National Human Rights Commission (NHRC): While considering a complaint concerning suffering of children with leukemia at the Government Institute of Child Health (ICH) in Chennai, due to hospital’s failure to obtain a license for an apheresis machine purchased in June 2023, as highlighted in an article by The New Indian Express, the NHRC directed that a copy of the complaint be sent to Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu calling for an Action Taken Report within four weeks.
In an article dated 11-7-2024 published in The New Indian Express, titled “Leukemia patients in Chennai suffer as ICH equipment remains unused for a year”, concerns were raised regarding pitiable condition of children in ICH, Chennai.
The article stated that despite apheresis machine’s (blood components separator) potential to significantly improve platelet availability, it remains unused, forcing patients to seek treatment elsewhere. As a result, hundreds of children in need of platelets at the Government Institute of Child Health (ICH) and Hospital for Children at Egmore are left stranded allegedly owing to the delay in obtaining a license from the State Drugs Control Department for the apheresis machine even a year after its purchase.
An apheresis machine is a device that receives blood from a donor and separates blood components like plasma, platelets, white blood cells, and red blood cells. Usually from a donor’s whole blood (without separating the components), only 50ml of platelet can be obtained; however, by using an apheresis machine, over 250 ml platelet can be obtained from a single donor. But without the machine, five to six donors are required to get the same number of platelets.
The petitioner, a pro bono lawyer, filed a petition under S. 12 of Protection of Human Rights Act, 1993, stating that Leukemia patients on chemotherapy bear most of the brunt as they regularly require more platelets and transfusions. The hospital authorities are yet to secure a license to operate the machine. The parents of patients needing platelets, therefore, are forced to travel to other hospitals.
The petitioner submitted that the material on record shows endangerment of children’s lives, and hence there has been a gross violation of Articles 21 and 47 of the Constitution read with Section 2(d) of the 1993 Act. The petitioner sought that the NHRC takes cognizance of the matter; direct the respondents to take appropriate steps; and call for a comprehensive, time-bound Action Taken Report (ATR) from all the concerned Respondents with respect to said gross inaction.
Taking cognizance of the matter, the NHRC sought ATR from the Department of Health and Family Welfare, Government of Tamil Nadu within 4 weeks. The matter will be taken up in 4 weeks.
[In re. Suffering of Substantial Leukemia patients in Chennai as ICH equipment remains unused for a year, Case No. 1591/22/13/2024, decided on 21-8-2024]
Advocates who appeared in this case :
Petitioner- Y. Balachander Reddy, Advocate
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