Whether The Mandatory Medical Blood Transfusion Act, 2020 Violates Article 14 of The Constitution For Being Discriminatory and Arbitrary?

WHETHER THE MANDATORY MEDICAL BLOOD TRANSFUSION ACT, 2020
VIOLATES ARTICLE 14 OF THE CONSTITUTION FOR BEING

DISCRIMINATORY AND ARBITRARY?
1. The Council for the petitioner would like to bring the notice of the Hon’ble
Supreme Court of Industan.
2. That the Mandatory Medical Blood Transfusion Act, 2020 violate article 141 as
this act is completely discriminatory and arbitrary in nature.
“The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India.”
3. The said Article is clearly in two parts – it commands the State not to deny to any
person ‘equality before law’, it also commands the State not to deny the ‘equal
protection of the laws’. Equality before law prohibits discrimination.
4. The fact of “blood transition mandatory in government hospitals where a patient
recovers from Corona virus2” there is no information regarding patients in other
sectors of hospital.
5. Our Country has three sectors of hospital
 government (funded by government)3
 private
 charitable trust hospitals4.
6. As stated in para 6 5, blood donation has been made compulsory to the patients
recovered from deadly disease corona virus in government hospitals whereas the
recovered patients in other sector of hospital which are not funded by
government are not compelled to do so.
1
Indian Constitution, 1950.
2
Para 6, of Moot Proposition.
3
International Health Care System Profiles, The common wealth fund.
4
According to National Health Portal, National Institute of Health and Family Welfare (NIHFW), by the
Ministry of Health and Family Welfare (MoHFW), Government of India.
5
Para 6 Moot Proposition.
6
7. In the case of State Of Tamil Nadu & Ors v. Ananthi Ammal & Ors Supreme
Court held that
“when a statute is impugned under article 14 what the court has

to decide is so arbitrary or unreasonable classification that it
must be struck down”
In this case Hon’ble Court also struck down Tamil Nadu acquisition of land for
Harijan welfare Schemes act7, as its ultra vires to constitution (unreasonable
classification).
8. Referring to the above judgement compulsion of government hospital recovered
patients to donate blood only from one sector without intelligible differentia or
reasonable classification MMBTA, 2020 must be struck down as it is ultra vires
to constitution on unreasonable classification. Therefore Article 14 of the
Industan constitution is violated.
9. Main Challenges Confronting a Public Hospital
 deficient infrastructure,8
 deficient manpower,
 unmanageable patient load,
 equivocal quality of services,
 high out of pocket expenditure.9
taking the infrastructure of government hospital in consideration 60% of

corona ward bed where not disinfected due to less man power, In MP 37
women found lying on floor at sterilisation camp similarly in this case
compulsory donation of blood of the patient will violate his right to equality 10
as other patients in private and trust hospital are free from compulsory
donation and are free to make their choice.
10. As the fact states “The recuperated patients cited poor medical infrastructure in
the government hospitals as the main reason for the denial as they feared a
6
(1995) SCC (1).
7
Harijan welfare Schemes act, 1978.
8
9
Para 1, Moot Proposition.
10
Article 14 of the Indian Constitution, 1950.
serious risk of infections”.11 Due this poor infrastructure of government hospital
83 patients got dengue fever as the windows of hospital was not aligned the way
it should be, both dengue and deadly disease12 COVID-19 can cause severe
illness that can result in death 13 compulsion of a patient to donate blood increases
his stress level and decreases the immunity power to fight the season fever that
will cause during this winter, he will be prone to many future disease which
makes him unequal right to health comparatively. Effectiveness of recovery will
decrease.
11. In the case of Singhal v. Union of India14 Supreme Court held that
Section 66 A of the information technology act , 2000 will be struck

down as its ultra vires to constitution.
Since MMBTA is also ultra vires to Indian constitution on article 14
(under unreasonable classification) it must be struck down
referring to above case
12. Economic crises have made unimaginable impact on the society, “The economy
shrank 23.9% in the last quarter of 2020 while the social impact on the citizens
was unimaginable”15 The swift and massive shock of the coronavirus pandemic
and shutdown measures to contain it have plunged the global economy into a
severe contraction. According to World Bank forecasts, the global economy will
shrink by 5.2% this year.16 That would represent the deepest recession since the
Second World War, with the largest fraction of economies experiencing declines
in per capita output since 187017 , in mid of this economical war, forcing patient
with deadly disease18 COVID to admit themselves in private hospitals where the
fee is not permeant and higher than government hospital influence economic
status and developed mental stress.
13. Due to economical stress if the patient decided to take treatment on trust
hospital , the ratio of trust hospital in each taluk is mostly equal to the
11
12
UN health ministry, February 11, 2020.
13
Centers for Disease Control and Prevention, National Center for Emerging and Zoonotic Infectious Diseases
(NCEZID), Division of Vector-Borne Diseases (DVBD).
14
(2013) 12 S.C.C. 73
15
16
Market Exchange Rate Weightings, 2020.
17
World Bank, Global Economic Prospects, June 2020.
18
UN health ministry, February 11, 2020.
government hospitals , but trust hospitals have not turned the hospital into
COVID-19 treatment centre, ratio of hospitals 19 10 trust hospital in 1 taluk , but
only 2% of them has been turned to covid treatment centre , therefore only 1 trust
hospital in one taluk , where the patients get loaded limitation exceeds which in
turn will reduce the quality of treatment.
14. “They contended that the application of the law being restricted to government
hospitals and exempting private hospitals violates Article 14 of the
Constitution”20, law made to government funded hospital without any reasonable
classification, and exempting the non – government funded hospital is violative
in nature, according to article 1421.
15. Since government hospital is forcing the patient to donate blood, he may be
forced to get admitted in trust hospitals, in that case he may not like the process
of prayer conducted and be mentally disturbed, which in turn will lead him to
less effective for recovery.
19
The Center for Disease dynamics, Economics and Policy, 2020.
20
21
Indian constitution, 1950.

Whether The Mandatory Medical Blood Transfusion Act, 2020 Violates Article 14 of The Constitution For Being Discriminatory and Arbitrary?

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WHETHER THE MANDATORY MEDICAL BLOOD TRANSFUSION ACT, 2020

VIOLATES ARTICLE 14 OF THE CONSTITUTION FOR BEING

“when a statute is impugned under article 14 what the court has

taking the infrastructure of government hospital in consideration 60% of

Section 66 A of the information technology act , 2000 will be struck

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