Supreme Court to Review Controversial Blood Donation Rules Discriminating Against LGBTQI
(Judicial Quest News Service)
New Delhi,28, July, 2024
The Supreme Court is set to hear a crucial plea on Tuesday regarding the constitutionality of blood donation regulations perceived as biased against LGBTQ+ individuals. The appeal, filed by a Delhi-based gay man, challenges the validity of the Blood Donor Rules, 2017, which currently bar many LGBTQ+ persons from donating blood.
The petition is drawn by Advocate Rohin Bhatt and filed by Advocate Ibad Mushtaq
Sharif, director of the Rainbow Literature Festival, and lawyer Rohini Bhatt are spearheading the challenge. They argue that the rules, enforced by the National Blood Transfusion Council and the National AIDS Control Organisation, unfairly target transgender individuals, sex workers, and LGBTQ+ persons based on outdated prejudices.
The petition highlights that these discriminatory regulations are rooted in outdated views from the 1980s, whereas countries like the US, UK, Canada, and Israel have since revised their guidelines to eliminate blanket restrictions on gay men and gender non-conforming individuals. With advancements in medical technology and screening, the rules are deemed unjust, violating fundamental rights to equality, dignity, and life under Articles 14, 17, and 21 of the Constitution.
The petitioner in his prayer says that “Declare that Clauses 12 and 51 of the Blood Donor Selection Criteria, 2017 are Discriminatory and Unconstitutional for Excluding Men Who Have Sex with Men from Donating Blood Permanently.”
Issue a writ order, or direction directing the Respondent No. 1 to frame
guidelines that allow men having sex with men to donate blood, with
reasonable restrictions based on ‘screen and defer’ or ‘assess and test’
policies
Issue a writ order, or direction directing Respondents No. 1, 2, and 3 to
carry out sensitization programmes while dealing with men having sex
with men who donate blood without subjecting them to invasive
questions, and State AIDS Control Organisations about new policies ,
once they are enacted
