Manipur trans activist’s plea behind SC notice to Centre over ‘discriminatory’ blood donation rules

The Supreme Court on Friday issued a notice to the Union health and family welfare department on a writ petition filed by

Santa Khurai

, prominent transgender activist from Manipur, against existing

blood donation

guidelines that prohibit blood donation by transgender individuals, gay men and female sex workers.

The writ petition – the first of its kind – was filed by Khurai in February with the help of non-profit Centre for Law and Policy Research, Bengaluru. It challenges the constitutional validity of the Centre’s ‘Guidelines on Blood Donor Selection and Blood Donor Referral 2017’. These guidelines are framed by the Union health ministry’s National Aids Control Organisation (NACO) and National Blood Transfusion Council (NBTC), both respondents in the petition.

“Clause 12 of the guidelines, which describes ‘risk behaviour’, says the donor shall not be one ‘at risk’ of HIV, Hepatitis B or Hepatitis C. The problem is, it then goes on to list transgenders, men who have sex with men and female sex workers in this category. This perpetuates the worst stereotypes about us, smacks of body essentialism and is unacceptable,” said Khurai.

Clause 51 of the guidelines reiterates the same and ‘permanently defers’ the possibility of such people giving blood. The plea describes these clauses as completely arbitrary, unreasonable, discriminatory and unscientific. Unsafe sex or high-risk behaviour can be indulged in by anyone regardless of sex or gender.

Khurai, who is a member of the highly visible yet marginalized Nupi Maanbi or transwoman community of the northeastern state, said incidents of her fellow community members suffering because of the restrictive guidelines were depressingly common, and had increased since the Covid outbreak.

“Transgenders often have neither social backing nor financial. In case of emergencies in which they require blood, they often have no one to turn to save their own community. In such cases, not allowing transpeople to donate blood is criminal,” Khurai added.

Doctors are divided on the issue. “Most of my fellow doctors are reluctant to separate gender and sex from high-risk behaviour. Others just cite the guidelines,” said Beoncy Liashram, the northeast’s first transgender doctor who is also from Manipur.

“There is nothing to prevent transgenders from donating blood, unless, of course, their blood doesn’t pass basic medical tests such as that for HIV. The guidelines violate human dignity and should be challenged,” said a Kolkata-based doctor on condition of anonymity.

Supreme Court advocate Jayna Kothari, who appeared for Khurai, said blood banks across the country were equipped to test the blood they receive for various anomalies, including HIV. Thus, to permanently prohibit transgenders and other persons displaying non-heteronormative sexual behaviour was discriminatory, she told TOI, adding that the guidelines violated Articles 14 (equality before law), 15 (no discrimination on the basis of sex and other factors) and 21 (right to life) of the Constitution.


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