Delhi High Court Declines Interim Ban On NHM's Use Of Patented Sickle Cell Screening Card

The Delhi High Court has, in an interim order, declined to stop the National Health Mission (NHM) from using a genetic screening card patented by a Kerala-based doctor as part of its Sickle Cell Anaemia Elimination Mission.

The court observed that public health considerations warranted allowing its continued use at this stage despite the doctor's prima facie rights over the card.

"Even though the petitioner has prima-facie made-out her rights to the cards as averred in the petition, in the higher interests of public health, this court refrains from restraining the respondents from using the cards as part of that mission," Justice Anup Jairam Bhambhani held.

The court, however, restrained the Ministry of Health and Family Welfare and the National Health Mission from further disseminating the contents of its February 19, 2025, communication. The communication stated that the GIPCI Card was developed on the basis of a Madhya Pradesh government prototype.

The petition was filed by Dr. Smita Nisanth Nambison, who holds a patent and copyrights over the Genetic Inheritance Prediction Counselling Identification (GIPCI) Card. According to her, the card is used to counsel tribal populations about the genetic risks of diseases such as sickle cell anaemia before marriage or childbirth.

Dr. Nambison contended that the Ministry of Health and Family Welfare and state health missions have been using the patented card under the government's Sickle Cell Anaemia Elimination Mission without obtaining a licence from her.

She also relied on a September 2022 email from an NHM consultant. In the email, the ministry sought material relating to the "GIP card designed by you" and acknowledged her long association with sickle cell elimination work.

However, in a communication dated February 19, 2025, the ministry informed mission directors across states that the card's specifications had been developed by a Madhya Pradesh state task force committee in 2021. It also said the version adopted by the NHM was based on a prototype prepared by the Madhya Pradesh government.

Dr. Nambison argued that the ministry had initially acknowledged her as the designer of the card. She said it later attributed the card's origin to the Madhya Pradesh government, thereby misrepresenting her intellectual property rights. She challenged the February 19, 2025 communication as well as an earlier communication dated November 11, 2024. She also sought directions restraining the authorities from making similar claims in the future.

The court noted that Dr. Nambison had, prima facie, established her rights over the GIPCI Card. It nevertheless declined to restrain the authorities from using the card, noting that it is being used as part of the Sickle Cell Anaemia Elimination Mission under the National Health Mission.

At the same time, the court granted limited interim protection. It restrained the Ministry of Health and Family Welfare and the National Health Mission from further disseminating the contents of the February 19, 2025 communication insofar as it represents that the GIPCI Card was developed on the basis of a Madhya Pradesh government prototype until the next date of hearing.

The court issued notice on the petition and the interim application. It directed the authorities to file their replies.