In a pivotal 2018 ruling, India’s top court legalized gay sex, yet the nation continues to prohibit blood donation from transgender individuals and gay and bisexual men.
Members of the LGBTQ+ community assert that this longstanding ban is deeply “discriminatory” and have initiated legal challenges against it.
For Vyjayanti Vasanta Mogli, a trans woman from Hyderabad, the inability to donate blood for her ailing mother inflicted additional distress during a critical time. “I had to keep posting requests for blood donors, which was traumatizing,” she shared, although she ultimately found help.
Unfortunately, many others remain unsuccessful in their search for donors, as illustrated by a doctor’s account from Manipur regarding a patient whose transgender daughter could not provide blood for necessary medical treatment.
“The father required multiple blood units daily but passed away two days after his admission,” the doctor recounted, highlighting the dire implications of the ban.
Amidst such heart-wrenching stories, activist Sharif Ragnerka has taken legal action against the restrictive blood donation policies, arguing that they violate essential rights to equality and dignity for the LGBTQ+ community.
The rationale behind India’s policy stems from a classification of LGBTQ+ individuals as “high-risk” for HIV, with regulations dating back to the 1980s amid a global health crisis. Despite changing social attitudes, the existing policies, including those updated in 2017, remain in force.
The Supreme Court has requested a response from the federal government regarding Ragnerka’s petition and has linked it to other similar cases from preceding years.
During a previous court session, the government defended the ban citing a 2021 health ministry report indicating that transgender persons and gay and bisexual men faced heightened risks of HIV, emphasizing that the policy aims to safeguard public health without moral judgments.
Critics, including healthcare professionals, argue that the policy perpetuates stigma and exclusion. “Many genders have HIV-positive individuals, yet their communities aren’t entirely banned from donating,” one doctor noted, emphasizing the need for reform.
India is home to an estimated tens of millions of LGBTQ+ individuals, with many facing societal discrimination and hardship while seeking essential medical care.
Activists claim that the donation ban significantly hinders access to crucial support, compelling members of the community to lie about their sexuality to fulfill lifesaving needs.
“How can a blanket ban on blood donation be justified when community members cannot receive help in emergencies?” questioned an activist.
Advocates argue that the ban is not only unjust but also illogical given India’s significant shortage of blood supply. A 2022 study estimated an annual deficit of approximately one million blood units in the country.
Thangjam Santa Singh, a transgender rights activist, emphasized that many countries have abolished similar bans in recent years. For instance, the U.S. lifted all restrictions on gay and bisexual men donating blood, focusing instead on individual risk assessments through health questionnaires.
Countries such as the UK, Brazil, and Canada have adopted more inclusive policies in recent years. Petitioners in India call for similar reforms that prioritize actual risk over perceived risks.
Activists propose implementing a deferral period based on the donor’s recent sexual history instead of imposing a blanket ban, asserting that such a change would reflect a more humane approach.
The Indian government has resisted these suggestions, stating that the healthcare system lacks the necessary infrastructure to accommodate them. Officials noted that advanced testing techniques are only available at a fraction of the country’s blood banks.
However, community members remain skeptical and committed to challenging the prejudiced ban. “I constantly worry about not being able to help my family in urgent situations,” Ragnerka expressed, underscoring the ongoing necessity for equality and reform in blood donation policies.
