The Supreme Court of India has issued a notice to the Union government and other relevant authorities regarding a petition challenging the constitutionality of the 2017 Blood Donor guidelines. The petition, filed by Sharif D Rangnekar, a gay man and director of the Rainbow Literature Festival, questions the permanent ban on blood donation imposed on transgender persons, female sex workers, and LGBTQI individuals.
Petitioner’s Claims
Rangnekar argues that the guidelines infringe upon the right to dignity and equality, reducing LGBTQ+ individuals to second-class citizens. He contends that the blanket prohibition is a violation of Articles 14, 15, 17, and 21 of the Indian Constitution, which protect rights to equality, dignity, and life. The petitioner asserts that these guidelines are outdated, reflecting prejudices from the 1980s rather than current scientific understanding.
International Context and Scientific Advances
Rangnekar points out that many countries, including the USA, the UK, Israel, and Canada, have revised their blood donation guidelines to eliminate blanket restrictions on gay men and gender queer persons. He emphasizes that modern medical technology allows for comprehensive screening of blood donors, rendering such blanket prohibitions based on outdated views unjustifiable.
Legal Argument and Court’s Response
The petition seeks a declaration from the Supreme Court that clauses 12 and 51 of the General Criteria under the 2017 Blood Donor Guidelines are discriminatory and unconstitutional. Rangnekar argues that these clauses unjustly exclude LGBTQI individuals from donating blood, despite advances in medical technology and a more inclusive approach adopted by other nations.