Why Some Groups Are Excluded from Blood Donation: Centre’s Explanation

Balasahana Suresh
Government’s Position in the supreme Court

The Government of India has informed the supreme court that it is retaining the prohibition on blood donations by transgender persons, men who have sex with men (gay men), and female sex workers, despite legal challenges to these rules. This update was presented during hearings on petitions that challenged the 2017 Guidelines on Blood Donor Selection and Blood Donor Referral issued by the National Blood Transfusion Council and the National aids Control Organisation.

Reason Given: Public health and Safety

According to the Centre, expert committees have reaffirmed that relaxing the ban could pose health risks to recipients of donated blood. The government’s lawyers told the court that if the restriction is diluted, it may be injurious to recipients, particularly vulnerable patients who rely on safe, screened blood for free or low‑cost transfusions.

The authorities argue that these groups are categorised as “high‑risk” for serious infections such as HIV/AIDS, hepatitis B, and hepatitis C, based on available epidemiological data and expert opinion. The underlying idea — as the Centre presented it — is to minimise even the smallest chance of infection entering the blood supply, especially in settings where advanced screening technologies may not always be available.

What the Policy Means in Practice

  • Under the 2017 blood donor guidelines, certain populations — including transgender persons, men who have sex with men, and female sex workers — are permanently deferred from donating blood.
  • This is not a rule based on personal dignity or worth, officials claim, but a precautionary public health measure designed to protect recipients from transfusion‑transmitted infections.
  • The supreme court, while listening to the petitions, has shown concern about discrimination and called for expert review, but the government has defended the current guidelines as necessary to uphold high safety standards.
Ongoing Debate

Legal experts, activists, and human‑rights advocates argue that the ban is discriminatory and not scientifically justified, especially since modern screening tests can detect infections in donated blood regardless of a donor’s identity. However, as of the latest court hearings, the government has maintained the rules based on expert opinions prioritising precaution and public health safety.

 

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