Let The Test Decide Whether The Blood Is Fit To Be Transfused Or Not Rather Than The Government Or The Society –With Reference To The Ban On The LGBTQ Community From The Blood Donation In India

Abstract

The hallmark judgment of the Supreme court in Navtej Singh Johar’s case decriminalizing Section 377 of The Indian Penal Code, 1860 penalizing homosexuality was not just an end in recognition of the LGBTQ community on an equal par with others as still they are subjected to many atrocities in every facet of their lives due to their sexual orientation and gender identity. One such deprivation is the ban imposed on them from blood donation due to the stereotypical myth by the government as well as the society which are highly intolerant towards them. Due to AIIDS epidemic in 1980’s prevailing all over the world, the minusculegroups were permanently banned globally from blood donation. Though the lifetime ban has been removed in other nations i.e. United States of America, United Kingdom, Canada and France subjected to fulfillment of a certain criteria but India is lagging behind in such clause which has been raised in the judgment of “Thangjam Santa Singh Khurai v. Union of India and Ors” where a Public Interest litigation was filed  challenging certain provisions of Guidelines on Blood Donation Selection and Blood Donation Referral,2017 violative of the fundamental rights of the community under Article,14,15 and 21 of the Constitution of India,1950.Therefore the current article focuses on discrimination particularly the ban on blood donation by the community adhering to the landmark decisions for recognition and upliftment of the community and further concluding the paper with some suggestions to lift the lifetime ban on the community from blood donation in India.