Transgender people, men having sex with men, sex workers cannot donate blood, Centre insists in Supreme Court
GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Prelims + Mains·
Why in news
The Union government defended its 2017 guidelines excluding transgender people, men having sex with men (MSM), and female sex workers from blood donation in the Supreme Court.
Background
The Union government argued that public health considerations outweigh individual rights regarding blood donation eligibility. The Supreme Court heard petitions alleging discrimination based on sexuality and gender identity while noting concerns over access to free blood transfusion for vulnerable populations.
Facts for Prelims
- FactThe exclusion guidelines for blood donation were issued by the Union government in 2017.
- FactThe excluded groups specifically include transgender people, men having sex with men (MSM), and female sex workers.
For Mains
Q. Discuss the tension between individual rights of marginalized communities and public health imperatives in the context of blood donation policies in India.
Dimensions to cover in your answer
- Constitutional conflict: Balancing Article 14 (Equality) against the state's duty to ensure public health safety.
- Inclusionary gap: Risk of excluding vulnerable populations from essential healthcare services like free blood transfusions.
- Policy trade-off: Balancing epidemiological risk management with the prevention of systemic discrimination against LGBTQ+ and sex workers.
Keywords: Public Health · Discrimination · Vulnerable Sections · Constitutional Rights · Policy Exclusion
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