New Delhi: The Supreme Court on Wednesday expressed concern on branding an entire community of transgenders as “risky” as blood donors, and asked the Centre address their concerns of discrimination.
“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 petition challenging the constitutional validity of Section 12 and 51 of Blood Donor guidelines, 2017, which has imposed a blanket ban on transgender persons from donating blood.
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 scientific temper and keeping public health and welfare in mind.
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.
The 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 this 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 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 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.
