India's LGBTQ+ community challenges blood donation ban in court
India's lesbian, gay, bisexual, and transgender (LGBT+) community is challenging a longstanding ban on blood donation. The prohibition, which applies to gay and bisexual men as well as transgender individuals, has been labeled "discriminatory" by activists. The legal battle was initiated by Sharif Ragnerka, a 55-year-old writer and activist who filed a petition against the ban in the Supreme Court.
Ban's impact on LGBT+ community and their families
The ban has had significant impacts on the lives of many within the LGBT+ community. According to the BBC, Vyjayanti Vasanta Mogli, a trans woman from Hyderabad, was unable to donate blood when her mother required regular transfusions due to advanced Parkinson's disease. Beoncy Laisharam, a doctor from Manipur, shared a tragic story of a patient who died after his transgender daughter was prevented from donating blood for his treatment.
Rationale and criticism of the blood donation ban
The ban on blood donations from the LGBT+ community is based on Indian laws that categorize these groups as high-risk for HIV/AIDS. This policy originated in the 1980s during a global HIV/AIDS epidemic and has remained despite changing attitudes. Critics argue that it is "highly prejudicial and presumptive," violating fundamental rights of "equality, dignity, and life." They also contend that it perpetuates stereotypes about their community being more prone to HIV/AIDS.
Government's stance and global shift in policy
The Indian government has defended its position, citing a 2021 health ministry report that found transgender people, gay and bisexual men were "six to 13 times" more likely to contract HIV than the general population. However, this stance is increasingly at odds with global trends. Countries like the United States, United Kingdom, Brazil, Republic of Ireland, Canada, France and Greece have lifted or eased similar restrictions based on sexual orientation. Instead they now screen donors for "high-risk sexual behavior."
Activists propose individual-centric system for blood donation
Activists are advocating for an individual-centric system that assesses "actual risk" rather than "perceived risk." They suggest a deferral period based on a donor's recent sexual history, similar to policies adopted by other countries. However, the Indian government has expressed concerns about the readiness of the country's healthcare system for such changes, noting that advanced blood testing technologies are only available at a small fraction of blood banks in India.
