SC issues notice on plea challenging validity of blood donation rules for LGBTQI community

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SC Collegium recommends extension of term for nine Additional Judges of Calcutta HC



Requesting the SC to pass appropriate orders on the issue, Rangnekar said, “such a blanket prohibition is a violation of the right to equality, dignity and life protected under Articles 14, 15, 17 and 21 of the Constitution. Such guidelines violate the right to live with dignity, and do not afford full membership of living in a society to LGBTQ+ community and thus, reduces them to second class citizenship.”The petitioner, Rangnekar said that clauses 12 and 51 of general criteria under blood donor Guidelines and Blood Donor Referral, 2017, is discriminatory and unconstitutional as it excludes gay / LGBTQI persons, permanently, from donating blood to others.Rangnekar sought thereby a direction from the SC to the Centre to frame guidelines that allow gay and LGBTQI persons can donate blood, with reasonable restrictions based on ‘screen and defer’ or ‘assess and test’ policies.He also sought a direction to the UOI, NACO, NBTC to carry out sensitisation programs, while dealing with gay/ LGBTQI persons, who donate blood without subjecting them to invasive questions, and State AIDS Control Organisations about new policies, once they are enacted.”The three Respondents – UOI, NACO, NBTC – should carry out public campaigns accordingly that sensitise the society about risky behaviour, and the new guidelines. The Supreme Court of Brazil sturck down a 12 year deferral on gay men donating blood as unconstitutional on the ground that the modern testing technology has evolved, and that blood donation deferral period for 12 months was discriminatory,” the plea said. 



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