A guideline from India’s National Blood Transfusion Council and the National AIDS Control Organization under the Health and Family Welfare Ministry permanently prohibits men who have sex with men from donating blood. This prohibition, however, may change with the Supreme Court reviewing a challenge to the constitutionality to the 2017 blood donor rule.

The Supreme Court on July 30 agreed to hear the challenge that a gay man from Delhi — Shariff D. Rangnekar, director of the Rainbow Literature Festival — brought. Lawyer Rohin Bhatt drafted the complaint and Ibad Mushtaq filed it.

The rule also applies to transgender people, female sex workers, and LGBTQ people.

Rangnekar pointed out these rules were rooted in a highly prejudicial and outdated perspective from the 1980s in the U.S. 

He noted many countries, including the U.S., UK, Canada, and Israel, have since revisited their guidelines, adopting new policies that no longer impose blanket bans on gay men or genderqueer people from donating blood.

“It is presumed that a particular group of persons may be suffering from sexually transmitted disease,” said Rangnekar in his lawsuit, according to the New Indian Express, a major English newspaper in India. “Medical technology and education, especially in the field of hematology, has progressed tremendously. The screening of donors is conducted for every donation before a transfusion.”

Rangnekar urged the Supreme Court to reconsider the blanket prohibition, arguing such a sweeping ban is unreasonable. He asserted this prohibition violates fundamental rights, including equality, dignity, and life, safeguarded under Articles 14, 15, 17, and 21 of the Indian Constitution. 

Rangnekar further argues the ban effectively denies LGBTQ people full participation in society, relegating them to the status of second-class citizens.

He contends that clauses 12 and 51 of the 2017 blood donor guidelines are both discriminatory and unconstitutional, because they permanently exclude LGBTQ people from donating blood. Rangnekar argues these provisions unfairly single out LGBTQ persons, barring them from contributing to a life-saving cause, and thus, violates their fundamental rights. Rangnekar also emphasized that such exclusion perpetuates stigma and reinforces inequality, contradicting the principles of justice and equality the constitution enshrines.

The Supreme Court on Aug. 2 took a significant step by issuing a formal notice to the Indian government regarding Rangnekar’s case.

Led by Chief Justice Dhananjaya Yeshwant Chandrachud, the three-judge bench sought responses from the National AIDS Control Organization and the National Blood Transfusion Council. This move marked the court’s recognition of the serious constitutional issues raised in the petition, setting the stage for a critical review of the rules that have long excluded LGBTQ people from donating blood.

The Union Health Ministry in 2023 responded to a Supreme Court petition that Thangjam Santa Singh filed, which challenged the 2017 blood donor selection criteria. Singh sought the removal of provisions that barred trans people, MSM, and female sex workers from donating blood. 

The Union Health Ministry at the time defended the exclusionary clauses in the Supreme Court, stating they are based on substantial evidence that demonstrates trans people, MSM, and female sex workers are at increased risk for HIV, Hepatitis B, and Hepatitis C. The ministry argued these guidelines were designed to protect the safety of the blood supply, though this stance has faced significant criticism for perpetuating stigma and discrimination against marginalized communities.

Rangnekar during an interview with the Washington Blade said India’s blood donation ban reflects a complete bias against the LGBTQ community. He emphasized this pattern of exclusion is not just about blood donation, but is part of a broader effort to deny the community basic rights and dignity. 

“There are many groups that could be high risk in certain areas, but you have a deterrence system in place,” said Rangnekar. “Globally, India claims to be a superpower, It is a country that has sold medical tourism to many parts of the world, and it is a hub for people coming from the developing world to have medical treatment, so what stops the government from having a testing system in place to allow us blood donation, but to have a blanket ban is absolute bias and nothing less than rubbish. We are in a country where there is a shortage of blood.”

Rangnekar also expressed optimism about his case.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

India’s LGBTQ community is watching Vice President Kamala Harris’s presidential campaign with hopeful anticipation.

“Can she be the catalyst for change we’ve been waiting for?” is the question echoing through the colorful streets of India’s metropolises. With her history of advocating for LGBTQ rights, Harris’s candidacy feels like a rainbow beacon in the political storm. As her campaign gains momentum, the Indian LGBTQ community finds itself not just spectators but fervent cheerleaders, hoping her leadership might inspire similar strides in their land. 

Her mother, Shyamala Gopalan, who was born into a Brahmin family in 1938, and her grandfather, PV Gopalan, who hailed from the quaint village of Thulasendrapuram in Tamil Nadu state, link Harris to India’s rich cultural tapestry. This connection not only invigorates her campaign as she seeks the White House, but also resonates deeply with LGBTQ Indians who see in her a beacon of progressive change.

Harris’s grandfather later moved to New Delhi to become a civil servant in British-ruled India, paving the way for Gopalan’s journey to the U.S. Her mother’s pursuit of biomedical science at the University of California, Berkeley planted the seeds for her future political aspirations. 

The Independent reports Harris’s uncle, Balachandran, from Delhi and her aunt, Sarala, from Chennai still visit their local temple about once a year, keeping the family tethered to their village and cultural roots.

The State Department notes the relationship between India and the U.S. is one of the most strategic and consequential of the 21st century. 

‘The U.S. supports India’s emergence as a leading global power and a vital partner in promoting a peaceful, stable, and prosperous Indo-Pacific region,” it reads. 

Harris during Indian Prime Minister Narendra Modi’s visit to the U.S. in June 2023 underscored the deep-rooted ties between the two countries, highlighting shared democratic values and the significant contributions of Indian Americans. 

India in 2018 decriminalized consensual same-sex sexual relations. 

The Indian Supreme Court last October ruled against marriage equality. The justices have agreed to consider an appeal of their ruling.

Harris during a 2023 interview emphasized she has been dedicated to human rights, equality, and LGBTQ issues throughout her career. 

Harris was California’s attorney general when she declined to defend Proposition 8, a same-sex marriage ban that voters in her state approved in 2008.

The U.S. Supreme Court on March 26, 2013, heard oral arguments in a case that challenged Prop 8. The justices in a 5-4 ruling said anti-gay groups did not have standing to defend the ban and allowed a federal court ruling that declared it unconstitutional to remain in place.

Same-sex couples have been able to marry in California since June 28, 2013.

“It was clear that this is a case that is about fundamental notions of justice and equality and liberty,” Harris told the Blade after the Supreme Court’s oral arguments.

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy.

Harris during a 2023 press conference with Ghanaian President Nana Afuko-Addo that took place in Accra, his country’s capital, noted “a great deal of work in my career has been to address human rights issues, equality issues across the board, including as it relates to the LGBT community.”

“I feel very strongly about the importance of supporting the freedom and supporting and fighting for equality among all people and that all people be treated equally,” said Harris. “This is an issue that we consider, and I consider to be a human rights issue and that will not change.”

Ghana is among the countries in which consensual same-sex sexual relations remain criminalized. 

Harris’s visit to the country coincided with debate over a bill that would, among other things, criminalize LGBTQ allyship. Afuko-Addo has yet to sign the measure — the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill — that MPs passed in February.

Manvendra Singh Gohil, who describes himself as the world’s first openly gay prince, is from Gujarat state and is an activist who runs Lakshya Trust. He told the Washington Blade that Harris is seen not just as a powerful person, but also a serious candidate. Gohil highlighted she embodies not only the hope of representation but also the merit, resonating deeply with the global LGBTQ community.

“Merit and diversity are not mutually exclusive,” he said. “There is merit in diversity, but we must make an effort to look for diversity in merit, too. I wish Kamala all the best and hope that she can carry the energy and dreams of the millions. If she is elected, I hope she serves to be the president for the entire country, the Democrats, Republicans and Independents alike.”

Deepak Kashyap, India’s first openly gay psychologist, told the Blade that Indians view Harris with hope.

“The LGBTQ community, for better or for worse, across the world, follow American examples to quite an extent,” said Kashyap. “Holding the presidency means holding the hopes and dreams of communities who find themselves at the mercy of every election cycle. I wish you well and hope to meet you in the Oval Office someday.”

Harris has often reminisced in interviews about her childhood visits to Thulasendrapuram, fondly recalling walks on the Chennai beach with her grandfather when she was just five. Though those memories of sun-soaked sands linger, she hasn’t set foot in India since becoming vice president.

Her nostalgic tales add a touch of personal warmth to her political journey, endearing her to the Indian LGBTQ community and beyond.

Negha Shahin, the first transgender woman to win an award at the 52nd Kerala State Film Awards and a native of Tamil Nadu, told the Blade that while Harris’s connection to state is heartwarming, it doesn’t directly influence her stance on LGBTQ issues. Shahin pointed out it would be a stretch to attribute Harris’s progressive views on LGBTQ rights to her mother’s background.

“What truly matters in understanding the struggles faced by the trans and queer community is the need for proper education and an open mind,” said Shahin. “Kamala Harris has spoken out about trans rights because she recognizes the importance of these issues and the need to address the discrimination and challenges faced by the LGBTQIA+ community.”

“Her advocacy stems from a broader commitment to equality and justice, rather than any specific cultural influence,” she added.

Shahin said it would be a monumental moment if Harris wins.

“If she wins also I wish it will impact the Indian LGBTQIA community,” said Shahin. “If she holds a position of power her administration might engage in diplomatic efforts to encourage other nations to advance human rights, including LGBTQIA+ rights. This could lead to international pressure on countries like India to improve their legal and social stance on LGBTQIA+ issues.”

Harish Iyer, an Indian activist who participated in the State Department’s International Visitor Leadership Program in 2016, told the Blade the LGBTQ community needs world leaders who are allies and community members.

“Kamala Harris’s ascend to the top of the Democratic ticket is thus a ray of hope,” said Iyer. “She has been unwavering in her allyship. In a world of deniers of queerdom, she is in sync with the ground realities of queer existence.”

Michael K. Lavers contributed to this article.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on X at @mohitkopinion.

The Indian Home Ministry in a surprising development on July 15 sent a note to state and territorial officials and prison administrators that acknowledges queer prisoners regularly face discrimination and violence because of their sexual orientation and gender identity.

The government has asked all states and territories ensure queer people receive equal rights in their prison. The government has also instructed state and territorial officials to prevent discrimination in relation to accessing goods and services inside their prisons, especially visitation rights.

The directive mandates prison officials allow inmates to meet with family members, relatives, friends, and legal representatives at least once every two weeks.

Referencing the Model Prison Manual, 2016, the government emphasized prisoners should be granted reasonable facilities to see or speak with their family members, relatives, friends, and legal representatives. This access is crucial for preparing an appeal, securing bail, or arranging the management of property, and family affairs. The directive is also seen as a significant effort to ensure LGBTQ inmates’ rights and dignity are upheld.

The ruling government, led by Prime Minister Narendra Modi, has, for the first time, explicitly referenced the “queer community” in a directive that seeks to end discrimination against them. This directive marks a significant shift in government policy.

It states conversations during these interviews should be limited to private and domestic matters, explicitly prohibiting any references to prison administration, other prisoners, or politics. 

According to the Model Prison Manual, 2016, Rule 8.03 states the number of people who may interview a prisoner at one time shall ordinarily be limited to three. The manual also directs interviews with female prisoners should, if possible, take place in female-specific cells or rooms.

“It is reiterated that these provisions equally apply to members of the queer community, allowing them to meet a person of their choice without any discrimination or judgment,” it reads.

The Home Ministry has also urged authorities to make prison officials at all levels more sensitive to queer inmates.

It emphasized the importance of treating all people equally in a fair and just manner, with a particular focus on ensuring that no one, especially those belonging to the queer community, faces any form of discrimination.

“Prisoners may communicate with their visitors, namely family members, relatives and friends through physical or virtual mode, under proper supervision of prison authorities,” reads the directive. “Visitors to inmates shall be verified/authenticated through biometric verification/identification.”

The directive also notes foreign prisoners may communicate with their family members and consular representatives, as rules dictate.

According to the report “Lost Identity: Transgender Persons in Indian Prisons,” the Commonwealth Human Rights Initiative published, a total of 214 transgender people were incarcerated in different prisons across the country between May 2018 and April 2019.

The report noted a glaring lack of awareness programs among prisoners regarding the legal recognition of trans people as a legal identity, with the sole exception of Karnataka state since 2014. The report also highlighted a significant oversight: No trans people had been hired by prison departments in any state or territory.

The report further pointed out none of the prisons included any courses in their Prison Training Institute’s curriculum that focused on awareness and sensitization of LGBTQ communities and their rights.

The Supreme Court in 2018 took a monumental step towards prison reform.

A 3-member committee that now retired Justice Amitava Roy examined the myriad issues facing the Indian prison system and made a series of recommendations. Persistent prison overcrowding and overall conditions are two of the myriad issues the committee reviewed.

The committee in 2022 issued its report, which included a chapter titled “Transgender Prisoners.”

This chapter emphasized efforts to separate trans people from other prisoners for safety and security reasons must not lead to their seclusion or isolation. It also underscored the need to ensure measures undertaken to protect trans prisoners do not inadvertently result in their marginalization, highlighting the importance of maintaining their integration and dignity within the prison community.

Sadam Hanjabam, founder of Ya.all, northeast India’s first registered LGBTQ youth-led organization that the U.N. recognizes, told the Washington Blade the ministry’s announcement is a good step. He said officials are not only looking at transgender community but LGBTQ as a whole spectrum.

“It is hopeful that at least people will have access to services without discrimination whether legally or in prison services,” said Hanjabam. “We hope that it could be this is towards more inclusive step.”

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on X at @mohitkopinion.