Why are gay men, trans people and sex workers barred from donating blood in India? Centre tells SC

The Government of India has defended its policy barring transgender persons, men who have sex with men (MSM), and female sex workers from donating blood, telling the Supreme Court of India that the restriction is based on scientific data and aimed at protecting the safety of blood recipients.

During the hearing of petitions challenging the policy, the Centre stated that the exclusion is guided by expert committee recommendations and public health considerations. The government argued that the guidelines are designed to safeguard the national blood supply from Transfusion-Transmitted Infections (TTIs) such as HIV and Hepatitis, and therefore cannot be considered discriminatory.

The case is being heard by a bench headed by Chief Justice Surya Kant along with Justices Joymalya Bagchi and Vipul Pancholi. During the proceedings, the court observed that millions of people depend on free blood transfusions and questioned the need for judicial intervention if the policy is meant to ensure safer blood supplies.

Petitioners, led by transgender activist Thangjam Santa Singh, have challenged clauses of the 2017 guidelines that categorise transgender persons, MSM and female sex workers as high-risk groups and impose a permanent ban on their blood donation. They argue that the provisions violate constitutional guarantees of equality and dignity and are discriminatory based on identity rather than behaviour.

Representing the petitioners, senior advocate Jayna Kothari told the court that all donated blood is already tested for infections such as HIV through procedures including Nucleic Acid Testing. She argued that risk assessment should be based on individual behaviour rather than a blanket exclusion based on gender identity or occupation.

The Centre, however, maintained that the policy is grounded in statistical evidence showing significantly higher prevalence of HIV among certain population groups. Referring to expert committee reports and national health data, the government said the right of patients to receive safe blood must take precedence over an individual’s desire to donate, stressing that maintaining the integrity of the blood transfusion system remains a critical public health responsibility.