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The Blood Bankers’ Legal Handbook The Blood Bankers’ Legal Handbook

The Blood Bankers’ Legal Handbook The Blood Bankers’ Legal Handbook ’
Legal Handbook

By

M.L Sarin
Senior Advocate

Honorary Legal Adviser to
The Indian Society of Blood Transfusion and Immunohaematology And
The Blood Bank Society, Chandigarh

Assisted by

Harpreet Singh Giani

Advocate

March 2003

Dedicated to
Mrs. Kanta Saroop Krishen

A pioneer in the field of
Voluntary Blood Donation in India

Who gave me her daughter, Niti,
to love and to cherish

And who has motivated millions
including my whole family
to share the joy of living
by donating blood

The Blood Bankers’ Legal Handbook The Blood Bankers’ Legal Handbook

The Blood Bankers’ Legal Handbook The Blood Bankers’ Legal Handbook

Sarin Memorial Legal Aid Foundation

Address: # 48, Sector 4, Chandigarh, India
Phone: +91 (172) 740339, 742417.
Fax: +91 (172) 741135
Email: sarins@sancharnet.in

Preface

My first attempt to compile a booklet on the legal
aspects of blood donation was made in 1996 soon after
the Supreme Court judgment was delivered. Since then,
my involvement has increased many fold especially as
Honorary Legal Adviser to the Blood Bank Society,
Chandigarh as well as the ISBTI. The number of my
donations has also reached 79.

Due to my professional preoccupations, I have not
been able to devote as much time as I would have liked
to the present work. But the motivation was very strong
to release this book before the inauguration of the
Rotary and Blood Bank Society Resource Centre at
Chandigarh scheduled for mid 2003.

My thanks are due to Mr. Harpreet Singh Giani,
Advocate, who has assisted me in compiling the entire
manuscript and revising the final proofs for the present
handbook.

M.L Sarin
Senior Advocate
Chandigarh

February 1, 2003

The Blood Bankers’ Legal Handbook The Blood Bankers’ Legal Handbook

The Blood Bankers’ Legal Handbook The Blood Bankers’ Legal Handbook

Mr. Chief Justice (Retd)

S.S. Sandhawalia President
Mr. Anupam Kher
Noted Film Actor

Mr. Jagesh K. Khaitan Treasurer
Jt. Managing Director
Amrit Banaspati Company Limited

Mr. Yashovardhan Saboo
Managing Director
Kamla Dials and Devices Limited

Mr. Sushil Goenka
President & Editor in Chief
Matrix Media Pvt. Ltd.

Mr. M.L. Sarin Secretary General
Senior Advocate
Punjab & Haryana High Court

The Blood Bankers’ Legal Handbook The Blood Bankers’ Legal Handbook

The Blood Bankers’ Legal Handbook The Blood Bankers’ Legal Handbook

The Blood Bankers’ Legal Handbook

The Blood Bankers’ Legal Handbook
Page
1. A brief background 1
2. The Common Cause Case and its aftermath 4
3. Setting-up a blood bank 10
4. Blood Bank Society Chandigarh 13
5. The Rotary & Blood Bank Society
Resource Centre at Chandigarh 15
Appendices
1. Glossary 17
2. NACO guidelines for blood storage centres 18
3. National guidelines for appropriate use of Blood 23
4. National Blood Policy 44
5. Common Cause Vs Union of India 54
6. The ISBT Ethical Code For Blood Donation
and Transfusion 71
7. Relevant extracts from the Drugs & Cosmetics
Rules, 1945 75
8. Bio-medical waste (Management and Handling)
Rules 1998 126
9. Mr ‘X’ Vs Hospital ‘Z’
Legal rights and duties of HIV+ infected blood donors 145
10. Legal Standards for Blood Bags — A case study 159
11. List of addresses 163
12. International Standard ISO 3826 for Blood Bags 165

A Brief Background

Chapter 1
A Brief Background

Today when medical practitioners talk of conserving blood, of collecting each individual unit of blood and even of splitting up every single drop of blood into its most basic usable components, it is almost unbelievable that just a few centuries ago, bad blood was blamed for virtually each and every ailment that afflicted a patient and that bleeding patients was an acceptable form of treating disease. Though this...
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