Anisur Rashid, ASK and BLAST vs. Bangladesh and others [‘Safe Blood Transfusion’ Case]

Writ Petition No. 1360 of 2010

High Court Division of the Supreme Court of Bangladesh

Facts:
BLAST, along with Ain o Salish Kendra (ASK) and an alleged victim of unsafe blood transfusion, filed a writ petition challenging the failure of the Government to implement the provisions of the Safe Blood Transfusion Act, 2002 and the Rules thereof and to prevent the operation of unregistered blood transfusion centres. Lack of monitoring for compliance with the statutory requirements in authorised transfusion centres was also challenged.

Argument
: The petitioners argued that the failure of the authorities to implement the provisions of the Safe Blood Transfusion Act, 2002 and Rules thereof affected safe blood transfusion and placed peoples’ lives at stake by making them vulnerable to disease and infection through unsafe blood transfusions. The availability of unscreened blood and the continuing use of blood donated by professional donors was particularly unsafe. The petitioners argued that the operation of unregistered blood transfusion centres in complete impunity, disregarding all statutory requirements, constituted a violation of the right to life as guaranteed under Article 31 of the Constitution.

Order
: The High Court issued a Rule Nisi 16.02.2010 on the Secretary of the Ministry of Health and the Directorate General of Health Services to explain within three months their failure to take appropriate action to prevent operation of unauthorized blood transfusion centers, and to submit within four weeks a report of all centers operating without registration and to ensure compliance with the provisions of the Act and Rules in all authorized centers.

Laws Cited:
Constitution, Article 31; The Safe Blood Transfusion Act, 2002; The Safe Blood Transfusion Rules, 2008

Status: Pending hearing

 

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