Trans People And Blood Donation: Know The Rules Across The World

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There is nothing more beautiful than giving someone a gift of life through blood donation. Blood donors and transfusion recipients may have increased in the last few years, but for the diverse umbrella of LGBTQ people and sex workers, blood donation is still prohibited in many countries across the world.

According to new rules by the Government of India, transgenders, gays and sex workers will not be allowed to donate blood, and the centre has cited scientific evidence regarding the same in a move that is being seen as biased and exclusionary against the nation's LGBTQ+ community.

This was mentioned in the Blood Donor Selection Guidelines of the Ministry of Family Welfare, Central Government. In 2017, there were guidelines set by the two federal government agencies that come under the health ministry of India - the National Blood Transfusion Council (NBTC) and the National Aids Control Organisation (NACO) - that come under India's health ministry.

The guidelines said that gay men, transgender persons and female sex workers are under a high-risk HIV/AIDS category, which prohibits them from donating blood.

A member of the transgender community, Thangjam Santa Singh filed the PIL which moved the Supreme Court seeking to strike down the prohibition on gay and transgender people from donating blood under clauses 12 and 51 of the 'Guidelines for Blood Donor Selection & Blood Donor Referral, 2017' issued by the National Blood Transfusion Council (NBTC) and the National Aids Control Organisation on 11 October 2017.
Responding to the same PIL, the Union Ministry of Health And Family Welfare responding said that there is substantial evidence to demonstrate that 'transgender persons, men having sex with men and female sex workers are at risk for HIV, Hepatitis B and Hepatitis C'.

While the case points out that the prohibition is a direct violation of the Constitution of India, here is what the rules across the world say when it comes to the LGBTQ community and blood donation.

As the case argues that this prohibition is violative of the Constitution of India, here's a look at the rules pertaining to the LGBTQ+ community and blood donation across the world.

1. The US

When it comes to trans people and blood donation, the struggle was going on for decades in this country. Transgender, gay men were completely prohibited from donating blood in the 1970s and 1980s when the country was amid the AIDS crisis. However, in 2015, some exceptions were made and the ban was loosened on the condition that gay men can be donors if they had abstained from sex for at least a year. But, during the COVID-19 pandemic, it was shortened to three months.

2. Israel

The ban that forbids people from the LGBTQ community to donate blood has been lifted and now according to the new rules, people who are homosexuals will have to fill out a form which will inform the blood donors to wait for three months after engaging in high-risk with a new partner or multiple partners. In 2021, Israel's health minister Nitzan Horowitz came out as say and said there should be no discrimination while donating blood and everyone must be treated equally.

3. Canada

In 1992, Canada banned gay men from donating blood for life, however, in 2013, the ban was eased and gay men were allowed to donate only after abstinent for five years. In April 2022, Canada made changes in their blood donation policy and lifted restrictions on gay men donating blood. According to the new rules, anyone who is a potential donor will be asked if they had sex in the last or previous months, irrespective of their sexual and gender orientation. Someone who is willing to donate blood will be asked if they have engaged in higher-risk sex. In case, they have, then they have to wait three months before donating blood.

4. United Kingdom

There are certain conditions imposed under which people from the LGBTQ+ community in Scotland, England, and Wales can donate blood, plasma and platelets due to fear of transmission of HIV/AIDS and other infections. In 2021, National Health Agency (NHA) announced that to donate blood, one needs to be healthy, irrespective of gender and sexual orientation, and same sexual partner for at least three months.

5. France

Due to the AIDS pandemic in 1983, homosexual men were banned from giving blood, but the ban was lifted in 2016 on the condition that they didn't engage in sex in the past 12 months, however, it was further reduced to four months in 2019. In 2022, France ended its ban on blood donation by gay men and stated that under the same conditions just as heterosexuals, homosexuals can also donate blood without any reference to sexual orientation or period of sexual abstinence.

6. Germany

This country has announced that there will be a change in its blood donation policy and whoever the potential donor is, will not be treated differently because of their gender or sexual orientation. However, the person can be allowed to be a donor based on behavioural risk.

7. Greece

There was a ban on blood donation by gay and bisexual men since 1977 and the form stated that any man who is engaged in sexual activity with other men cannot donate blood. As per the new rules, the form is to be filled out by potential donors which lists the reasons under which a person cannot donate blood. Also, in the form, homosexual sex act has been removed as a factor from the list.