"People Can't Be Forced To Donate Plasma": Delhi High Court Dismisses Plea For Law For Compulsory Donation of Plasma With 10K Cost

Observing that the Court can't compel the respondents to draft a law or policy for compulsory donation of plasma, the Delhi High Court on Tuesday (May 6) dismissed a 'baseless and frivolous petition' with costs of Rs.10,000/.

The Bench of Chief Justice D. N. Patel and Justice Jasmeet Singh remarked,

"We can neither compel the respondents to draft law or policy for a compulsory donation of plasma nor we can give any direction to persons, who have recovered from Covid-19 after plasma therapy, to donate plasma for the benefit of other patients suffering from Covid-19. This is a baseless and frivolous petition"

The plea before the Court

The petitioner, one Arjun Kasana (president of Think Act Rise Foundation) submitted that a relative of one of the office-bearers of the petitioner institution was suffering from Covid-19 and was unable to get plasma for the treatment and, therefore, the instant petition was being referred so that the Court may exercise powers under Article 226 of the Constitution of India and direct the respondents to insist the Covid-19 patients, who have recovered after getting plasma therapy, to compulsorily donate plasma.

It was prayed in the plea that:

• Issue a direction to Delhi Government to take an undertaking from the receiver that once recovered, the patient shall donate the plasma 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 or anything that court deems fit as per the prevailing circumstances;
• Issue direction to frame an overseeing body that shall regulate the availability of plasma to accelerate the donation and receiving process. 

Having heard the petitioner and looking at the facts and circumstances of the case, the Court remarked,

"It appears that this is not public interest litigation but a publicity interest litigation."

Therefore, finding no reason to entertain the writ petition, the same was accordingly dismissed with costs of Rs.10,000/- to be deposited by the petitioner with the Delhi State Legal Service Authority within four weeks.

The aforesaid amount will be utilized for the program 'Access to Justice'.

In related news, the Delhi High Court on Monday dismissed a PIL seeking directions for evolving and enforcing the Code of Ethics/Regulations on the TV News Channels for reporting news articles of "sensitive nature" including reporting of mass scale deaths, sufferings by the people in the wake of second Covid wave and to restrain the broadcasters or TV channels from spreading negativity, sense of insecurity towards life, alarm, injury, harm, suffering, damage, etc. while doing so.

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