‘Diluting ban may harm recipients’: Centre defends LGBTQ+ blood donation rule in SC

Additional Solicitor General Aishwarya Bhati for the Centre submitted before a bench led by Chief Justice of India Surya Kant that the experts reiterated that the ban on blood donations by the LGBT community, was essential in the larger public interest.

The Centre on Thursday told the Supreme Court that on due deliberations and review, it has decided to retain the ban on blood donations by the LGBT community.

Additional Solicitor General Aishwarya Bhati for the Centre submitted before a bench led by Chief Justice of India Surya Kant that the experts reiterated that the ban on blood donations by the LGBTQ+ community, was essential in the larger public interest. 

"The experts have reconsidered, and there is a reconsidered opinion that, if this ban is diluted, it will be injurious to the recipients," she said.

The court was hearing a bunch of petitions by the members of the LGBTQ+ community led by author and former journalist Sharif D Rangnekar, and social activists; Thangjam Santa Singh and Harish lyer.

The court had last year asked the Union government to reconsider the blood donation rules on LGBTQ community.

The bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, said, even observed that even one percent chance of infection should not be there.

While expressing disinclination to interfere with the Centre's decision, the bench asked the petitioners to tell why the court should issue a direction. 

"After all, there are millions and millions of poor people, who take free blood facilities. They cannot afford private hospitals. It is the poor strata of the people who are sustaining on this blood. Why this poor people should be...even if there is a one percent chance of any infection, why should they be affected," the bench asked senior advocate Jayna Kothari, appearing for the batch of petitioners.

The counsel said that the reasoning of the committee has not been placed on record. She contended that the decision was targeting a person merely on the grounds of sexuality and gender identity.

The petitioners challenged the "Guidelines on Blood Donor Selection and Blood Donor Referral, 2017'' issued by the National Blood Transfusion Council (NBTC) and the National Aids Control Organisation (NACO) under the aegis of the Central Health Ministry.

The court also termed the petitions as "luxury litigation."