The Supreme Court Today (August 2nd) issued notice in a plea challenging rules that prevent blood donation by gay men, transgender persons and sex workers.
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NEW DELHI: The Supreme Court on Friday issued notice in response to a plea challenging the rules that prevent blood donation by gay men, transgender persons, and sex workers.
A Bench consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra has sought responses to the plea. The guidelines in question, issued on October 11, 2017, by the National Blood Transfusion Council (NBTC) and the National AIDS Control Organization (NACO) of the Union Ministry of Health and Family Welfare, permanently bar transgender persons, female sex workers, and men who have sex with men from being blood donors.
The plea, filed through Advocate Ibad Mushtaq, argues that this blanket prohibition violates the right to equality, dignity, and life protected under Articles 14, 15, 17, and 21 of the Indian Constitution. The plea contends that the guidelines are based on a
“highly prejudicial and presumptive view of gay men from the 1980s in the United States of America (USA).”
It further states that many countries, including the USA, the United Kingdom, Israel, and Canada, have since revisited these views.
From a scientific perspective, the plea argues that such a blanket restriction on blood donation is based on the assumption that a particular group of people may be suffering from sexually transmitted diseases (STDs).
It highlights the advancements in haematology that allow for the screening of blood donors before transfusion. Given this progress, the plea contends that a blanket prohibition based on a discriminatory view of gay individuals is unreasonable.
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