Supreme Court declines plea to make nucleic acid tests compulsory at blood banks

The Supreme Court on Friday (March 13, 2026) refused to order the government to mandatorily conduct “expensive” Nucleic Acid Tests (NAT) to detect diseases before blood transfusions, saying the government does not have specific knowledge of medical science or the costs involved.

A Bench headed by Chief Justice of India Surya Kant noted that States have financial constraints and judges cannot “pretend to understand medical science” to pass judicial orders mandating NAT.

The bench granted freedom to the petitioner – Sarvesham Mangalam Foundation, represented by lawyer A. Velan – to make comprehensive representations to the Health Ministers of the States who “may take appropriate decisions with the help and advice of experts in the field.”

‘No ulterior motive’

During the hearing, the court was seen repeatedly questioning the NGO’s intention to submit the petition. At one point the Board asked Mr Velan: “Do you think PILs are not funded from abroad?”

Mr. Velan said the petitioner did not have any ulterior motives and was merely trying to highlight the plight of thalassemia patients who require frequent blood transfusions and are vulnerable to infected blood transfusions. The petition described such medical mishaps as “preventable tragedies.”

We apply for the right to life

NAT is a highly sensitive molecular technique that detects the genetic material of viruses such as HIV, Hepatitis B and Hepatitis C in the blood. In a previous hearing, the court had asked the petitioner to provide more details about the cost-effectiveness of NAT compared to the more widely used Enzyme-Linked Immunosorbent Assay (ELISA) test. The Chief Justice had questioned whether all States could afford NAT in state blood banks and hospitals.

The applicant argued that the right to safe blood transfusion is a fundamental part of the right to life under Article 21 of the Constitution.

The case gained prominence in the context of reports that at least six children were reported HIV positive in Madhya Pradesh’s Satna district in December 2025 after allegedly receiving contaminated blood transfusions at the district hospital during thalassemia treatment.