Guj HC refuses to make PCR tests mandatory for HIV testing

Gujarat High Court today dismissed a PIL which had demanded that Plymerase Chain Reaction tests for HIV detection be made mandatory, especially at blood banks and hospitals.
The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala reasoned that "in examining a question of the nature where a policy was evolved by the government, judicial review is limited".
"Unless the policy or action is inconsistent with the Constitution and the laws are arbitrary or irrational or abuse of powers, the court will not interfere," the court said.
Babulal Thakkar, the petitioner, had said enzyme-linked immunosorbent assay (ELISA) test or the antibody test, which is currently used in India to detect HIV infection, has a window period of three months, so the infection acquired in the previous three months cannot be detected in this test.

ELISA can be replaced by polymerase chain reaction (PCR) test where there is no window period, said Thakkar. It should be made mandatory at blood banks and hospitals, he said.
Last November, the court had directed Ministry of Health and Family Welfare Department to constitute a body of experts to examine the feasibility of making PCR tests mandatory. HC relied on its report in its ruling.

The ten-member committee headed by Sunil Khaparde, Deputy Director General of Department of AIDS Control (Ministry of Health), said high turnaround time in screening the donated blood may lead to a delay in utilisation and may compromise accessibility of blood and blood components.

Introduction of PCR test would necessitate amendment in regulatory framework.
It also opined that such tests do not completely eliminate window period.