Editorial SC grills Centre over blanket blood donation ban on some sections

In a crucial hearing on petitions challenging the blanket prohibition on blood donations by transgender persons, gay men, and sex workers, the Supreme Court on Tuesday urged the Union government to consult medical experts to explore how the “discriminatory elements” of existing guidelines can be revised without compromising public health and safety.

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A bench comprising justices Surya Kant and N. Kotiswar Singh questioned the scientific basis and social consequences of the 2017 "Guidelines on Blood Donor Selection and Referral" issued by the National Blood Transfusion Council (NBTC) and the National AIDS Control Organization (NACO), under the Health Ministry.

Clauses in the guidelines classify transgender persons, men who have sex with men (MSM), and female sex workers as “high-risk” for HIV and permanently bar them from donating blood.

Justice Singh raised a pointed concern with Additional Solicitor General Aishwarya Bhati, representing the Centre:

“What is troubling me is this, are we branding an entire community as risky? Are we, in effect, institutionalising stigma? Unless backed by clear medical data, you cannot assume all transgender persons or gay men engage in risky behaviours. Even heterosexual people can and do, "Justice Singh said.