Right to Life & Health

Case Name and Number:

Safe Blood Transfusion Case, Writ Petition No. 1360 of 2010

Parties:

ASK, BLAST and Ainur Rashid Vs. Bangladesh and others

Court:

High Court Division of the Supreme Court.

Judges:

Mr. Justice Syed Mahmud Hossain and Mr.Justice A.T.M. Fazle Kabir.

ASK’s Role:

Co-Petitioner

Conducting Lawyer:

Sara Hossain.

Subject Matter:

Being victim of unsafe blood transfusion one Ainur Rashid was personally aggrieved of failure in discharge of statutory duties of government authority responsible for overseeing the matter.

Court’s Response:

The Court issued a Rule Nisi calling upon the Secretary, Ministry of Health and Family Affairs and the Director General, Directorate of the Health Services to show cause as to why their constitutional and statutory duties to take effective measures to inspect and monitor the operation of licensed blood banks and/or to prevent the unchecked operation of unlicensed blood banks and to take action against those responsible for the transfusion of unscreened and unsafe blood in violation of the Safe Blood Transmission Act 2002 and Safe Blood Transmission Rules 2008 should not be declared to be without lawful authority and violative of fundamental rights as guaranteed under Articles 31 & 32 of the Constitution and why they should not be directed to disseminate information through Bangladesh Betar and Bangladesh Television regarding the screening of Blood prior to transfusion and other provisions of the relevant laws. Pending hearing of the Rule the respondents are directed to report to the Court on (i) measures taken to identify whether any unlicensed blood centers are in operation, together with a list of such blood centers and any action against those responsible, (ii) measures taken to inspect all existing licensed blood centers and examine whether they are fully compliant with the provisions of laws. 

Current Status:

The case is pending for final hearing.

ASK Contact:

Abu Obaidur Rahman, Deputy Director, Legal Advocacy & Policy Reform Unit. Email:ask@citechco.net