Law and Transfusion

Blood and blood components are categorised as a “Drug” under Section 3(b) of Drugs and Cosmetics Act, 1940 because of their internal administration. This Act and the Rules thereof provide the legal framework for regulating the functions of blood banks, which in turn directly impart and determine the quality of the blood transfusion service delivery in the- country. Since initial formalities, the ambit of the Drugs and Cosmetics Act1940, has been expanded and the Rules have frequently been amended to incorporate blood as drugs because of their internal administration and use in treating diseases. The transfusion of blood cells is also transplantation and cells must survive and function after transfusion in order to have therapeutic effect. As with drugs, adverse effects may occur due to blood transfusion. All these necessitates careful consideration and handling of service in accordance with the law of the land.

Article 21 under part III titled fundamental rights of the Constitution of India clearly spells out that no person shall be deprived of his life. Blood transfusion can be life saving and also can be fatal, therefore, comes under this section of fundamental rights. Besides under chapter XIV of the Indian Penal Code Section 269 provisions for fine and imprisonment for negligent act likely to spread infectious disease dangerous to life and section 270 of the Malignant Act likely to spread infection of disease dangerous to life covers blood transfusion and blood banking in all aspects.

Consumer Protection Act
Consumer Protection Act of 1986 came into force in July, 1987 for all goods and services, covers all sectors - private, public, cooperative etc It enshrines the six rights of the consumers:

• Right to safety
• Right to be informed
• Right to choose
• Right to be heard
• Right to seek redressal
• Right to consumer education.

The portions of the Act are compensatory in nature.

Supreme Court Directive
The Supreme Court on November 13, 1995 upheld the National Consumer Commission’s judgement of April 1992, whereby patients who received deficient services from medical professions and hospitals are entitled to claim damages under this Act. Naturally, blood banking service comes under this Act and both donor and recipient may take the cover of this Act.