New Delhi: The Supreme Court on
Wednesday expressed concern over the labelling of the entire community of transgenders as
“risky” blood donors. The court urged the Centre to address these concerns
and reconsider the blanket restrictions.

“Are we going to
brand all transgenders as risky and stigmatise them. You cannot say that all
transgenders are indulging in sexual activity,” said a bench of Justices
Surya Kant and N Kotiswar Singh. The apex court was
hearing a petition challenging the constitutional validity of Sections 12 and 51
of the Blood Donor Guidelines, 2017, which has imposed a blanket ban on transgender
persons from donating blood.Also Read:Disability guidelines for MBBS admissions: Supreme Court deadline to NMCThe Petitioner, who is a
member of the transgender community, is filing the present Writ Petition in
public interest, on behalf of all transgender persons, challenging
constitutional validity of the Guidelines on Blood Donor Selection and Blood
Donor Referral, 2017 dated 11.10 2017 issued by the National Blood Transfusion
Council (NBTC) and National Aids Control Organization (NACO), Ministry of Health and Family Welfare, Government of India which permanently defers
transgender persons, female sex workers and men having sex with men, from
donating blood and being blood donors.

Hence, the Petitioner is
filing the present public interest litigation praying for issuance of writ/
writs, order, direction, writ being in the nature of declaration, declaring
clause 12 of general criteria under Blood Donner Selection Criteria of the Guidelines
for Blood Donor Selection and Blood Donor Referral, 2017 dated 11.20.2017 to
the extent it permanently excludes transgender persons, men having sex with men
and female sex workers from being donors.

The petition also
challenged guidelines issued by the National Blood Transfusion Council (NBTC),
which prevented transgender persons, men having sex with men (MSM), and female
sex workers from donating blood for being at “high risk” for HIV, Hepatitis
B or C infections. Additional Solicitor
General (ASG) Aishwarya Bhati, appearing for Centre, said that the guidelines
are not intended to stigmatise anyone but have been prepared by NBTC, which
comprises doctors and experts, with a scientific temper and keeping public health
and welfare in mind, reports ANI. 

To this, the bench
remarked that it was worried about the element of discrimination against
transgenders and that they have been isolated and excluded. “Just think of
something that such feeling does not come, and health standards are not
compromised,” said the bench as it gave time to the Centre to address
transgenders concerns of discrimination without compromising on medical
precautions.Also Read:Gujarat Medical Council Vs NMC: State Council asks apex body to revoke relief to Jailed Cardiologist, cites threat to public healthThe apex court said
that with changing times, new technologies have emerged, and there could be a
way out to ensure any possibility of infections is checked and contained.
Already transgenders suffer from severe biases and prejudices, does these
guidelines not further it, said the bench. ASG Bhati assured the bench that she
will raise the court’s suggestion to the experts. Bhati also apprised the bench that once blood is donated, it goes directly to the blood banks, and there are vulnerable persons, such as thalassemic patients, who entirely depend on blood banks.”As a group, transgenders are considered a high-risk group the world over, with certain exceptions. There is a period within which the infection has to be identified, and the risk window has to be carefully considered. Nobody can claim to have a fundamental right to donate blood. These guidelines must be seen from the perspective of public health as the idea is not to stigmatise anyone,” Bhati added. The petition filed by Manipur-based transgender and social activist Thangjam Santa Singh termed the guidelines unconstitutional for discriminating persons based on gender identity.