The Government Filed An Affidavit In Response To A PIL That Challenges The Blood Donor Guidelines

According to the Union Health Ministry, there is scientific evidence that shows that transgender persons, gay men, and female sex workers are at a higher risk of contracting HIV and Hepatitis B or C infections. As a result, they are excluded from donating blood. This exclusion has been contested in a petition filed in the Supreme Court, which argues that it is discriminatory and unscientific.

The government has submitted an affidavit stating that subject experts recommend excluding two categories from blood donation, and in many European countries, sexually active gay men are also excluded. These issues should be viewed from a public health perspective rather than solely as individual rights, as they fall within the executive domain.

An affidavit was filed in response to a public interest litigation petition that challenges the Union Health Ministry's blood donor guidelines. These guidelines prohibit transgender persons and people with a different sexual orientation from donating blood based on their gender identity and sexual orientation. The petitioner argued that this prohibition is discriminatory, arbitrary, unscientific, and unreasonable, and has prevented many transgender individuals who need blood during the COVID-19 pandemic from obtaining it from their transgender relatives.

In March 2021, the Supreme Court issued a notice regarding the responsibility of the Central government. The government highlighted that the right to receive safe blood outweighs the individual right to donate blood.

The government argues that for the blood transfusion system in the country to be functional, it is essential for both the donor and the recipient to have complete trust in the system's safety. The ministry emphasizes the need to consider practical realities while evaluating guidelines. While addressing a specific case, it was noted that the petitioner did not dispute the exclusion mechanism for those at risk of HIV and Hepatitis infections but only challenged the inclusion of transgender individuals and gay men.

However, the government also notes that just testing donors from these groups for HIV and Hepatitis is not enough to guarantee that the recipient won't get infected. They need to balance the practicalities of the situation with the safety of the blood transfusion system. Therefore, the request to allow transgender individuals and gay men to donate blood must be dismissed.