a Committee to suggest the necessary 
steps for further strengthening the existing frame work about licensing and 
operation of blood banks and obtaining blood donations. The said Com-
G 
mittee in coordination with Indian Red Cross Society submitted its final 
report containing recommendations for revamping the system of blood 
banks in the country in the form of plans for implementation on immediate 
basis and for long term implementation. The Committee also took note of 
the programme for preventing infection and strengthening of Blood Bank· 
H 
89 
90 
SUPREME COCRT REPORTS 
[1996] l S.C.R. 
A 
ing System in the country that is being implemented by the National Aids 
Central Organisation . 
Disposing of the Writ Petiltion in the light of the report of the 
committee constituted by the court as well as the report of the committee 
of Experts set up by the Indian Red Cross Society and the programme that 
B 
is being implemented by the National Aids Control Organisation the Court 
directed : 
c 
D 
E 
F 
HELD : 1. The Union Government shall establish a National Council 
of Blood Transfusion as a society registered under Societies Registration 
Act. It would have representatives from the Directorate General of Health 
services of the Government of India, the Drug controller of India, Ministry 
of Finance and the Government of llndia, Indian Red Cross Society, Private 
Blood Banks, including the Indian Association of the Blood Banks, major 
medical health institution of the Country and non-governmental organisa-
lion active in the field of securing voluntary blood donations. The Addi-
tional Secretary in the Ministry of Health could be the Preside0t of the 
National Couocil. [107-A-C] 
2. The National Council shall have a Secretariat at Delhi under the 
charge of a Director. The funds for the functioning of the National Couocil 
shall be provided by the Governllllent of India but the National Council 
shall be empowered to raise funds from various other sources including 
contributions from trade, industry and individuals. The Government of 
India should find out ways and means to secure grant of 100% exemption 
from income tax to the donor in respect of donation made to the National 
Council or State Council. [107-D; 104-F-G] 
3. There shall be State Council in each State/Union Territory which 
shall be registered under the Societies Registration Act. It should be a repre-
sentative body having in it representation from Dfrectorate of Health Serv-
ices in the State, State Drug Control.ler, Department of Finance of the State 
Government, Union Territory Administration important medical i.nstitution 
' 
G in the State/Union Territory, Indian Red Cross Society, Private blood banks, 
Non-governmental organisation active in the field securing voluntary blood 
donations. The Secretary of the Government in charge of the Depar
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