May 9, 2002
Islamabad: Consume Rights Commission of Pakistan (CRCP) has deplored the
delay in enactment of legislation Bill for the safety of blood transfusion,
which awaits enactment since September 1994 pm account of procedural delays
for fulfilling the legal requirements. The main issue responsible for the
delay is that whether the Bill is to be enacted at national level or provincial
one. CRCP stressed that it should be enacted without further delay at nay
level. The level of implementation could be changed later, if required.
CRCP Secretary-general Mian Abrar Hafeez, highlighted the need for the legislation. He said that the patients undergoing transfusion of blood are vulnerable to number of communicable diseases such as HIV/AIDS, syphilis, malaria, and Hepatitis B and C. The probability of being infected is increased due to huge amount of blood transfusion in Pakistan. Approximately, 4000 bags of blood are transfused daily in the country, of which, only 10 per cent blood undergoes required screening tests. The risks of infection are increased in the private sector, where 60 per cent blood transfusions take place, since very few medical centers and hospitals have the blood screening facilities.
Apprising of the progress in the legislation for safe blood transfusion, he said that the first draft legislation Bill for Safety Blood Transfusion was approved in 1994 by the then Prime Minister. The National AIDS Programme and the Ministry of Health drafted the bill for he whole country. The law Division, however, pointed out that the subject was on the concurrent list, and therefore, the provinces have to be involved in the process.
Mr. Hafeez appreciated the efforts of the Ministry of Health saying that the Ministry has pursued the matter actively according to the requirements as pointed out by the Law Ministry. While lamenting the delay owing to legal complexities involved in the issue, he told that the Ministry of Health obtained the consent of all provinces and redrafted the "Islamabad Transfusion of Safe Blood Act 1996," which was moved in the Senate on October 1, 1996. the provinces were required to set up blood transfusion authorities or committees. So far the Sindh Assembly has passed the legislation bill, while other provinces are at various stages in developing legislation Bills for safe blood transfusion.
Meanwhile, another private bill titled "the National Safe Blood Monitoring and Transfusion Authority Bill, 1996, was moved in the Senator. The National Institute of health (NIH) was asked by the Law and Justice Division to technically compare the contents of two Bills. Since the official bill was technically more sound and comprehensive according to the findings of the NIH experts, the NIH opposed the private bill. The fate of the latter bill is still uncertain.
The "Islamabad Transfusion of Safe Blood Act, 1998" was finally given concurrence for introduction in the Senate by the Senate's Standing Committee on Health. However, the Ministry of Law observed in 1999 that infectious and contagious diseases contacted through the transfusion of unclean blood in one province could spread to other provinces, therefore, it should be a National Bill covering the whole of Pakistan.
Deliberating on the current situation, Mr. Hafeez said that the Ministry of Health had withdrawn the bill from the Senate redrafted it for the whole Pakistan enumerating the role of the provinces in it. The bill was sent to the provinces for vetting in 1999. the current situation is that the comments of provinces on the Bill are still awaited by the Ministry of Health. The position of Law Commission us also not clear yet.
Mr. Hafeez while expressing concern over procedural delays arising out of uncertainty in the constitutional status of the bill , demanded that it should be enacted at without further delay because the absence of such legislation has serious implication for the patients. It was impressed upon the government to expedite the process of enactment of the Bill by taking immediate notice of the issue.