On 14 February 2010, BLAST joined Ain o Salish Kendra and another in filing a writ petition in the public interest seeking directions to ensure effective enforcement of the Safe Blood Transfusion Act, 2002. This Act requires that blood banks be licensed and operate under certain minimum standards. The Secretary of the Ministry of Health and Family Welfare is responsible for setting up inspections committees to ensure compliance with the Act and responding to reports from the inspections committees. However, these standards are frequently not met. Numerous unlicensed blood banks operate throughout the country collecting blood from “professional donors.” Hospitals and blood collection centers often fail to screen blood, resulting in the transmission of blood-borne diseases to blood transfusion patients. Government monitoring is sporadic or non-existent.

BLAST had earlier conducted a survey of unlicensed blood centres and communicated with government departments in this connection. In 2009, the issue was precipitated when ASK was contacted by an individual who had allegedly contracted Hepatitis C after a blood transfusion conducted at a leading Dhaka Hospital.

The petitioners sought directions from the Court for enforcement of the Safe Blood Transfusion Act, 2002, the Bangladesh Red Crescent Society Order, 1973, and Safe Blood Transfusion Regulations, 2008, to ensure the right to health, which they argued was envisaged by the right to life as guaranteed by Article 32 of the Constitution.

On 16 February 2010, the High Court issued a Rule Nisi directing the Secretary of the Ministry of Health and Family Welfare and the Director General of Directorate of Health Services to report within three months on measures taken to identify and take action against unlicensed blood centers and to inspect all licensed blood centers, to ensure compliance with the law.