Why transgender people, sex workers, and homosexuals cannot donate blood? The Centre told the Supreme Court this important reason

The Central government, in its affidavit filed in the Supreme Court, has strongly supported the policy of excluding transgender persons, men who have sex with men (MSM) and female sex workers (FSW) from blood donation, citing the report of an expert committee.

According to the government, excluding transgender individuals, men who have sex with men (MSM), and female sex workers (FSWs) from blood donation does not constitute discrimination. The decision is based solely on expert opinion and scientific data. Citing reports from the Ministry of Health, the government argued that rates of HIV and hepatitis-like infections (TTIs) in these specific groups have been found to be 6 to 13 times higher than in the general population.

The government believes that the life and safety of the patient to whom the blood is to be donated is more important than the individual's willingness to donate. It also argued in court that since this matter directly concerns public health and medical science, the judgment of experts should be prioritized.

The right to safe blood versus the willingness to donate blood

is central to the government's argument that the health and safety of the recipient is more important than the individual's willingness to donate blood. The Ministry of Health has stated that maintaining a robust blood transfusion system is a major public health responsibility. According to the government, access to safe blood is a fundamental right, and the decisions of the executive and medical experts should be relied upon in this matter, as it is a technical and scientific field.

Scientific data related to 'high-risk' groups

The government told the court that the ban is based on statistical data. According to the 2020-21 report of the Health Department, the rate of HIV infection among transgender, MSM and female sex workers was found to be 6 to 13 times higher than the general adult population. The latest expert committee report, released in August 2025, also concluded that no changes to these rules are currently required, as relaxing them could seriously threaten the reliability of the national blood supply.

Petitioners' objections and claim of equality On the other hand, transgender activist Thangjam Santa Singh and other petitioners have challenged the clause in the 2017 guidelines that 'permanently' bars these communities from donating blood. They argue that this violates the right to equality and life under Articles 14, 15 and 21 of the Constitution. The petitioners say that the risk arises not from 'identity' but from 'unsafe behaviour'. They argue that when every unit of blood is tested for HIV and NAT, it is not logical to completely ban a group based on identity alone.

PC: Punjab Kesari