In recent years, there has been a growing conversation around the issue of upholding equality for the LGBTQ community. As a being for equality, it is now needed for upbringing of society. One significant area of contention has been the policy regarding blood donation for LGBTQ+ (lesbian, gay, bisexual, trans, queer, questioning, and more communities). Since 2017, India has put a ban on donating blood to the LGBTQ+ community[1].

The contention of the arguments behind this ban is that LGBTQ communities that donate blood have a high risk of transmissible diseases, i.e., HIV, AIDS, Hepatitis B, Hepatitis C, and other TTIs (Transfusing Transmitted Infections). However, many advocates and activists believe that this ban perpetuates harmful stereotypes and discrimination against the LGBTQ+ community. They believe that everyone should be able to donate blood, regardless of their sexual orientation or gender identity.

In fact, studies have shown that modern blood screening techniques are effective at detecting and preventing the spread of TTIs, rendering the ban unnecessary and unjust. In the case of NALSA v. Union of India[2], it was held that the transgender community can enjoy the fundamental rights given under the Indian Constitution as any other gender of the nation. But still, the LGBTQ community faces discrimination in various aspects of life, including healthcare, employment, and housing. It is important for society to continue working towards equality and acceptance for all individuals, regardless of their sexual orientation or gender identity.

History Of Blood Donation Restrictions For LGBTQ

The history of the ban on blood donation for LGBTQ people dates back to the 1980s, when sexually transmitted diseases, i.e., HIV/AIDS, were discovered in the United States. At this time, the FDA put guidelines in place to complete the ban on blood donation by a man who had sex with a man (MSM). At the time when the ban was put in place, there was not much accurate scientific evidence that could prove blood donation by LGBTQ people was dangerous for people who used that blood. The restrictions were also in other countries, including the United Kingdom, France, Australia, Saudi Arabia, and the United States.

While it is true that the ban on blood donation by MSM was implemented during the HIV/AIDS crisis, medical advancements and research have since shown that sexual orientation is not a reliable indicator of HIV risk[3]. Discriminatory policies based on outdated fears only serve to perpetuate stigma and hinder efforts to increase blood donations.

The concept of homesexuality is not new; the Kamasutra, which dates back to 400 BC, provides instructions on how to carry out gay practices and includes transgender, bisexual, and intersex people, as well as both men and women who engage in intergalactic sex. Indian mythology and temples also supported the concept of homesexuality; the Khujaraho temple depicts same-sex and bisexual couples, as well as other examples of what was once referred to as unnatural intercourse.

Arguments For Allowing LGBTQ Individuals To Donate Blood

On the face of it the curtailment seems to be just to any layman as it avert the transmission of infection through the blood contact. However, when we go deeper in the roots "Complete and Permanent ban" is visibly contravening the "Fundamental Rights" bestowed in Article 14, 15, 16 and 21 of the "Constitution of India"[4]. The Hon'ble Supreme Court of India in NALSA v. Union of India and Navtej Singh Johar v. Union of India[5] held that:
"The ban on donating blood by gays and transgender particularly violates Articles 15 and 16, as the ban on these categories of people is based on the grounds of their gender and sexual orientation, which is considered a form of discrimination on the basis of sex under these articles."

With technological advancements and high accuracy testing presently, it is feasible to screen out any transmitted infection. Thus, it is incorrect to enact the complete and permanent ban on donating blood to LGBTQ+ people. In numerous developed countries, the disallowance on blood donation to LGBTQ+ communities has been slacked taking desired caution over last few years to exemplify:

• US: In 2015, rules and regulations concerning blood donation were relaxed in such a manner that gay men can donate blood if they steer clear of sexual intercourse for at a minimum of one year. During the COVID-19 epidemic, this time scale was abbreviated to three months only. This January, the FDA asserted that gay and bisexual men under monogamous relationships would be permitted to donate blood. However, any person involving in anal sex, without distinction as to gender, would have to wait for three months prior to donation.
   
• Greece: In January 2022, Greece eliminated homosexual intercourse acts from the rules forbidding blood donation. This motion led to the ending of disastrous rules which had been prevailing since 1977, banning gay and bisexual men from donating blood.
   
• France: During the AIDS pandemic in 1983, France forbade homosexual men from donating blood. In 2016, this disallowance was relaxed to a condition of not having sex 12 months prior to donating. In 2019, it was again relaxed to four months. In 2022, France ended its disallowance on gay men donating blood.
   
• United Kingdom: In 2021, the National Health Service (NHS) of the country issued a statement about people eligible for blood, plasma, and platelets donation in which any healthy being without any distinction of gender having the same sexual partner in the past three months is permitted to donate. At present, the LGBTQ+ community of England, Scotland, and Wales, whic
  Other countries permitting blood donation to LGBTQ+ community are Canada, Israel, etc.
  
  In India, LGBTQ+ community until now is suffering from the disallowance of blood donation. The aforementioned was objected in the case of Thangjam Santa Singh v. Union of India[10], in which a member of transgender community filed PIL objecting the justifiability of "Guideline on Blood Donor Selection and Blood donor Referral, 2017" proclaimed by "National Blood Transfusion Council and the National Aids Control Organization" as per the guidance of Central Health Ministry in October 2017.
  
  The appeal enunciate that, "All blood units that are collected from donors are tested for infectious diseases including Hepatitis B, Hepatitis C, and HIV/AIDS and hence permanently excluding them from donating blood and categorising them as high-risk only on the basis of their gender identity and sexual orientation is violative of their right to be treated equally as other blood donors[11]."
  
  The Supreme Court enjoin reply from the Central Government on the PIL questioning the blood donor criterion as they fix nationwide prohibition on transgender from donating blood. The court repudiated to grant an interim relief of stay stating "that the court is not an expert in scientific issues[12]."
  
  The Ministry retaliated that, "there is a residential infection window period and during this period the infection is not detectable even if the individual from whom blood is drawn is infected by it." Technology in India is rudimentary hence it is unfeasible to eliminate restrictions on blood donation and affirmed that "even the most advanced testing technologies can never be completely full proof and is most critical to limit the pool of blood donors to individuals who present the least risk of Transfusion Transmitted Infections as per available scientific evidence."
  
  Conclusion
  "It is time that we all see gender as a spectrum instead of two sets of opposing ideals."-Emma Watson. As the nation is making headway, society should also withdraw the conformist thoughts and consolidate to support LGBTQ+ group. The government should ameliorate the health care departments, labs and technology for instance "Nucleic Acid Amplification Testing" (NAT) so, that we can position ourselves with other nations.
  
  The government should also perpetuate international standards in these institutions to intercept outspread of venerable diseases. Inequity and injustice confronted by this community should also be appraised and the law makers should review the rules & regulations to prevent the violation of rights. As a result "the balance between public safety and individual liberty" can be kept alive. It is rightly said, "Gender equality is not a privilege to be earned; it is a right to be claimed."
  
  End Notes:
  1. BackBack India Cites Science to Ban Transgenders, Gays from Donating Blood, Live Mint, Mar. 17, 2023, available at: https://www.hrc.org/resources/blood-donations (last visited on Mar. 18, 2024).
  2. National Legal Ser.Auth v. Union of India, (2014) 5 SCC 438
  3. Mark A. Wainberg, Talia Shuldiner, et.al., Reconsidering the Lifetime Deferral of Blood Donation by Men Who Have Sex with Men, Sept. 07, 2010, available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2934798/ (last visited on Mar. 18, 2024).
  4. Constitution of India, ss. Section 14, 15, 16 and 21
  5. Navtej Singh Johar v. Union of India, (2018) INSC 790
  6. Mary Kekatos, How New FDA Rule Allowing Gay, Bisexual Men to Give Blood is Making Donation More Inclusive, Abc News, Dec. 31, 2023, available at: https://abcnews.go.com/Health/new-fda-rule-allowing-gay-bisexual-men-give/story?id=105882815 (last visited on Mar. 18, 2024).
  7. "Blood donations are down - so why restrict blood donors by sexual orientation?", Harvard Health Publishing (Harvard Medical School), available at https://www.health.harvard.edu/blog/blood-donations-are-down-so-why-restrict-blood-donors-by-sexual-orientation-202204252733 (last visited on Mar. 18, 2024).
  8. Rachel Thompson, Greece Lifts Decades-Long Ban on Gay and Bisexual Men Donating Blood, Jan. 11, 2022, available at: https://in.mashable.com/health-wellness/26706/greece-lifts-decades-long-ban-on-gay-and-bisexual-men-donating-blood (last visited on Mar. 18, 2024).
  9. Afp, France Removes Restrictions on Gay Blood Donors, Euronews, Jan. 12, 2022, available at: https://www.euronews.com/2022/01/12/france-removes-restrictions-on-gay-blood-donors (last visited on Mar. 18, 2024).
  10. Thangjam Santa Singh @ Santa Khurai v. Union of India, WP(C) No. 275 of 2021
  11. India's Ban on Gay, Transgender People from Donating Blood: What are the Rules Across the World?, Firstpost, Mar. 15, 2023, available at: https://www.firstpost.com/explainers/indias-gay-transgender-people-blood-donation-rules-world-12294772.html (last visited on Mar. 18, 2024).
  12. Khadija Khan, Trans and Gay People, Women Sex Workers Can't Donate Blood: What the Centre Said in SC, Indian Express, Mar. 14, 2023, available at: https://indianexpress.com/article/explained/explained-law/trans-gays-female-sex-workers-blood-donation-8494145/ (last visited on Mar. 18, 2024).