Government defends barring certain groups from list of blood donors

NEW DELHI: Centre on Thursday justified the exclusion of transgender persons, men having sex with men, and female sex workers from list of potential blood donors, saying the decision was not discriminatory but one based on health studies which found six to 13 times higher incidence of HIV among these groups.

Additional solicitor general Aishwarya Bhati told a three-judge bench led by CJI Surya Kant that the National Blood Policy focused on sourcing blood from safe donor pools. "Sourcing blood and components from high-risk groups is against the tenets of the policy," said Bhati.

Health ministry said in its affidavit, "There is substantial evidence to show that transgender persons, men having sex with men, and female sex workers are 'at risk' for HIV, Hepatitis B or C infections."



Citing the annual report of the department of health and family welfare for 2020-21, it said, "HIV prevalence among transgenders, men who have sex with men, and female sex workers is six to 13 times higher than adult HIV prevalence.

"Similar restrictions for blood donors in respect of population groups with a high prevalence of HIV and other transfusion-transmitted infections exist all over the world. For instance, in most European countries, sexually active MSM are permanently deferred from donating blood," the ministry said.

The ministry said blood transfusion system is one of the last resorts for critically ill patients and the risk of TTI must be eliminated.

Bhati said, "The issue must also be judged from the lens of a public health perspective and not merely from an individual rights perspective, being mindful of the practical realities of unequal access to quality healthcare in a vast and diverse nation."
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