Supreme Court Refuses To Entertain Plea For Mandatory NAT Test In Blood Banks

The Supreme Court on Friday refused to entertain a writ petition seeking to make Nucleic Acid Test (NAT) mandatory in blood banks while accepting blood donations.

Observing that NAT is a more expensive process, as admitted by the petitioner itself, the Court said that it cannot issue a direction to make it mandatory, as it will create an extra financial burden on the States.

A Bench comprising Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi observed that the issue raised by the petitioner relates to the introduction of a new medical technology and does not involve the interpretation of any existing law warranting judicial intervention.

The Court observed that determining whether NAT testing should be made mandatory involves specialised medical knowledge and policy considerations which the Court is not equipped to assess.

While declining to entertain the petition, the Court granted liberty to the petitioner to make a representation before the Ministry of Health and Family Welfare for consideration of the issue at the policy level.

The petition was filed by an organisation, Sarvesham Mangalam Foundation.

The petitioner submitted that the Nucleic Acid Test (NAT) is a highly sensitive molecular technique that detects the genetic material (DNA or RNA) of viruses like HIV, Hepatitis B (HBV), and Hepatitis C (HCV) directly in the blood.

The counsel explained that through NAT blood testing, a vast number of infections can be identified, as compared to the common method of ELISA testing (Enzyme-Linked Immunosorbent Assay). He added that NAT testing presently only being used in Delhi's government Hospitals.

Case Details : SARVESHAM MANGALAM FOUNDATION Vs UNION OF INDIA| W.P.(C) No. 184/2026