A transgender rights activist raised a PIL in 2021 challenging the constitutional validity of "Guidelines on Blood Donor Selection and Blood Donor Referral, 2017 " issued by NACO and the National Transfusion Council, which prohibits transgender persons, men who have sex with men and female sex workers from donating blood or plasma as they are considered ' at risk of ' HIV, Hepatitis B or C infection.  

On March 11, 2023, Union Health Ministry filed an affidavit requesting the dismissal of the plea to the supreme court, putting public health responsibility above individual rights.  

Because of the limitation of tests in preventing infection via donated blood, providing safe blood to the transfusion recipient is deemed more important than the individual's right to donate blood. 

The Government supported its statement with substantial clinical evidence to prove the exclusion of the above categories of persons in the guidelines.

Refer to the guidelines - Click here