Supreme Court seeks expert opinion on blood donation bar on trans persons
The Supreme Court Wednesday asked the Centre to seek expert opinion on the bar on transgender people and gay persons from donating blood, pointing out that it could lead to stigma.
The National Blood Transfusion Council's guidelines say that trans people, gay persons and sex workers, among others, are 'at risk' for HIV and Hepatitis B or C infections.
The bench of Justices Surya Kant and N K Singh was hearing a plea challenging the guidelines.
'Aren't we creating a kind of segregated group? By these methods, stigma, biases and prejudices are all enhanced,' Justice Singh told Additional Solicitor General Aishwarya Bhati, who was appearing for the government.
Justice Singh said: 'What is worrying me… are we going to brand all transgenders as risky and thus indirectly stigmatise these communities? Unless you can show with some medical evidence there is some kind of link between transgenders and these diseases. You can't say all transgenders are involved in these kinds of activities, even normal persons engage in such activities…' ASG Bhati said: 'If such donations are on a one to one basis, there's no difficulty. For example, relative, family member or a friend. This is blood that will go to the blood bank.'
She said: 'World over, except for very few countries which have very high mechanisms of testing which are available, they are considered high risk categories. We have to look at the Indian reality. What is the mechanism of testing that is available through the length and breadth of the country?'
Justice Kant said: 'I think this is something only experts can advise us. Have a talk with them. What can be the way out that as a community they are not stigmatised at the same time medical precautions and safety measures can also remain in force without any compromise. Only the stigma part needs to be addressed. What can be the way out?'
The law officer said there is an application for intervention by Thalassemia patients. 'They are completely dependent on donated blood. If your lordships look at it from the perspective of the public health requirement of the nation and the reality of the nation, you will appreciate that the purpose is not to identify or stigmatise anyone in any manner, it is to take the best possible scientific and medical evidence that is available today…'. She added that the decision was borne out of scientific temper.
Justice Kant said: 'Technology also keeps on changing and sometimes very fast developing.' The ASG told the court that she would speak to experts and get back.
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