COMMON CAUSE versus UNION OF INDIA AND ORS.

COMMON CAUSE versus UNION OF INDIA AND ORS.

Serious deficiencies and malpractices in blood banks necessitate the establishment of a national and state regulatory framework, immediate licensing, improved enforcement, and institutional mechanisms for oversight and funding to protect public health.

Parties
Petitioner: COMMON CAUSE; Respondent: Union of India; Intervener: Indian Red Cross Society; Intervener: Indian Association of Blood Banks; Respondent: State of Arunachal Pradesh; Respondent: State of West Bengal; Respondent: State of Kerala; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
04 January 1996
Procedural Posture
Writ Petition (civil) No. 91 of 1992 / Disposition of the Writ Petition After Consideration of Committee Reports and Arguments
Outcome
Petition disposed of with directions; no order as to costs.
Legal Topics
Blood Banks Regulation, Public Interest Litigation, Health and Safety, Licensing and Enforcement
Constitutional Law Public Health Law Administrative Law Blood Banks Regulation Public Interest Litigation Health and Safety Licensing and Enforcement

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Parties

COMMON CAUSE

Petitioner

Union of India

Respondent

Indian Red Cross Society

Intervener

Indian Association of Blood Banks

Intervener

State of Arunachal Pradesh

Respondent

State of West Bengal

Respondent

State of Kerala

Respondent

State of Punjab

Respondent

Procedural Posture

Writ Petition (civil) No. 91 of 1992 / Disposition of the Writ Petition After Consideration of Committee Reports and Arguments

Legal Issues

  1. 1 Whether deficiencies in blood bank operations require court directions for public health and safety
  2. 2 Whether the Union of India and States must implement schemes for regulation and improvement of blood banks
  3. 3 Whether new statutory or administrative bodies should be constituted for oversight

Ratio Decidendi

Serious deficiencies and malpractices in blood banks necessitate the establishment of a national and state regulatory framework, immediate licensing, improved enforcement, and institutional mechanisms for oversight and funding to protect public health.

Court Disposition

Petition disposed of with directions; no order as to costs.

Orders

  • Union Government to establish forthwith a National Council of Blood Transfusion as a society under the Societies Registration Act.
  • State Governments/Union Territories to establish State Councils for blood transfusion.