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"I had to lie about being gay to be able to donate blood to my grandmother. I wish there was a way I could help without having to be dishonest."
In 2017, trans people and MSMs (men who have sex with men) were banned from donating blood in India.
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In 1986 India diagnosed its first AIDS patient. By this time, AIDS had already become a global epidemic.
In response, the government set up NACO – the National AIDS Control Organization. Its aims? To create awareness and design interventions to curb the spread of HIV.
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One of NACO's first steps was to identify 'high-risk' populations. It zeroed in on:
MSMs (men who have sex with men), Trans people, Female Sex workers.
These were people who had a "higher chance of contracting AIDS" according to WHO. (And who also didn't fit into social moralities.)
Duniya ki assumption : Being Queer = Being HIV positive / having AIDS)
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In 2017, the National Blood Transfusion Council (NBTC made this discrimination official, with a ban. Its guidelines said - NBTC
National Blood Transfusion Council "Prohibit people considered to be at risk' for HIV, Hepatitis B or C infections from donating blood. Includes transgender people, MSMs, female sex workers, injecting drug users and persons with multiple sexual partners."
When you go to donate blood, the form asks- 'Have you any reason to believe that you may be infected by Hepatitis/ Malaria/AIDS or a venereal disease?'
'DO YOU KNOW YOU SHOULD NOT DONATE BLOOD IF YOU HAVE ENGAGED IN MALE-TO-MALE SEXUAL ACTIVITY?
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A, 24, Mumbai: ‘l had to lie about not engaging in homosexual activity on the form to be able to donate blood to my grandmother. I wish there was a way I could help her without having to be dishonest.’
Karan, New Delhi (Reuters Report, 2023): I was the only one from my family whose blood group matched with my mother's.
I was scared, but lied on the form about not being gay so that I could donate blood to her."
While MSMs can still lie on their forms without detection, those who "look queer", like trans women, cannot.
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Donating blood is often a question of survival. The ban makes it difficult and expensive for trans people to source blood, especially during emergencies.
"When I got a viral infection, I told the hospital that since my hemoglobin level was fine, I should be allowed to exchange my blood for platelets. They told me that I cannot do it because I'm trans. I had to buy the blood units for Rs. 16,000.
They insinuated that my blood is dirty." - Naaz Ali Joshi, trans model (IndiaSpend report, 2023)
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The ban also makes it near impossible for trans people no donate blood to their families.
"Many transfolk live with their chosen' family members and friends who may also be trans. It's very difficult to get voluntary donors. - Dr. Agsa Shaikh (Trans doctor, Founder of Human Solidarity Foundation)
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As a standard procedure, all collected blood samples are tested for hepatitis, RIV and other STDs before transfusion.
"Why can't this be done for transgender persons too?"
- Rudrani Chhettri, trans activist
Santa Khurai, a trans rights activist, filed a PIL in the Supreme Court of India in 2021:
prohibiting us from donating blood solely on the basis of our gender and sexual orientation is completely unreasonable and discriminatory.
It violates Articles 14, 15 and 21 (of the Constitution) - denying us equality and dignity as humans and citizens."
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The government's response to Santa Khurai's petition:
"The issue should be judged from a public health perspective and not merely from an individual rights perspective."
Govt. of India: Pre-testing every patient is difficult and expensive!
Isn't it the state's job to make the tests more readily available, rather than imposing restrictions on trans persons?
Govt of India: There's the 'window period' in which a person tests negative, but still has HIV!
But aren't all blood samples tested anyway before transfusion?
Govt of India: There's no way for blood banks to know if a trans person has had multiple sexual partners!
But how would they know the sexual history of anyone? Don't cis-het people also engage in 'high-risk' sexual behavior?
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Several countries around the world have made blood donation drives more inclusive.
For instance, they state that healthy people of any gender or sexual orientation who have had the same sexual partner for at least three months are eligible for blood donation.
*Whether someone can become a blood donor is a question of behavioral risk, not sexual orientation" -Karl Lauterbach, German Ministry of Health
People donate blood because they want to help their community and loved ones, especially in times of emergency.
Shouldn't everyone be able to do this, without having to lie or facing discrimination?
