Ranchi, A writ petition has been filed before the Jharkhand High Court seeking ₹1 crore compensation each for five children who were allegedly infected with HIV after receiving ‘contaminated’ blood transfusions at the Chaibasa Sadar Hospital blood bank in West Singhbhum district in October last year.
Advocate Mohammed Shadab Ansari, who filed the petition on behalf of the children, aged between five and seven years, said the petitioners, suffering from Thalassemia Major, a genetic blood disorder requiring regular transfusions, belong to Scheduled Tribe and OBC communities in West Singhbhum and Saraikela-Kharsawan districts.
“Their families live in kutcha houses and are daily wage labourers,” he added.
“The petition seeks ₹1 crore compensation for each child along with lifelong free and quality medical treatment, including safe screened blood transfusions, Anti-Retroviral Therapy drugs, regular CD4 count and viral load monitoring, and specialised nutritional support,” he added.
It also seeks pucca housing for the families, constitution of a special medical board, and counselling support to deal with social stigma.
“One of the children, a 7-year-old boy, allegedly contracted HIV after a blood bank staff member with a prior grudge intentionally administered infected blood, according to a family complaint. Both parents have tested negative for the virus,” the legal counsel of the petitioner added.
While the state government announced a compensation of ₹2 lakh to each of the families of the children and suspended some officials, the petition argues this is “grossly inadequate” and that families face severe social stigma, financial hardship, and even eviction.
The petition cited a 2023 Supreme Court precedent where substantial compensation was awarded in similar HIV transfusion cases, arguing the state is vicariously liable for “egregious medical negligence” violating Article 21 of the Constitution.
“The matter is expected to be listed for hearing shortly,” Ansari said.
The high court had on April 8 directed the Jharkhand government to file a supplementary affidavit detailing the investigation into the alleged transfusion of HIV-infected blood to the five children.
“Though by registering an FIR, primary grievance of the petitioners seems to have been redressed, but considering the gravity of the offence when several children have been infused with HIV infected blood, thus jeopardising their future, it would be necessary to ensure that the persons who are responsible for such criminal act needs to be brought to justice,” the HC order had stated.
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