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LGBT rights in India - LGBT rights in India

They have marriage as "the union of a man with a woman, a man with another man, a woman with another woman, a transgender with another transgender, or a transgender with a man or a woman, taken under this law. All married Partnership couples who are contracts to adopt one way. The sexual orientation of the married couple or partner does not affect their right to adoption. Non-heterosexual couples are closed to adopt one way. "698> There are several different rights x marriage proposals pending in the courts. On June 12, 2020, the Uttarakhand Supreme Court ruled that same-sex marriages, although not legal, are coexistence and "life relationships" as interests.

Policy protection

Article 15 of the Constitution of India concerns:

15. Prohibition of religious religion, race, caste, gender or place of birth

(1) The state may not only discriminate against citizens based on religion, race, caste, gender, place of birth or one of them
(2) No citizen may only love his or her religion, race, caste, gender, birthplace or any of them relating to an injury, injury, injury or condition
(a) access to relationships, public restaurants, hotels and public rights palaces; or
(b) the acceptance of fountains, tanks, bathing hats, streets and places which are places of recreation, which are wholly or hopelessly preserved, or which are of the general public knowledge

In the case of Navtej Singh Johar against the Union of India, the Supreme Court ruled that the Indian Constitution prohibits interests of political orientation beyond the category of "gender". In the manner of the Supreme Court in the fall of the National Legal Services Authority against the Union of India that the legitimacy of gender identity is constitutionally prohibited.

Gender identity, in our view, is a personal contact of gender and no citizen can be discriminated against his gender identity, not even heard of those referring to the third gender. We come to the conclusion that we care about orientation or gender identity relocation, exclusion, eligibility, belonging, equality being abolished by the law or the protection of the laws guaranteed in our constitution. (P. 73)

Gender, as it appears in Article 15, does not only belong to the personal characteristics of an individual, even if "sexual identity and character" is one too.

Supreme Court of India

Existing constitutional edition, no explicit law was passed to prohibit the securitized. With regard to working conditions, which Article 15 only deals with the rights of persons or bodies.

, Rights 2019, the Rights Protection Act prohibits unfair removal of transgender people in educational institutions and services, labor, health services, access to "use of goods", "shelter", "under", "manage", " Manage "," being "available", the right to move, the right to "inhabit, buy, rent or otherwise occupy property", the exercise, for public deposit or in privacy and security .

There have been reservations in the transgender community, including on the subject. LGBTQ protests against the behavioral template emerged with the perception that the transgender community had lost the transgender community to help it. Protesters may use the determination to take note of the critical perception of the fact that people are registering to the government in order to become transgender. They also criticize inequality in terms of equality in violating the law, such as treating the transgender or cisgender person.

LGBT responsible people who are exercising their own discriminated personal orientation or gender identity in private contracts or other non-state conditions, for judicial powers, to act on the case law acted by the two judgments. They also advocate an explicit anti-discrimination law that is based on private law.

Individuals and Bullying in Higher Education

Individuals bullying and rags targeting a student related to the orientation of rights prohibited by rags in higher education institutions, 2016.

military service

LGBT people are forbidden to openly serve in the Indian disputes. At the end of December 2018, the interested party Jagdambika Pal (BJP) passed a bill to the Indian Parliament to amend the Army Act of 1950, the Navy Act of 1957 and the Air Force Act before 1950, LGBT people who die before LGBT people relate to serve in the disputes .


Actor Kamal Rashid Khan was arrested by police on December 9, 2018 for making obscene comments against the LGBT community.

Transgender rights

India has a third relationship that society becomes male and female. Persons Persons are known as Hijras or alternatively as Hijadas (Hindi, Maithili and Dogri: हिजड़ा;

Hijras was decided in 1994 to vote as the third gender. The conduct of alleged legal ambiguities in behavior have allowed Indian transgender individuals to gain access to behavioral rights for operations. On April 15, 2014, the Supreme Court of India gave transgender rights to a social and personal empowered class who made claims to reservations regarding education and training, and instructed union and state governments to act on welfare systems for them. The court must ensure that transgender people have a constitutional right to change their gender without any surgery, and it must include the union government on equal treatment for transgender people. The Court of Justice also includes the fact that the Indian Constitution stipulates the recognition of the opposite sex in the regulatory issue and that Article 15 differentiates between identity and forbids. In the options of the treaty, government documents such as policy badges, passports and bank forms offer, in addition to rights (M) and women (F), an option for third gender, rights to be heard as "other" (O), "third gender" (TG) or "Transgender" (T).

In 2013, Transgender and Gender Relationships S. Swapna and Gopi Shankar Madurai from Srishti Madurai protested at Madurai Collectors on October 7, 2013, demanding reservation and recognition of alternative religious rights from TNPSC, UPSC, SSC and bank exams. Swapna had previously relocated to the Madras High Court in 2013 for permission to take the TNPSC Group II exam as a candidate. Swapna is the first transgender person to be led away from TNPSC Group IV.

On April 24, 2015, Rajya Sabha unanimously acted the law on the rights of transgender people, 2014 rights and rights, previous behavior in education and work, legal aid, pensions, unemployment benefits and skills development for transgender people. It's also a ban created by transgender people. The law also provided for the administration of welfare committees at the central and state levels, as well as transgender rights. The template was determined by DMK MP Tiruchi Siva and was the first time in 45 years that the House of Lords had a template for a private member. However, the bill contained several anomalies and ambiguities about how different ministries would coordinate to implement its provisions. The bill was never put to a vote in the House of Commons.

The Minister for Social Justice and Empowerment, Thaawar Chand Gehlot, announced on June 11, 2015 that the Union government would introduce a new comprehensive bill on transgender rights at the monsoon session of parliament. The bill would be based on the study on transgender issues conducted by a committee appointed on January 27, 2014. According to Gehlot, the government tried to give transgender people all the rights and entitlements currently enjoyed by planned castes and planned tribes.

The 2016 Law on Protection of Transgender People (Protection of Rights), originally submitted to Parliament in August 2016, was re-submitted to Parliament in late 2017. Some transgender activists have spoken out against the law because it does not address issues such as marriage, adoption and divorce for transgender people. Akkai Padmashali criticized the bill's definition of transgenderism, which states that transgender people are "based on the underlying assumption of biological determinism". The law was passed by the Lok Sabha on December 17, 2018 with 27 amendments, including a controversial clause banning transgender people from begging. The law was sent to a parliamentary committee but lapsed with the dissolution of the 16th Lok Sabha.

Members of the transgender community protest against the 2019 transgender law in Mumbai, December 2018.

A government bill, the transgender people's 2019 bill (protection of rights) was put back to parliament after the 2019 general election. The bill was approved by the Indian cabinet on July 10th. The bill defines transgender people as "those whose gender does not match the sex assigned to that person at birth, and includes trans men or women, people with intersex variations, gender queers, and people with sociocultural identities like Kinnar, Hijras , Aravani and Jogta ". A person would have the right to choose whether to be identified as male, female, or "transgender". However, transgender individuals must go to a district judge to have their gender identity certified and request proof of sex reassignment surgery. The law bans discrimination against transgender people in nine areas such as education, employment and health care. However, transgender activists criticized that the bill does not contain any real means or mechanisms for integrating transgender people into the public sphere and improving their quality of life, or how the state intends to enforce this or what the state will do if and when such discrimination occurs. The bill has also been criticized for failing to take into account proposals from transgender activists. It only provides that transgender people receive identity certificates with which they are recognized as "transgender" and therefore excludes other gender identities. Although it includes terms such as "trans men", "trans women", "people with intersex variations" and "gender queers" in its definition of transgender people, these terms are not defined. The bill aims to establish a "National Council on Transgender", comprised of a wide variety of government and community representatives, and is intended to advise, monitor, and assess the impact of the Union government in formulating strategies regarding transgender people Policies, coordinate the activities of all departments dealing with these matters, and resolve complaints from transgender people. A controversial clause criminalizing transgender begging has been removed from the bill. Another controversial clause that would have required transgender people to undergo certification by a district screening committee in order to be recognized as transgender has also been removed. The legislation has continued to be criticized regarding sexual assault. it provides for maximum two years' imprisonment for sexually assaulting a t Ransgender-Person, while the minimum sentence for rape of a cisgender woman is 10 years. The law was passed by vote on August 5, 2019 by Lok Sabha and by Rajya Sabha on November 25, 2019. It was signed into law by President Ram Nath Kovind on Thursday December 5th, became the Transgender Persons (Protection of Rights) Act, 2019.

On April 22, 2019, the Madras High Court, the Supreme Court of Tamil Nadu, ruled that the term "bride" included "trans women" under the Hindu Marriage Act 1955. In particular, the authorities were instructed to prevent a marriage between a man and a transgender woman to register.

State laws

The states of Tamil Nadu and Kerala were the first Indian states to introduce transgender welfare policies. According to the policy, transgender people in government hospitals (male to female only), free housing, various citizenship documents, and full scholarship admission to state colleges can get access to free sex reassignment surgery (SRS) through higher studies, alternative livelihoods through education Self-help groups (for saving) and initiation of programs for generating income (IGP). Tamil Nadu was also the first state to set up a transgender welfare body with representatives of the transgender community. Kerala began free surgery in state hospitals in 2016.

The state of West Bengal established a transgender welfare body in 2015 to coordinate all policy decisions and development work related to the transgender population in the state. However, the board has been labeled an "all round failure" by several transgender activists. The board is scheduled to meet with representatives from numerous government departments across the state once a month and has only met five times since July 2017.

In July 2016, the state of Odisha enacted social benefits for transgender people that offer them the same benefits as people living below the poverty line. This was aimed at improving their general social and economic status, according to the Odisha Ministry of Social Security.

The Himachal Pradesh government has established medical bodies at the district and state levels to assist transgender people. The state has also enacted various systems that provide parents of transgender people with pensions, skills development, scholarships, and financial assistance.

In April 2017, the Department of Drinking Water and Sewage ordered states to allow transgender people to use the public toilet of their choice.

A transgender board was established in Chandigarh on August 22, 2017. The board of directors consists of members of the Police Department, Social Services Department, Education Department, and Legal Department, health professionals, and representatives from Panjab University and others.

In October 2017, the Karnataka government issued the State Policy for "Transgender, 2017" with the aim of raising awareness of transgender in all state educational institutions. Educational institutions will address issues of violence, abuse and discrimination against transgender people A monitoring committee has also been set up to investigate reports of discrimination.

On November 28, 2017, N. Chandrababu Naidu, the chief minister of Andhra Pradesh, announced the adoption of pension plans for transgender people. On December 16, 2017, the Andhra cabinet passed the directive. Under the policy, the state government will provide each transgender person over the age of 18 with an amount of £ 1,500 per month for social security pensions. The government will also build special toilets in public places like shopping malls and movie theaters for transgender people. In addition, the state has set up a transgender welfare agency.

In January 2018, the Kashmiri Finance Minister made a proposal to the Legislative Assembly of Jammu and Kashmir to allow transgender people to live free and to provide health insurance and a monthly maintenance pension for those aged 60 and over who are registered with the Social Services Department. Transgender activists have criticized aspects of the bill, including the requirement to set up medical bodies to issue "transgender certificates".

The Delhi government announced in May 2018 its intention to set up a seven-member committee to review issues related to the transgender community, including concerns about sexual abuse, discrimination at work, and other societal issues. "We will have our own cell for transgender people, run by a representative from the community. The commission receives many complaints of abuse against them. The cell will allow us to focus on issues that [transgender people ] and more support and security for the members, "said Swati Maliwal, head of the Delhi Commission for Women.

In July 2018, the Rajasthan Transgender Welfare Board (RTWB) announced that it would begin issuing "multi-purpose ID cards" to approximately 75,000 transgender people in the state to facilitate their access to government systems and benefits.

The Uttarakhand High Court instructed the state government in late September 2018 to create reservations for transgender people in educational institutions and develop social welfare programs to improve transgender people.

In early 2019, Assam's Social Welfare Department published a draft "Transgender Policy" with numerous goals including access to education for transgender people, providing shelter and sanitation for the homeless, raising awareness and issuing ID cards. The All Assam Transgender Association has criticized certain aspects of the policy, namely the definition of the term "transgender".

In February 2019 the Maharashtra government set up a "Transgender Welfare Board". Implement health programs and provide formal education and employment opportunities for transgender people. The board offers skills development programs to help transgender people find work and free housing for fellows. A similar body was set up in the neighboring state of Gujarat that same month. The Gujarat Board offers various welfare programs for employment and education and coordinates with state departments to ensure that the transgender community is able to use state systems. An awareness campaign was also set up to raise public awareness.

In July 2019, the Bihar government announced the creation of a transgender welfare committee to investigate and report on social and legal issues facing transgender challenges in the state and funding up to £ 150,000 for sex reassignment surgery. In addition, transgender people who refuse transgender people a house to rent or use for medical facilities can be imprisoned for anywhere from six months to two years.

In August 2019, Madhya Pradesh state announced its intention to establish a welfare body for the transgender community in the near future. Topics include a monthly allowance for parents of intersex children, provisions for reserving jobs for transgender people in the government, and separate public toilets.

Literature and studies on the third gender

Vaadamalli by the writer Su. Samuthiram is the first Tamil novel about the local aravani community in Tamil Nadu, published in 1994. Transgender activist A. Revathi was the first hijra to write about hijra issues and gender politics in Tamil. Her work has been translated into more than eight languages ​​and serves as the primary resource for gender studies in Asia. Your book is part of a research project for more than 100 universities. She is the author of Unarvum Uruvamum ("Feelings of the Whole Body"), the first of its kind in English by a member of the Hijra community. She also played and directed several plays on gender and sexuality issues in Tamil and Kannada. The Truth About Me: A Hijra Life Story by A. Revathi is part of the curriculum for students at The American College, Madurai. American College is the first college in India to introduce third-gender literature and studies with research-based seminars. Naan Saravanan's Alla (2007) and Vidya's I Am Vidya (2008) were among the early autobiographies of trans women. Kalki Subramaniam Kuri Aruthean ("Phallus, I cut") is a collection of Tamil poems about transgender life.

The American College in Madurai launched Maraikappatta Pakkangal ("Hidden Pages") as a course book for "Genderqueer and Intersex Human Rights Studies" as part of the curriculum for students of the Tamil and English departments in 2018, the first book on the LGBT community in Tamil Language published in 2014 by Gopi Shankar Madurai and BJP state leader Vanathi Srinivasan.

Conversion therapy

In February 2014, the Indian Psychiatric Society (IPS) issued a statement stating that there is no evidence that homosexuality is unnatural: "Based on existing scientific evidence and guidelines for best practice in the field of psychiatry, the Indian would like to Psychiatric Society caution that there is no evidence to support the assumption that homosexuality is a mental illness or illness. "In June 2018, IPS reiterated its stance on homosexuality by saying," Certain people are not destined to be heterosexual and we don't have to scourge them, we don't have to punish them, we don't have to exclude them ".

Despite this statement by the IPS, conversion therapies are still being carried out in India. These practices usually include electroconvulsive therapy (which can lead to memory loss), hypnosis, the administration of nauseating drugs, or, more often, talk therapy that tells the individual that homosexuality is caused by "poor male affirmation" in childhood "or" a loveless father and an arrogant mother. ”Conversion therapy can lead to depression, anxiety, seizures, drug use and suicidal tendencies in those affected.

living conditions

On the subway there are many opportunities for the LGBT community cities to meet and socialize, albeit not very openly. These include GayBombay (Mumbai), Good as You (Bangalore), HarmlessHugs (Delhi), Orinam (Chennai <) 486="">), Queerala (Kochi), Queerhythm (Thiruvananthapuram), Mobbera (Hyderabad), Parichay Collective (Bhubaneswar) and Sahodaran (Chennai). Groups that focus on LGBT women include ASQ (Bangalore), Labia (Mumbai), Sappho for Equality (Kolkata), and Chennai Queer Cafe, among others. Transpecific groups that focus on support and advocacy include Sampoorna, the Tweet Foundation, Telangana Hijra Trans Intersex Samiti, and many others. Recently, a queer dating platform called Amour Queer Dating was launched to help LGBT people find long-term partners.

Over the years there have been many reports of abuse, harassment and violence against LGBT people. In 2003, a hijra was raped in Bangalore and then raped by the police. Testimony presented to the Delhi Supreme Court in 2007 documented how a gay man who was abducted by police in Delhi was raped by police officers for several days and forced to sign a "confession" that read : "I am a Gandu [a derogatory term that means someone who has anal sex]". In 2011, a Haryana lesbian couple was murdered by their nephews because they were in an "immoral" relationship. Activist group Kavi's Humsafar Trust reports that two-fifths of homosexuals in the country were blackmailed following the 2013 Supreme Court ruling. Suicide attempts are common. In early 2018, a lesbian couple committed suicide and left a note that read, "We left this world to live together. The world did not allow us to stay together."

In February 2017, the Department of Health and Family Welfare revealed health resource material to be used as part of a nationwide youth peer education plan called Saathiya. Among other things, the material deals with homosexuality. The material states, "Yes, teenagers fall in love a lot. They may have an attraction for a friend or person of the same or opposite sex. It is normal to have special feelings for someone. It is important for teenagers to understand that Such relationships are based on mutual understanding, trust, transparency, and respect. It is okay to talk about such feelings with the person you have them for, but always in a respectful manner. "

In 2017, Delhi held its 10th pride parade, attended by hundreds of people. Chennai has held pride parade since 2009, while Goa held its first pride parade in October 2017. Bhubaneswar organized its first event in September 2018 and Guwahati held its first pride event in February 2014. The first such event in Sikkim took place in January 2019 in Gangtok city.

Activities across the country took place on May 17, 2018, International Day Against Homophobia, including in Bhopal, Delhi, Mumbai, Kolhapur, Thiruvananthapuram and Lucknow. Numerous foreign embassies (Australia, Austria, Belgium, Brazil, Canada, Costa Rica, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, New Zealand, the Netherlands, Norway, Portugal, Serbia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and the United States) have expressed their support for LGBT rights in India and reaffirmed their countries' commitment to promoting human rights .

According to a 2018 survey, a third of Indian gay men were married to women who didn't know they were secretly gay.


The All India Hijra Kalyan Sabha fight for over a decade to get voting rights, which they finally got in 1994. In 1996 Kali ran in Patna under the then judicial reform party. Munni also ran in the elections for South Mumbai that year. Both lost.

After the defeat of Kali and Munni three years later, Kamla Jaan was elected mayor of Katni. Shabnam Mausi was elected to the legislative assembly of Madhya Pradesh in 1998. Several other transgender candidates won the office over the next several years. These include Heera, who won a seat on Jabalpur city council, and Gulshan, who was elected to the city council in Bina Etawa. In December 2000, Asha Devi became mayor of Gorakhpur, and Kallu Kinnar became of Varanasi.

elected to the city council. Shabnam Mausi is the first transgender Indian to be elected to the public office. She was an elected member of the Legislative Assembly of Madhya Pradesh State from 1998 to 2003. In 2003, Hijras in Madhya Pradesh announced the founding of their own political party called "Jeeti Jitayi Politics" (JJP; Hindi: जीती) जिताई पालिटिक्स), which literally means "politics already won". The party also released an eight-page election manifesto explaining why it differs from mainstream political parties.

In the 2011 elections in Tamil Nadu, the transgender activist Kalki Subramaniam unsuccessfully challenged a DMK ticket. In March 2014, Kalki announced in Puducherry that she would take a seat in an election in the constituency of Villupuram in neighboring Tamil Nadu.

Independent on January 4, 2015 Transgender candidate Madhu Bai Kinnar was elected mayor of Raigarh. Chhattisgarh.

Manabi Bandopadhyay became India's first director of transgender college on June 9, 2015 when she took on the role of director of Krishnagar Women's College in Nadia County, West Bengal.

On November 5, 2015, K. Prithika Yashini became the first transgender police officer in Tamil Nadu state. At the time, the Tamil Nadu Police Department had three transgender officers, but Yashini was the first transgender person to hold the rank of officer in the state. Transgender men are an integral part of the police force in many states in India. Many of them stay with the Women's Police, fearing changing their legal name and gender, as doing so could put their employment at risk.

On February 12, 2017, two transgender people were appointed by the Kolhapur District Legal Services Authority (KDLSA) as panel members for the local Lok Adalat (People's Court). Thirty bodies have been appointed to resolve general local disputes within the community. KDLSA members have stated that this appointment is their "main accomplishment".

In July 2017 Joyita Mondal became Islampur Lok Adalat

appointed. The transgender representation made itself particularly noticeable in the Lok Sabha elections of 2019 candidates in Andhra Pradesh, Gujarat, Kerala, Maharashtra, Odisha, Tamil Nadu and Uttar Pradesh. Most of the major parties mentioned LGBT rights in their election manifestos. The Bharatiya Janata Party (BJP) ran on a platform with greater rights for the transgender community, adding that it "will ensure independence and skill development opportunities for transgender youth". The Indian National Congress Manifesto states that the party "recognizes sexual diversity among people and promises equality and equal protection of the law for people with different identities" who advocate a transgender law in consultation with LGBT groups and has been pending legal awareness training in all government departments -consensual medical