SC issues notice to Centre over guidelines banning transgenders from donating blood

The Supreme Court of India on Friday sent notices to the Central Government of India, National Blood Transfusion Council, and National Aids Control Organization after hearing a Public Interest Litigation (PIL) challenging the constitutional validity of Section 12 and 51 of Blood Donor guidelines, 2007. The said guidelines have imposed a ban on people belonging to gender and sexual minority groups from donating blood as they are at risk of sexually-transmitted diseases, like HIV, Hepatitis B, and Hepatitis C. 

The three-judge bench, headed by the Chief Justice of India (CJI) Sharad Arvind Bobde, only after hearing the petition has issued the notices and has made it clear that the decision thereafter will be taken on the basis of the replies. 

"We issued notices to the respondents and we will see their reply," the bench led by CJI Bobde said. 

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The PIL

The PIL has been filed by Santa Singh, a Manipur-based transgender. In his petition, he has pointed out that the repercussions of these guidelines were felt the most by the community last year when the blood banks were running low on supplies because of fewer donations during the pandemic, but still, they were not allowed to donate blood to those in need, even in case of an emergency. 

The petition reads, "The exclusion of transgender persons, men having sex with men and female sex workers from being blood donors and permanently prohibiting them from donating blood solely on the basis of their gender identity and sexual orientation is completely arbitrary, unreasonable, discriminatory and also unscientific."

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No stay on the present Blood Donor guidelines

The apex court while issuing notices to the Centre and the other parties, made it clear that it would not put a stay on Section 12 and 51 of the Blood Donor guidelines in question. Reasoning out for the same, the bench said, "These are medical matters that we don't understand."

Seeking detailed replies on the issue, the Supreme Court outlined that it would not pass an order without understanding the issue. 

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(Inputs from ANI)