New Delhi: The Supreme Court has issued a notice to the Indian government and relevant health authorities challenging regulations that prohibit blood donation by gay men, transgender individuals, and sex workers.
A bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra sought a response from the central government, the National Blood Transfusion Council (NBTC), and the National AIDS Control Organisation (NACO).
The petitioners argue that the 2017 guidelines issued by the NBTC and NACO, which permanently bar transgender, female sex worker, and LGBTQI+ individuals from donating blood, are discriminatory and unscientific. These guidelines, they claim, are based on outdated and prejudiced assumptions about these groups prevalent in the 1980s.
The plea, filed by Sharif D. Rangnekar, contends that many countries, including the United States, the United Kingdom, Israel, and Canada, have revised their blood donation policies to adopt more inclusive and evidence-based approaches.
The petitioner emphasizes that a blanket ban on blood donation based on sexual orientation or gender identity is discriminatory and violates fundamental rights to equality, dignity, and life guaranteed under the Indian Constitution.
Rangnekar has requested the court to direct the government to formulate guidelines that permit blood donation by gay and LGBTQI+ individuals while implementing reasonable screening and testing procedures to ensure blood safety.
The Supreme Court will hear the case at a later date.
