On Friday, the Supreme Court issued a notice in response to a petition challenging regulations that bar blood donation by gay men, transgender individuals, and sex workers.
A Bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra sought responses to the plea.
On October 11, 2017, the National Blood Transfusion Council (NBTC) and the National AIDS Control Organization (NACO) of the Union Ministry of Health and Family Welfare issued the Guidelines on Blood Donor Selection and Blood Donor Referral. These guidelines impose a permanent ban on blood donation by transgender individuals, female sex workers, and men who have sex with men.
The plea, filed through Advocate Ibad Mushtaq, argues that this blanket prohibition violates the constitutional rights to equality, dignity, and life, as guaranteed under Articles 14, 15, 17, and 21 of the Indian Constitution.
The plea contends that the guidelines are rooted in outdated and prejudiced views of gay men from the 1980s in the United States. It highlights that numerous countries, including the USA, the United Kingdom, Israel, and Canada, have since reassessed and updated their policies.
Additionally, the plea argues that from a scientific standpoint, the blanket restriction on blood donation presumes that a specific group is more likely to have sexually transmitted diseases (STDs), which is an unjustified assumption.
The plea emphasizes advancements in hematology, which now enable thorough screening of blood donors before transfusion. It argues that, given these advancements, a blanket prohibition based on discriminatory views of gay individuals is unreasonable and outdated.
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