The Supreme Court has issued a notice to the Central Government and others regarding a petition from the LGBTQ+ community seeking permission to donate blood. The court has requested a reply within four weeks.
Sharif Rangnekar filed the petition, challenging the constitutional validity of the 2017 rules. Set by the Union Ministry of Health and Family Welfare, the Central Government, NBTC, and the National AIDS Control Organization. The Supreme Court will hear the petition on July 30.
The Central Government previously clarified its stance on the blood donor selection guidelines in an affidavit. The affidavit stated that the rules exclude LGBTQ+, transgenders, homosexuals, and sex workers from donating blood. The Union Ministry of Health and Family Welfare based this exclusion on scientific evidence. Showing higher rates of HIV and hepatitis B or C among these groups.
The Central Government’s affidavit also noted that the excluded categories are at higher risk of spreading hepatitis B or C infection. It cited evidence proving that transgenders, men who have sex with men, and female sex workers face higher risks of HIV and hepatitis.
The 2017 rules completely ban these groups from donating blood. The petitioner argued that this total ban violates the right to equality, dignity, and life under Articles 14, 15, 17, and 21 of the Constitution.
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