Plea In Jharkhand High Court Seeks FIR Over Alleged HIV-Infected Blood Transfusion To Minor Thalassemia Patients

A writ petition has been moved before the Jharkhand High Court seeking registration of an FIR over allegations that HIV-infected blood was transfused to minor Thalassemia patients at the Blood Bank of Chaibasa Sadar Hospital, West Singhbhum, in October 2025.

Advocate Md Shadab Ansari, appearing for the Petitioners, has stated in the plea that the Petitioners are minor children suffering from Thalassemia, a lifelong genetic blood disorder which requires regular blood transfusions. The petition alleges that during the course of treatment at Chaibasa Sadar Hospital, the children were transfused with blood infected with the Human Immunodeficiency Virus (HIV).

The Petitioners contend that the incident reflects gross medical negligence and involves supply of adulterated/spurious blood, resulting in a serious threat to life and health. They submit that the incident violates the Petitioners' fundamental right to life under Article 21 of the Constitution, and attracts liability under the Drugs and Cosmetics Act, 1940, the HIV and AIDS (Prevention and Control) Act, 2017, and relevant provisions of the Bharatiya Nyaya Sanhita, 2023.

While noting that the State Government has reportedly admitted lapses and suspended certain officials, the Petitioners argue that no FIR has been registered so far, despite complaints by the victims' families. They allege that the police have failed to initiate criminal proceedings even though the facts disclosed constitute cognizable offences, including offences relating to adulterated drugs and endangerment of human life. The Petition further notes:

“That the Petitioners belong to marginalized tribal communities and their families are facing extreme social stigma, economic hardship, and a complete disruption of their lives. The compensation of Rs. 2 Lakhs announced by the State is grossly inadequate for lifelong treatment and rehabilitation…That the present writ is with regard to the systemic failures in the public health system of Jharkhand, particularly the Blood Bank mismanagement, which led to this catastrophe.”

Among other reliefs, the Petitioners have sought the constitution of a Special Investigation Team (SIT) to be monitored by the High Court, for conducting a fair, impartial, and time-bound investigation, and for fixing criminal liability on all persons and entities responsible.

The Petitioners have framed key questions of law including whether the police's failure to register an FIR violates their statutory duty under Section 173 BNSS (corresponding to Section 154 CrPC), whether the incident attracts offences under Section 27 of the Drugs and Cosmetics Act, 1940, and whether the Court can exercise its powers under Article 226 to direct FIR registration and monitor investigation through an SIT, particularly given the vulnerability of the victims and the alleged systemic nature of the lapse.

Title: Deepika Hembram and Ors v. State of Jharkhand and Ors

Appearance: Advocate Md Shadab Ansari appears for the Petitioner.