Blood donation is the best donation. Blood donation gives life to millions of people, so we say blood donation is life donation and it is true. However, this donation does not fall under the purview of the country's transgender and the gay community. Transgender, gay, sex workers are prohibited from donating blood in India. It has been mentioned in the Blood Donor Selection Guidelines of the Ministry of Family Welfare of the Central Government.
The decision not to allow transgender, gay and sex workers to donate blood has been challenged in the Supreme Court. However, during the hearing on this petition, the central government submitted an affidavit to the Supreme Court, and it has been clearly stated that transgenders and sex workers cannot donate blood. Transgender, gay, sex workers are likely to get diseases like HIV, Hepatitis B, Hepatitis C. Therefore, the central government has taken a stand that donating blood to this category, which falls under the 'high risk' category, is prohibited.
Ban on donating blood based on gender unconstitutional
Thangjam Santa Singh, a member of the transgender community, has filed a petition in the Supreme Court. It has challenged the guidelines of Blood Donor Selection and Blood Donor Referral 2017. The main issues in the petition are:
- Banning transgender, gay men, and female sex workers from donating blood is discriminatory.
- The guidelines of the National Blood Transfusion Council (NBTC) violate Articles 14, 15 and 21 of the Constitution.
- Blood is tested after donation. Are there viruses of infectious diseases like AIDS/HIV, Hepatitis B, C in the blood? This is also checked. Therefore, banning blood donation based on gender is unconstitutional.
- Under this section, gays and transgenders have been banned from donating blood and this ban should be lifted.
Scientific Evidence of Central Govt
The case has been pending in the Supreme Court for the past two years. Now the central government has given some scientific evidence through an affidavit in court.
- Saying that the guidelines of NBTC are correct, gay, transgender, sex workers and men etc. are prohibited from donating blood only on the basis of scientific evidence.
- There is a lot of evidence to prove that transgender people, men who have relationships with men, women who sell sex are at a higher risk of contracting diseases like HIV, Hepatitis B, Hepatitis C.
- The research reports of national and global journals like International Journal of Community Medicine and Public Health, International Journal of STD and AIDS are also similar.
- According to the annual report of the Department of Health and Family Welfare (2020-2021), the risk of HIV infection is six times higher among third parties, transgender, MSM (men who have sex with men), and women who sell sex.
- In many European countries, consanguineous citizens are prohibited from donating blood.
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What do the different reports say?
The research was published in the International Journal of Community Medicine and Public Health in 2019. This research was conducted in Vadodara city. In this, it was said that MSM i.e. those who have physical relations with men are more at risk of contracting HIV and STI. The research found that 37% of MSM were transgender and did not use a condom during sex. This gives him STI, HSV-2, HBsAg.
- A study was conducted in 2011 on commercial sex workers in Karnataka. 6 districts of the state were included in this. Clients were exposing her to HIV and STIs. Apparently, they had no idea how many other girls their client was having relationships with. He was also unaware of whether the client had sexually transmitted diseases.
- In 2021, a study was conducted on men in Chennai and Mumbai who had sex with other men. The report revealed that the number of MSM in the country is continuously increasing. Due to lack of precautions in this regard, diseases like STI and chlamydia infection are spreading.
- Lok Nayak Hospital Delhi, Department of Microbiologist, Maulana Azad Medical College Delhi and Department of Dermatology, Maulana Azad Medical College Delhi conducted a two-year study on MSM, or men who have sex with men. 738 male patients were admitted for venereal disease and dermatology treatment. 64% of these admitted that they had relationships with both men and women. 36% said they had never had sex with a woman, their partner had been a man.
- Transgender people are at higher risk of HIV than others. They do not take any measures to avoid it. This has been revealed in a study conducted in 2021. This was a unique study in itself. This included 98 studies from 34 countries. 78 of these studies found that both transgender men and women are at higher risk for HIV and STDs.
Who can donate blood? What is the rule?
The National Blood Transfusion Council released 'Guidelines on Blood Donor Selection and Donor Referral 2017' in October 2017. In this meeting, guidelines regarding blood donation were given. These guidelines were issued to ensure a safe, adequate and timely supply of blood and platelets, and to prevent blood-borne diseases from donors. Clause 12 deals with the selection of a blood donor. Under this section, the blood donor should not have any blood-borne disease, disease. Also, the blood donor should not have diseases like HIV, Hepatitis B, Hepatitis C. Also, it has been said that people who are afraid of getting this disease, for example, gays, transgenders, women who sell sex, people who consume drugs should not be blood donors. So, in Article 15, it is mentioned that blood can not be donated to gays and transgenders.
Meanwhile, the patient's right to safe blood is more important than the right to donate blood. Therefore, the court should not look at such cases in the context of individual rights. The central government has also requested that this matter should be handled, keeping the issue of public health in front.
