E-Paper
‘To instil confidence’: Centre on excluding transgender, gays from blood donation
The Ministry of Health and Family Welfare said in its affidavit that it was “imperative” that “both donor and recipient at opposite end have complete faith” that the blood available in blood banks was not only safe but also clinically effective and of appropriate and consistent quality
NEW DELHI: It is imperative that donors and recipients of blood donation have complete faith that the collected sample is safe and clinically effective, the Centre has told the Supreme Court, opposing demands for a change in the guidelines that prohibit transgender persons, men having sex with men (MSM) and female sex workers from donating blood.
In an affidavit filed in response to a plea pending in the Supreme Court for over two years, the Centre said the exclusion of transgender persons, MSM and female sex workers as blood donors were based on scientific evidence which is globally recognized and accepted by subject experts in India. The Centre said the blood transfusion system (BTS) in the country relies on blood donation and the guidelines have been put in place on account of the existing reality with regard to the quality of health system that varies throughout the country.
“It is important that every effort be made to strengthen the integrity of India’s BTS so as to instil confidence in people who have little option but to use the BTS in what may perhaps be the most difficult situation in their lives,” the affidavit by the Ministry of Health and Family Welfare said.
It added that it was “imperative” that “both donor and recipient at opposite end have complete faith” that the blood available in blood banks was not only safe but also clinically effective and of appropriate and consistent quality.
The affidavit, filed in February, came in response to a PIL filed by a member of the transgender community, Thangjam Santa Singh, a resident of Manipur who argued that the Blood Donor Guidelines prepared by the Centre and the National Blood Transfusion Council (NBTC) were unconstitutional as it discriminates individuals based on their gender identity and sexual orientation.
The court sought a response of the Centre, National Aids Control Organization and NBTC in March 2021. The petition is likely to be heard later this month.
The petition filed through advocate Anindita Pujari said: “The prohibition of transgender persons, MSM and female sex workers is due to assumptions based on negative stereotypes which amounts to discrimination under Article 14 (right to equality) and Article 15 (right against discrimination) of Constitution as they are deemed less worthy and subordinate in social participation and healthcare.”
In response, the Centre said ensuring the safety and availability of blood was a major public health responsibility, and contrasted the situation in developed countries, saying they deployed nucleic acid testing (NAT) which reduces the window period for transfusion-transmitted infections (TTIs).
But in India, it said, only a fraction of the 3,866 licensed blood banks deployed NAT technology. The government said the NAT technology was very expensive, required trained manpower and specialised equipment requiring proper handling and regular maintenance.
The health ministry further pointed out, “Scientific evidence clearly shows that transgender persons, MSM and female sex workers are globally recognised as a population group with a higher prevalence of HIV and other TTIs.” This has been the basis for subject experts, in the present case the NBTC, to prescribe the exclusions.
“A robust BTS is an essential feature of any country’s healthcare system without which quality medical care is impossible...In India, the quality of the healthcare system varies immensely across different geographies and one has to be mindful of this reality while framing guidelines for the entire country,” the Centre said.
