Jharkhand High Court Mandates Immediate FIR Registration in HIV Infection Case Involving Minor Thalassemia Patients
In a significant development, the Jharkhand High Court has issued a directive for the immediate registration of a First Information Report (FIR) concerning a distressing incident where five young thalassemia patients contracted HIV. The children, aged between five and seven years, allegedly acquired the infection following multiple blood transfusions administered at the blood bank of Chaibasa Sadar Hospital in West Singhbhum district. This case, which dates back to October of last year, has raised severe questions about the screening protocols and oversight mechanisms at government-operated blood banks in the region.
Court Intervention and Legal Proceedings
Justice Gautam Kumar Chaudhary, presiding over a Writ petition filed on behalf of the affected minors, ordered the police to register the FIR "forthwith". The court further instructed that a copy of the FIR be provided to the complainants and submitted before the court through a counter-affidavit. The petition, advocated by Md Shadab Ansari on behalf of the families, sought not only the registration of the FIR but also a court-monitored investigation into alleged medical negligence and systemic failures at the hospital's blood bank. It emphasized the need for criminal action against those responsible for the lapse.
Background and Impact on Marginalized Communities
During the hearing, the petitioner's counsel highlighted that despite the gravity of the situation, no FIR had been filed until now, forcing the families to seek judicial intervention. The plea underscored that the children belong to marginalized communities, and the HIV infection has inflicted long-term medical, social, and economic hardships on their families. While the state government had announced an ex gratia compensation of Rs 2 lakh for each child, the petition argued that this amount is grossly inadequate considering the lifelong treatment required for managing both thalassemia and HIV.
Future Steps and Broader Implications
Advocate Ansari noted that the court's order to register the FIR is viewed as a crucial step towards establishing criminal liability in this case. The matter is scheduled for further hearings, during which the High Court is expected to consider the plea for a court-monitored Special Investigation Team (SIT) probe. This incident has sparked widespread concern over healthcare safety standards in Jharkhand, prompting calls for stricter regulations and accountability in blood transfusion services to prevent such tragedies in the future.
