The Supreme Court on Friday issued notice in a plea challenging rules that prevent blood donation by gay men, transgender persons and sex workers. [Sharif D Rangnekar v. Union of India and Ors.].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 notified Guidelines on Blood Donor Selection and Blood Donor Referral.These guidelines permanently bar transgender persons, female sex workers and men having sex with men, from being blood donors.As per the plea filed through Advocate Ibad Mushtaq, such a blanket prohibition is a violation of the right to equality, dignity and life protected under Articles 14, 15, 17 and 21 of the Indian Constitution..The plea argues 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 states that since then, many countries including the USA, the United Kingdom, Israel and Canada have revisited these views.Furthermore, it states that from a scientific perspective, 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).The plea highlights the progress made in haematology, which allows for the screening of blood donors before transfusion. Given this advancement, it contends that a blanket prohibition based on a discriminatory view of gay individuals is unreasonable.
The Supreme Court on Friday issued notice in a plea challenging rules that prevent blood donation by gay men, transgender persons and sex workers. [Sharif D Rangnekar v. Union of India and Ors.].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 notified Guidelines on Blood Donor Selection and Blood Donor Referral.These guidelines permanently bar transgender persons, female sex workers and men having sex with men, from being blood donors.As per the plea filed through Advocate Ibad Mushtaq, such a blanket prohibition is a violation of the right to equality, dignity and life protected under Articles 14, 15, 17 and 21 of the Indian Constitution..The plea argues 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 states that since then, many countries including the USA, the United Kingdom, Israel and Canada have revisited these views.Furthermore, it states that from a scientific perspective, 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).The plea highlights the progress made in haematology, which allows for the screening of blood donors before transfusion. Given this advancement, it contends that a blanket prohibition based on a discriminatory view of gay individuals is unreasonable.