Delhi HC dismisses PIL seeking govt to take undertaking from plasma receiver to donate it after recovery
May 03, 2021
New Delhi [India], May 3 : The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) seeking direction to the Delhi government to take an undertaking from the receiver of plasma that once recovered, he would donate the plasma within 14 to 28 days after being tested negative instead of first asking them to find a donor.
"Failure to do so shall lead to legal proceedings," the plea stated.
A bench of Justice DN Patel and Justice Jasmeet Singh on Monday while dismissing the plea raised several questions like what would happen if the recovered patient faces another disease, or what will happen when a recovered patent has to immediately go abroad?
The Petitioner, Think Act Rise Foundation, an organization founded by a group of students pursuing their undergraduate studies from Delhi University through its secretary Arjun Kasana, stated that they are not questioning the intent behind asking for a replacement donor as its quite obvious that these plasma banks rely upon volunteerism but if the plasma bank can give an option to provide an undertaking for the donation that later the receiver himself will donate the plasma once he is cured, may save lot many lives.
"It is not forcing the receiver to donate but it is an obligation to donate as even otherwise he has to find a donor as of now in which crucial time is lost," the petitioner said.
The plea stated that as hospitals are widely prescribing it as an alternative therapy for moderate to severe patients, the Delhi government shall frame a guideline to take an undertaking from the receiver that once recovered that the patient shall donate the plasma 14 to 28 days after being tested negative instead of first asking them to find a donor.
The petitioner made clear that undertaking is not forcing the receiver to donate but an obligation towards others as otherwise plasma bank will run out of plasma and crucial time is lost in finding an alternate donor which at many times is leading to the collapse of the patient due to COVID-19.
The Petitioner also mentioned that they lost his friend just because they were not able to find a donor.
"If she would have received she would be fine by now. This way her life could have been saved. If the government could have given them an alternative instead of finding a donor it would have been good," the petitioner submitted.
The plea also sought direction to frame an overseeing body that shall regulate the availability of plasma to accelerate the donation and receiving process.
"The proposal, if implemented, shall save the crucial time for the sick, will help in maintaining the inventory and will encourage plasma donations. All in all, it will help in better management of lives in the current scenario," the plea stated.
