New Delhi, March 12 The Centre informed the Supreme Court on Thursday that experts have advised against diluting the guidelines that prohibit transgender individuals, gay men, and sex workers from donating blood.
The Centre, before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, stated that following the Supreme Court's direction passed last May, experts have re-evaluated the issue.
"There is a revised opinion that if this restriction is eased, it would be detrimental to others," Additional Solicitor General Aishwarya Bhati, representing the Centre, said.
The Supreme Court was hearing three petitions challenging the 2017 guidelines that exclude transgender individuals, men having sex with men, and female sex workers from being blood donors.
During the hearing, senior advocate Jayna Kothari, representing the petitioners, argued that the "discriminatory" guidelines impose a blanket ban on transgender individuals from donating blood.
The Chief Justice asked, "What is a compelling reason for us to issue such a directive?"
The bench stated that millions of poor people rely on blood banks, and they cannot afford private hospitals.
"Even if there is a 1 per cent chance of infection, why should they be affected?" the Chief Justice questioned.
The petitioners' counsel argued that while there should be no more than a 1 per cent risk for anyone, once blood is donated by a person, it is tested, including HIV testing.
The Supreme Court pointed out that donation and acceptance are voluntary.
The counsel further stated that a heterosexual person's blood could also be risky.
The bench, which described the case as "luxury litigation," admitted the petitions for hearing.
While hearing the matter last May, the Supreme Court directed the Centre to seek expert opinion on removing the bias in the guidelines that prohibit transpersons, gay men, and sex workers from donating blood.
The Centre stated that the guidelines challenged in the petitions were issued by the National Blood Transfusion Council, which considered these categories as "high-risk" and prohibited them from donating blood.
The petitions challenge the 2017 Guidelines on Blood Donor Selection and Blood Donor Referral issued by the National Blood Transfusion Council and the National Aids Control Organisation under the aegis of the Union health ministry.
The Centre, in its response, cited "substantial evidence" to demonstrate that transpersons, men having sex with men, and female sex workers are at "risk of HIV, Hepatitis B or C infections".
On September 6, 2023, the Supreme Court stated that a recipient must be assured of receiving clean blood.
The petitioners contended that asking people to disclose their sexual identity and orientation for blood donation is discriminatory.
One of the petitions alleged that transpersons, gay and bisexual men, who requested to donate blood during the Covid-19 pandemic, when their community and family members needed blood for emergency medical treatment, were turned away due to "permanent deferral under the impugned guidelines".
The petition argued that these guidelines are "stigmatising" as they are not based on how HIV transmission actually occurs or on the actual risk involved in specific activities, but on the sexual identity and orientation of the donors.