The Indian LGBTQ+ community has long grappled with systemic neglect and societal prejudices, but significant victories like the striking down of Section 377 in 2018 and progressive Supreme Court verdicts have sparked hope. The fight for equality nevertheless remains arduous.

Amid this struggle, Harish Iyer has stood out as a beacon of courage, leading the movement with unwavering commitment and inspiring others to unapologetically embrace their identities.

Iyer, with a slight smile, noted to the Washington Blade during a recent interview that he was born into privilege. As the first male child in a patriarchal society, he explained this status came with inherent advantages.

Despite being born into privilege, Iyer’s early life was marked by profound challenges.

At just 7-years-old, he endured and survived a traumatic experience of rape, an event that deeply impacted his childhood. Iyer said he was gang raped at 11, four years after a relative sexually assaulted him. Iyer told the Blade these assaults impacted his confidence.

“Children go through sexual assault but they do not understand what is happening with them,” said Iyer. “Because they are children, they do not know its language. We do not call a penis a penis, we do not call a vagina, a vagina. I am 45 years of age, and I am talking about 1987 or 1988. People had very little understanding. When you do not have language to say what it is, you don’t say about it.”

Iyer said it is easier for girls to talk about sexual assault compared to boys, and as a result it was harder for him to speak out. He also struggled living in two worlds: One of morals and fairy tales, and another filled with hardships that he tried to mask.

“I opened up about my abuse at 18, after 11 years of continuous trauma,” said Iyer. “That was a different battle altogether. It was 1998-1999, a time with little awareness about child sexual abuse. When I told my parents, my mother understood that a child could be abused. My father, however, was not supportive and didn’t understand what was happening.”

Iyer shared how these events shaped his thoughts, values, and empathy for others facing similar challenges.

At 22, he began to understand his sexuality and came out to his parents as gay. At 40, he realized his gender could be fluid and has identified as gender-fluid since then.

Iyer shared his struggles in finding a job as an openly gay man in India’s conservative society. He now works at Axis Bank, one of India’s largest private banks. Iyer said joining the bank was a unique journey — he did not have any other job opportunities at the time.

“I applied for every job on LinkedIn,” said Iyer. “Axis Bank responded. I thought I’d be unhappy there, but I needed the money, so I applied. The process took a long time, but after several interviews, I was selected. During the interviews, I realized I could be myself. People saw me for who I truly am, and that worked wonders.”

“A week after joining, I started pushing boundaries,” he added. “The chief human resources officer called me to her office. After our conversation, she held me close and said, ‘You should not have to fit in — be who you are.’ Within six months, we created a charter with policies for the LGBTQ community. It’s called ‘Come As You Are.'”

Iyer told the Blade that Chief Human Resources Officer Rajkamal Vempati was upset with him.

She felt he was free to express himself at the company, but wasn’t doing so. Iyer said Axis Bank has a dress code policy for employees — one for men, one for women, and one for LGBTQ+ employees that allows them to choose the gender in which they want to present themselves.

He said he never expected to see such inclusion in a private sector bank in India before joining Axis Bank.

Iyer challenged sodomy law, continues to fight for marriage equality

On the third anniversary of the Supreme Court’s 2018 ruling that struck down Section 377, the provision of the country’s penal code that criminalized consensual same-sex sexual relations, Axis Bank in 2021 introduced policies and a charter for the LGBTQ+ community. Iyer, a long-time LGBTQ+ activist, continues to fight for equal rights.

He said Axis Bank became the first private bank in India to specifically welcome customers from the LGBTQ+ community.

“I was invited by the Social Justice Ministry for a consultation on LGBTQ+ rights,” noted Iyer. “During the discussion, it was proposed that all banks in India should open their doors to the LGBTQ+ community.”

Iyer was one of those who challenging Section 377.

The Supreme Court struck down the colonial-era law on Sept. 6, 2018. Iyer was also a plaintiff in Supriyo v. Union of India, which sought legal recognition of same-sex marriages in India. The Supreme court heard this case in 2023.

“Culture is an evolving phenomenon,” said Iyer. “It is not static. As culture evolves, we as people need to evolve. I would like to believe that my organization is always evolving and we will get better.”

Iyer told the Blade he doesn’t have a specific game plan for the future. As one of Axis Bank’s prominent figures, however, he feels LGBTQ+ people are equal citizens in India.

November 22 was a milestone for Nepal’s LGBTQ+ community.

Two transgender candidates, Honey Maharjan and Mouni Maharjan, members of the People’s Socialist Party-Nepal, ran in local elections. It marked the first time that trans people ran for office in the country.

Honey Maharjan ran for mayor in Kirtipur, a municipality outside Kathmandu, the Nepalese capital. Mouni Maharjan ran to become a ward chair in the same municipality. Although both candidates lost the election; experts, and activists consider their participation a significant milestone for LGBTQ+ representation in Nepalese politics.

Honey Maharjan, 44, is a former tour guide who faced discrimination because she is a trans woman. Maharjan nevertheless became a vocal advocate for LGBTQ+ rights.

Mouni Maharjan, 29, advocates for local infrastructure and LGBTQ+-inclusive education. Her campaign focused on introducing an LGBTQ+-inclusive curriculum in schools and creating employment opportunities for marginalized groups.

The Supreme Court in 2007 ruled the government must legally recognize a third gender. Six years later, in 2013, Nepal hosted its first-ever Pride parade, signaling growing visibility and acceptance of the LGBTQ+ community. The country’s new constitution, which ensures equal rights for LGBTQ+ people and all other Nepalese citizens, took effect in 2015.

The Supreme Court in 2018 issued a ruling that expanded protections for LGBTQ+ people in marriage, inheritance, social recognition, and other areas.

Sunil Babu Pant, founder of the Blue Diamond Society, a Nepalese LGBTQ+ rights group, in 2017 became the first openly gay person elected to parliament. Nepal since 2020 has allowed trans people to legally change their gender in official documents without surgery.

A study that UN Women and the Blue Diamond Society published in June 2023 found 81 percent of LGBTQ+ people in Nepal have faced physical violence, discrimination, and verbal abuse. Traditional societal norms and a lack of awareness make this situation worse.

Nepal is seen as a leader in LGBTQ+ rights in South Asia in terms of legal protections and a debate over marriage rights for same-sex couples. A large gap remains between policies and their implementation.

Political representation of LGBTQ+ people remains low.

Pant left office in 2023. There are currently no openly LGBTQ+ people in parliament or in the country’s policy-making policies.

During their campaign in Kirtipur, Honey Maharjan and Mouni Maharjan outlined key promises. They pledged to promote LGBTQ+ inclusion, especially in politics, and vowed to fight discrimination in education, healthcare, and employment.

Their campaigns also focused on ensuring equal rights and opportunities for marginalized groups. Honey Maharjan and Mouni Maharjan promised to raise awareness about LGBTQ+ issues to reduce stigma and discrimination in society.

Honey Maharjan told the Washington Blade said she was happy about running for office, and noted her family and friends supported her.

“Since Kirtipur has a large LGBTQ community still they did not come out to support me,” she said. “Nepal has other political parties like Congress, Communist Party of Nepal (Maoist Center) and many others, we did not had budget like theirs, so it was also our struggle. It is also challenging for us as people are not supporting us for what we are trying to do. They are supporting only prominent political parties in Nepal. So, these are our challenges as a transgender political candidate in Nepal.”

Honey Maharjan told the Blade she would have worked to provide education, health care, and better roads if she were elected.

“I did not win, so I am a little sad this time,” she said. “But I am happy that the media has covered my campaign, so I am grateful to all journalists.”

“Every community member needs to be inspired because we are not alone and we need to think that we have a large number of community members,” added Honey Maharjan. “If we do not come out, there will be difficulty, it’s our right.”

She also dismissed the idea that many trans people are sex workers.

“Many people are working in different sectors. I would request everyone to come out and support the transgender candidate in the next election,” said Honey Maharjan. “Elections are important because it creates awareness about the candidate otherwise everyone would think that transgender community is engaged in sex work only that is not true.”

Transgender activists in India and Pakistan are celebrating two legal advances in their respective countries.

Akkai Padmashali, an Indian trans activist, made history on Nov. 12 by obtaining a passport for her 5-year-old child, Avin, without including a father’s name. As a trans woman and single mother, she set a precedent not only for the trans community but for all women in the country raising children on their own.

Padmashali, who is one of India’s most prominent trans activists, in 2019 became the first trans woman in the country to officially adopt a child. A year earlier, she made history in Karnataka by becoming the first trans woman in the state to register her marriage with her husband, Vasudev V.

Padmashali expressed her joy to the media when she adopted Avin, stating she had always dreamed of becoming a mother.

“It has been my dream and desire,” said Padmashali in 2019. “Our families have accepted the baby. It’s heart-warming to see the little one playing on my mother’s lap. I just hope that he does not face any kind of discrimination and social stigma when he grows up.”

In 2019, the same year Avin was born, parliament passed the Transgender Persons (Protection of Rights) Act.

The law seeks to safeguard the rights of trans people and promote their welfare. It includes provisions for issuing identity certificates, protecting against discrimination in education, employment, healthcare, and other sectors, and establishing welfare programs. The law also addressed physical, sexual, verbal, emotional, and economic abuse through protections and rehabilitation programs, introduced complaint officers to handle grievances, and outlined penalties for offenses against trans people.

The Narendra Modi-led government on Dec. 23, 2016, amended the passport policy to accommodate single parents and others who may not wish to include a father’s name in the application. This move was part of broader efforts to streamline and liberalize the passport process in India. One significant change was the modification of the application form, allowing applicants to list either the mother’s name, father’s name, or legal guardian’s name, instead of requiring both parents’ names. The change sought to benefit single mothers, orphans, and children raised by legal guardians.

Padmashali during an interview with the Washington Blade emphasized this issue extends beyond the trans community. 

“This is not a question of the community—maybe a single mother, a single parent, most of the women across the world,” she said.

“People are struggling with the identity crisis,” Padmashali added. “In a system of majoritarian, there are so many people who are in the process of questioning the notion of marriage, questions the notion of civil relationship or partnership. Especially in my case, born a male, transformed into a female, and challenged the notion of patriarchal institutions in that way. I claim myself as a woman and also adopting a child, getting the child every document from the government is a big challenge. Especially in the state of Karnataka, I did not find it challenging — very supportive officers, a very supportive government, and a very supportive environment.”

Padmashali told the Blade she was very happy with the process of obtaining a passport for her child, describing it as completely hassle-free.

“I think the passport authority of this country is very sensitive. The passport gives a certain amount of recognition, especially for the transgender community,” said Padmashali. “Many transgender women have also adopted children, but [are] struggling with lots of identity crises.”

“In my case, it was a completely different scenario, I got my passport as a female, and Avin’s also getting the passport without naming the father, I think it’s a national issue,” she added. “From the transgender person’s point of view, I am happy that my Supreme Court has recognized the community and the parliament has recognized the Transgender Protection Act. India is in process of progressing, I would say.”

Pakistan’s Sindh province could implement first-ever Transgender Education Policy

Authorities in in Pakistan’s Sindh province — the country’s third-largest by land and its second most populous — on Nov. 13 approved the first-ever Transgender Education Policy.

The policy includes a separate category for trans children on school and college admission forms, alongside existing male and female options.

Sindh Education Minister Syed Sardar Ali Shah chaired the meeting during which the Transgender Education Policy was approved. A press release says it will now go before the provincial Cabinet for final approval.

The press release notes the proposed policy seeks to eliminate discrimination by providing education for trans children, and introducing job quotas for trans people in the recruitment of teachers.

The Sindh government says trans activists and advocates helped develop the policy.

Shah highlighted the significant challenges faced by the trans community in accessing education, including prejudice, mistreatment, and exclusion. He noted that financial constraints and limited employment opportunities often make education unaffordable, while the fear of harassment in educational institutions further deters transgender individuals from pursuing it. Shah also emphasized that the policy aims to safeguard the identity, safety, and educational needs of trans people.

The press release notes the policy also includes training for teachers to understand the psychological and educational challenges that trans children face. It also aims to develop skills among trans people, and foster a harassment-free environment within educational institutions. The policy seeks to raise public awareness about the need to promote equal opportunities and rights for trans people.

Anusha Tahir Butt, chair of the Transgender Empowerment Organization, said the Transgender Education Policy’s initial approval as a significant step towards greater inclusion and equality for trans people.

“This policy acknowledges the challenges faced by transgender individuals in accessing education and employment, offering them a dedicated space in schools, colleges, and government jobs,” said Butt. “It’s a much-needed step in breaking down the societal barriers of discrimination, harassment, and exclusion that transgender people often face.”

“By including separate categories for transgender children on admission forms and reserving job quotas, Sindh is helping to create a more supportive and equitable environment,” she added. “The policy also focuses on teacher training, anti-harassment measures, and skill development programs, all of which contribute to empowering transgender individuals to lead independent, fulfilling lives. This is a powerful example of how policy can drive social change and encourage a more inclusive society in Pakistan. “

Butt noted societal stigma and prejudice against the LGBTQ+ community remain deeply entrenched in Pakistan, particularly in conservative areas.

“Discrimination and harassment in educational institutions could deter transgender and LGBTQ students from pursuing their education, despite the policy’s provisions for anti-harassment measures,” she said. “Furthermore, effective implementation could be challenged by limited resources, infrastructure, and political will, particularly in rural areas. Bureaucratic delays and gaps in broader legal protections for LGBTQ rights may also impede the progress of these initiatives.”

Vice President Kamala Harris’s loss in the U.S. presidential election has elicited mixed reactions among LGBTQ+ activists in India.

A notable portion of Indians expressed support for now President-elect Donald Trump over Harris, even though her maternal lineage traces back to India. Her mother, Shyamala Gopalan, was born into a Brahmin family in Chennai in 1938, and her grandfather, PV Gopalan, hailed from the village of Thulasendrapuram in Tamil Nadu.

Harris’s loss prompted mixed reactions within the LGBTQ+ community.

While some individuals expressed disappointment, others backed Trump.

The Washington Blade in August reported that Harris’s grandfather moved to New Delhi to serve as a civil servant in British-ruled India. This move eventually facilitated Gopalan’s journey to the U.S., where she pursued biomedical science at the University of California, Berkeley a step that played a foundational role in shaping Harris’s future political aspirations.

The Washington Blade since Election Day has spoken with several LGBTQ+ activists and influencers in India.

Harish Iyer, a plaintiff in one of India’s marriage equality cases, in response to Trump’s election said the “path for queer liberation has never been straight.”

“The presidential election was filled with rhetoric from the Republican side against transgender persons,” said Iyer. “There has been a complete denial of the existence of transgender people and also widespread ignominy and ostracism. This, adding to the overturn of Roe vs. Wade, has aggravated tensions for everyone from gender variant persons to birthing parents of all genders.”

He further noted there is a strong change of more transphobic legislation and rhetoric in the U.S. with Trump in the White House, Republicans in control of the U.S. Senate and the U.S. House of Representatives, and a conservative majority on the U.S. Supreme Court.

“In a largely connected world, where many Indians and India-born people are in America, the effect of this will be palpable in India too,” said Iyer.

Indrani Chakraborty is a prominent social activist and advocate for transgender rights, particularly in northeast India. She has been outspoken about the challenges faced by her trans daughter.

Chakraborty said the effects will be felt around the world if Trump continues his transphobic rhetoric and the U.S. government does not support the LGBTQ+ community. Anwesh Kumar Sahoo, an Indian artist, writer, model, and the youngest winner of Mr. Gay World 2016, told the Blade that Trump’s policies are a setback in the ongoing fight for LGBTQ+ rights and visibility.

“It’s a strong reminder of how interconnected our struggles are globally,” said Sahoo. “It highlights the importance of standing up for equality everywhere.”

Abhijit Iyer Mitra, an LGBTQ+ activist and senior fellow at the Institute of Peace and Conflict Studies, in response to Harris’s loss said her Indian roots “really do not matter.”

“America expects assimilation and not just integration,” said Mitra. “She has no real connect to India in any sense or knowledge of India in any sense. So, being from here absolutely means nothing. She is American through and through, she has demonstrated no knowledge of India, no nothing, so it is what it is.”

“I am not really worried, certainly not from an Indian point of view because her particular political supporters are all viciously anti-India, but not Biden,” added Mitra. “Biden is pro-India. But Kamala, especially her supporters, belongs to the same woke circuit which would be… ‘Oh India … genocide happening’ etc. So just being Indian means nothing.”

While responding to the Trump campaign’s rhetoric on trans issues, Mitra said “the issue is not the transgender community, but the forcing of gender ideology on everyone, where you put kids on puberty blockers and have irreversible surgery done, and kids taken away from their parents.”

“I thought I was a girl when I was a kid,” said Mitra. “When I grew up, I realized that I was a man. I am very comfortable being who I am and thank God none of this happened. Had this happened now, I would have been taken away from my parents, asked to undergo surgery, and would not have been able to lead the life I am leading.”

“What is being propagated as this ‘trans ideology’ or ‘gender ideology’ is essentially homophobia, where you are told a man cannot be attracted to a man. A woman cannot be attracted to a woman. They are instead pushed to undergo irreversible sex changes and become something else,” added Mitra. “This is exactly what Iran does — they punish homosexuality with death, but if you have a sex change, it is considered acceptable.”

“There is nothing pro-LGBTQ about the Democrats — far from it. It is an LGBTQ genocide. It is erasing the viability of the LGBTQ community. It is a huge disservice to gender dysmorphic individuals, who are the ones who might genuinely need surgery. But why do they need surgery? It is because they are shunned by society and forced to undergo something that no one should have to endure,” said Mitra. “They need to be accepted and loved for who they are, not turned into something society demands them to be.”

Sarah McBride, a Democrat from Delaware, on Election Day became the first openly trans person elected to Congress. Biden, former President Barack Obama, California Gov. Gavin Newsom, and Illinois Gov. JB Pritzker are among those who specifically mentioned marriage equality and other LGBTQ+ rights during the 2024 Democratic National Convention in Chicago.

“Kamala’s defeat is a huge setback for our friends from the LGBTQ community in the U.S.,” Kalki Subramaniam, an activist, queer artist, and actor who is a member of India’s National Transgender Council, told the Blade.

“As a Tamil woman from Kamala’s mother’s state, I am disappointed that Kamala was not elected,” added Subramaniam. “As Kamala said, never give up and burn bright. For all my LGBTQ families around the world, let us support more leaders like Kamala Harris and strengthen them. Let us step forward and take leadership to win back all our rights.”

Climate change is real, impacting everyone around the world, and India remains at the forefront of its effects.

Changing weather patterns cause food insecurity, hitting vulnerable communities the hardest. The transgender community in particular suffers disproportionately, as their already limited access to resources worsens in times of crisis. 

As India battles climate change, the struggle for survival and dignity intensifies for those most marginalized.

In India, LGBTQ people, particularly the trans community, frequently face family conflict that leads to forced displacement that is often accompanied by violence or the threat of violence. Many trans people, as a result, become homeless, frequently finding themselves in low-lying areas that are prone to frequent flooding, further exacerbating their vulnerability.

Many trans Indians are involved in sex work or rely on begging in public spaces that include streets, or on trains and busses. Their means of survival are disproportionately affected, often more severely than other communities, during floods, heatwaves, and other climate change-induced events.

Trans Indians involved in begging are particularly vulnerable, often working in the heat or heavy rain without access to basic facilities. They often have no choice but to continue working to survive, despite the toll on their mental and physical health.

The Council on Energy, Environment, and Water, a policy research institute in India, has identified Assam, Andhra Pradesh, Maharashtra, Karnataka, and Bihar states as highly vulnerable to extreme climate crises. Andhra Pradesh, Maharashtra, Bihar, and Uttar Pradesh also have relatively high populations of trans people.

Many of them, particularly those with HIV or are undergoing hormonal treatments, face additional health risks. Extreme temperatures, which India experiences annually, can negatively affect their treatments and overall well-being.

The U.N. says climate change disproportionately affects the poorest and most vulnerable, worsening existing inequalities. 

Efforts to improve the trans community’s well-being include the World Health Organization’s development of guidelines aimed at enhancing trans health, providing evidence-based recommendations, and implementation guidance for health sector interventions.

Marginalized communities, including trans people, faced heightened challenges during the 2015 Chennai floods due to limited access to relief and rehabilitation efforts. Many were forced into unsafe shelters and lacked access to food, medical supplies, and other essential services. The informal economy on which many trans people rely for survival was also severely disrupted during the crisis.

Trans people were also among the hardest hit during the 2018 Kerala floods.

They faced discrimination in relief camps where some were denied access to shelter and sanitary facilities. NGOs and activists highlighted the lack of sensitivity in disaster management policies toward the trans community, prompting increased discussions about addressing trans-specific needs in disaster response frameworks.

The climate change-induced floods in Assam in 2020 also placed trans individuals in vulnerable situations. Many of them struggled to access government relief measures because of societal stigma, and, in many cases, a lack of legal recognition. 

The floods displaced hundreds of thousands of people, and trans people were often overlooked in the distribution of relief aid.

Although there is no specific data available for India’s trans community, heat waves this year caused more than 700 deaths nationwide, significantly higher than the official government count of 360 facilities.

Activists in India have raised concerns about the challenges faced by the trans community during climate change-induced disasters.

The Indo-Global Social Service Society, an NGO focused on eliminating social inequality, said the trans community during disasters experiences disruptions in their normal coping mechanisms. Trans people often become displaced or are relocated to areas where they lose connection with their existing support networks, forcing them to cope with the disaster’s aftermath in isolation.

The IGSSS report also highlights the low priority given to trans people during rescue, relief, and rehabilitation efforts. 

It notes disaster assessment forms typically categorize gender as only male or female, which fails to capture the specific needs and experiences of trans people. This exclusion hampers effective planning and delivery of relief efforts. Trans people who have undergone gender-conformation surgery may also face aggravated health problems during disasters: More infections, urinary tract issues, and other medical complications. 

The report also indicates shelters are often not conducive for trans people, who frequently face discrimination and a lack of acceptance. These facilities typically have separate toilets for men and women but lack gender-neutral facilities, leading to verbal abuse and threats when trans people attempt to use any restroom.

Governments should ‘create more tailored’ disaster relief policies

Nepal’s trans community also faces the same challenges from climate change that their Indian counterparts.

Devastating floods that swept across Nepal on Sept. 26 left approximately 219 people dead. Flooding and landslides displaced 12,000 families. 

While there is no specific data on how many trans people this disaster directly impacted, the Nepali trans community’s experiences mirror those their Indian peers have faced during similar crises. The lack of targeted support and recognition of their unique needs in disaster response underscores the ongoing vulnerabilities both communities endure in the face of climate change.

The Washington Blade reached out to the Queer Youth Group, an LGBTQ organization in Nepal. 

Nanboong, the group’s communication officer, said that while climate change affects the LGBTQ community in Nepal as it does other groups, its impact is particularly pronounced among trans people.

“The government should create more tailored policies addressing the specific needs of LGBTQIA people in relation to climate change, and they need to do more to ensure these communities are adequately supported during climate-related disasters,” said Nanboong.

The Blade also reached out to Kalki Subramaniam, a trans activist, queer artist, and actor who is a member of India’s National Transgender Council. 

She explained that many LGBTQ people face rejection from their families, making them vulnerable to being forced out of their homes. This lack of familial support, coupled with limited access to housing and employment, leads to significant mental and physical health challenges. 

Subramaniam noted queer people often struggle with acceptance in both the job market and housing. She added trans people, particularly those who drop out of school, are frequently pushed into Chennai’s slums. 

“Many of my friends from the transgender community live in low-lying areas near the sea and highly polluted rivers,” said Subramaniam. “In these areas, they are somewhat accepted because others living there are also marginalized. However, during floods and heavy rains, their livelihoods get washed away.”

“Their homes are also destroyed,” she added. “I have a friend named Kartika, who used to beg on trains and in market areas. She wanted to start a business and opened a small idli (a traditional South Indian breakfast cake made from fermented rice and lentil batter) shop near the slum. Unfortunately, after just two months, her shop was completely washed away during the rains, with garbage piling up because of the flooding.”

Subramaniam told the Blade that Kartika, after losing her idli shop to the floods, was unable to recover from the setback and returned to begging. She lacked the necessary infrastructure and motivation to restart her business.

“The government should create policies that are more sustainable for the transgender community,” said Subramaniam. “Due to the lack of support and employment opportunities, transgender individuals are also victimized by climate change.” 

“On one hand, the government should focus on providing economic benefits, while at the same time, it should consider our community when framing climate change policies,” she added. “This should include how transgender people are treated during disasters.”

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. 

Outright International on Thursday unveiled a report that documented LGBTQ resistance to Myanmar’s coup.

The report — LGBTQ Anti-Coup Resistance in Myanmar” — sheds light on the resistance of the LGBTQ community in Myanmar against the backdrop of military oppression. It documents the alarming effects of violence and impunity the junta perpetrates against LGBTQ people, revealing the harsh realities they face daily.

The report also illustrates how the 2021 coup has abruptly stifled the progress for which LGBTQ human rights activists had been striving, derailing their efforts toward achieving legal reform and fostering social acceptance. The findings underscore the resilience and determination of the LGBTQ community; even in the face of grave adversity, highlighting their unwavering fight for dignity, and rights amid turmoil.

Outright International Asia Regional Coordinator Grace Poore presented the report.

Poore as she took the stage expressed gratitude to all the human rights defenders and members of the LGBTQ community who contributed to the report.

She painted a vivid picture of what it means to be LGBTQ in a time of political turmoil and military dictatorship. Poore emphasized the unique challenges that LGBTQ people in Myanmar face — a context where they are already vulnerable to police bigotry and discrimination. She highlighted the oppressive environment that criminalization laws create, illustrating the profound impact of these societal and legal barriers on the lives of LGBTQ people.

Poore during her presentation emphasized its critical findings, noting the alarming use of sexual and gender-based violence against LGBTQ people in Myanmar. She stressed how these acts of violence are not merely statistics but represent the harsh realities that countless individuals struggling for their rights and dignity face. Poore also called on the international community to take decisive action, stressing the report offers vital recommendations aimed at restoring democracy in Myanmar and safeguarding the rights of all its citizens, including LGBTQ people.

Poore said Outright International interviewed 14 LGBTQ people from 2021-2024: Eight gay men, one bisexual man, two bisexual women, one lesbian, one transgender woman, and one trans man who identifies as a lesbian. She emphasized Outright International worked closely with LGBTQ organizations in Myanmar and along the country’s border with Thailand.

2021 coup toppled democratically-elected government

Myanmar’s military on Feb. 1, 2021, claimed, without any evidence, the results of the country’s election that took place in November 2020 were fraudulent. This unfounded assertion sparked a military coup d’état, leading to the arrest of political leaders who had won the election and the ouster of the democratically-elected government. 

The military almost immediately declared a national emergency, igniting widespread protests against the dictatorship. The demonstrators comprised a diverse coalition of university students, workers from unions, everyday citizens, and members of the LGBTQ community. They peacefully demanded the restoration of a civilian government, and evolved into a robust civil disobedience campaign that spread across the country.

Police and security forces used high-powered rifles, rubber bullets, and water cannons to suppress the growing protests. This crackdown resulted in numerous casualties and injuries — an 18-year-old gay man who was shot in the head died. A lesbian and a trans man were also killed during the protests.

Poore said the total number of LGBTQ deaths remains unknown, underscoring the devastating toll of violence on the community during this time of upheaval.

She noted exiled National League for Democracy leaders in April 2021 formed a shadow government, known as the National Unity Government. Poore emphasized years of LGBTQ advocacy played a crucial role in making the National Unity Government more inclusive and supportive of LGBTQ rights.

“There was no objection at all to my sexual orientation,” said Aung Myo Min, the first openly gay man named to a government post. The National Unity Government in April 2021 appointed him as Human Rights Minister. “It’s such a breakthrough. I do not need to hide or stay in the closet as a Cabinet minister. I feel very proud. This is new history for Myanmar.”

The report notes the National Unity Government in September 2021 declared war on the military junta.

The shadow government swiftly mobilized its supporters to join the People’s Defense Force, a move that marked a significant escalation in the resistance. Poore said this widespread mobilization of people transformed the nature of the anti-junta struggle, intensifying the fight against military oppression and reshaping the resistance movement across Myanmar.

The report notes volunteers who joined the People’s Defense Force underwent extensive training to take on various critical roles. They were trained not only for combat but also to conduct intelligence operations and ensure clandestine food and medical supplies. This covert network of support played a vital role in sustaining the resistance, allowing volunteers to effectively challenge the military junta while helping communities survive under harsh conditions.

“Before the coup, the LGBTQ human rights defenders were working to abolish or amend Section 377 of Myanmar Penal Code, a British colonial law that criminalized consensual same-sex intimacy,” noted Poore while presenting the report. “They were pushing for reform of the 1899 Rangoon Police Act that targets trans people and queer men for criminalization and gives police broad, arbitrary powers to enforce the law. Myanmar held public events for Yangon Pride, the International Day against Homophobia, Biphobia, and Transphobia from 2014 to 2020.”

Poore noted the National League for Democracy in its 2020 election platform pledged to eliminate discrimination against LGBTQ people. 

The report highlights people — including LGBTQ activists — in Myanmar faced severe charges for their involvement in the resistance. The junta accused them of sedition and acting against the state for participating in peaceful protests, attending protest-related meetings, providing shelter and hiding places for LGBTQ people, and sharing anti-coup information on social media. Any expression of criticism against the dictatorship was also met with harsh consequences, as the military junta targeted those who dared to speak out, further silencing dissent and endangering activists.

Outright International’s report notes the junta has weaponized laws, such as Section 505 of the penal code, and counter-terrorism laws to punish LGBTQ people and others. The report emphasizes these are antiquated laws the junta expanded and strengthened during the coup to wield greater power against those fighting for democracy. 

Many LGBTQ individuals in Myanmar after the coup stopped publicly identifying themselves as LGBTQ to protect themselves from military violence. 

The report noted an increase in sexual and physical violence, particularly against those who were visibly trans or gay, after the coup. The escalating brutality against them underscores the heightened risks faced by those who could not easily hide their identities, revealing a grim reality for Myanmar’s LGBTQ community during the military regime.

The report details the story of a trans woman, well known for her beauty parlor and her role in organizing anti-junta protests. 

Security forces detained her for three days. Officers whipped her with a belt, forcibly cut her hair, stripped her naked, and groped her breasts while she was in custody. They also used pliers to remove her long fingernails. 

“In general, the experiences of lesbian, bisexual, and queer women, as well as transgender men, had much lower visibility during the coup,” Poore said while presenting the report. 

She explained it was particularly challenging to find information about lesbian, bisexual, and queer women actively involved in the anti-coup resistance and to gather their testimonies about sexual and gender-based violence. 

The report also notes the coup forced many LGBTQ organizations in Myanmar to shut down, compelling them to relocate to Thailand to continue their work from exile. This displacement not only disrupted vital support networks but also underscored the harsh reality faced by activists who were now operating under constant threat. These organizations nevertheless remain committed to advocating for LGBTQ rights and to provide assistance to those who are still in Myanmar.

Outright International in its report called on the Myanmar military junta to immediately stop its attacks on civilians, particularly LGBTQ people who are on the frontlines of the resistance. 

The report urged companies to halt any trade or business engagements with the junta and its affiliates without delay. It also recommends economic sanctions on junta leaders and increasing support funding for Myanmar’s LGBTQ activists. The report further emphasizes the need for greater engagement with lesbian and queer women’s groups in Myanmar, as well as providing both emergency and long-term resources for LGBTQ people in the country. 

The report also highlights the importance of ensuring the effective implementation of reporting and redress mechanisms for LGBTQ people; lesbian, bisexual, and queer women, and other marginalized groups, aiming to protect their rights and dignity in the face of ongoing violence and oppression.

Human rights activist May Sabe Phyu during the webinar explained that Myanmar has a deeply patriarchal society that favors men over women.

Feminist organizations before the coup focused on shifting these entrenched gender norms. Their work involved unpacking and challenging gender stereotypes, aiming to create a more equal society where women, including lesbian, bisexual and queer women, could thrive without being limited by traditional expectations.

Aung Myo Min said the National Unity Government strives to be as inclusive as possible, even though it is in exile, and is making a conscious effort to represent and support the diverse communities of Myanmar, including the LGBTQ population.

“Myanmar has a very diverse ethnicity,” said Aung Myo Min. “You can see the composition of the NUG. We have members who are winners of the election, some are nominated from ethnic groups. I came from a civil society background. I was an openly gay man, one of the first openly gay men from the 1980 movement. So having me as Union Minister is such a progressive and inclusiveness of the LGBTQ people in the government. This is the result of decades longs struggle of LGBTQ people.”

Sai Kham La (a pseudonym), an LGBTQ activist working from exile in Thailand, emphasized the importance of continuing the fight for LGBTQ rights and broader human rights. 

Speaking from his experience in exile, he highlighted that despite the challenges, it remains crucial to persist in advocating for the LGBTQ community and ensuring their rights are upheld, even in the face of oppression and displacement.

“We have seen the impact of our work from those days,” said Sai Kham La. “The harder the oppression is, the greater the unity becomes. We were never this much united before.”

Senior Director of Law and Policy at Outright International Senior Director of Law and Policy Neela Ghoshal at the end of the webinar emphasized the severity of the situation for LGBTQ people under the junta. 

“The harm LGBTQ people are facing under the junta is grave and pervasive,” she said.

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. 

In the vast expanse of India, a land steeped in ancient wisdom and culture, where the echoes of tradition sing of respect for all beings, there exists a paradox. Transgender people, known as hijras, for millennia have been woven into the fabric of society, acknowledged, even revered. Yet today, this same community stands on the precipice of suffering, their dignity bruised, their existence imperiled.

Despite the Supreme Court rulings and the Transgender Persons (Protection of Rights) Act of 2019, discrimination festers and crimes against trans people continue to rise unchecked. 

The 2019 law, once a beacon of hope, now seems a faint whisper amid societal prejudice. India, for all its storied past, must reckon with the reality that its ancient recognition means little if the present offers only misery.

The figures, as the National Crime Record Bureau presents, suggest a seemingly low rate of crime against trans people. At a glance, one might draw comfort from these numbers, imagining progress in a society long burdened by prejudice. But beneath this veneer lies a graver truth: Activists, ever watchful and weary, suspect gross underreporting. The numbers, it seems, tell only half the story.

In the sprawling ledger of tragedy that is the Crimes in India: 2022 report, the NCRB lists 29,356 souls lost to murder, and only nine of these were trans people. A mere number on a page, some might say. But this figure, far from reassuring, is chilling in its implication. 

Among the grim tally of 110,140 cases of adult kidnapping and abduction, only one trans victim emerges from the records — a stark and haunting singularity. The NCRB reports no instances of rape, sexual assault, or mob lynching involving trans people. This absence is, however, not a triumph, but a troubling silence. It raises the question: Do these crimes not occur, or do they vanish from the pages of the records? The silence of statistics can be as deafening as the violence they fail to capture.

Another NCRB report lists only 236 trans people as victims of rape — an astonishingly low figure in a landscape where so much remains hidden. The report does not include any cases of rape, nor the heinous crimes of buying or selling minors for prostitution, in which trans people were victims. The true scale of suffering, it seems, remains buried beneath a system that fails to recognize or record their plight fully.

Parliament passed trans rights law in 2019

Parliament on Nov. 26, 2019, took what seemed a bold step towards justice when it passed the Transgender Persons (Protection of Rights) Bill. 

The law, as written, promised protection and welfare for India’s trans community, declaring that crimes against them that range from forced labor, to denial of access to public spaces, and even removal from households and villages, would not be tolerated. The law also acknowledged physical, sexual, verbal, emotional, or economic abuse as offenses.

Penalties for these offenses — forced labor, denial of rights, or various forms of abuse — under the law are modest at best, ranging from six months to two years’ imprisonment, along with a fine. 

India in recent years has seen a disturbing rise in cases of mob lynching against trans persons. One such tragic incident occurred on Feb. 13, 2024. Raju, a 50-year-old trans person from Telangana state’s Nizamabad district, fell victim to brutal mob violence after a false rumor of child kidnapping swept through their village — a village they had called home.

Raju, a cattle herder and beggar, was simply trying to make ends meet when the mob, blinded by fear and ignorance, turned on them.

Authorities would later clear Raju’s name, confirming they had no involvement in any such crimes. But the truth came too late. Raju had succumbed to their injuries by the time they reached the local hospital, a life senselessly lost to hysteria and hatred.

A similar tragedy unfolded in Hyderabad in 2018. 

Rumors of child kidnapping and burglary sparked fear and suspicion, culminating in a brutal attack on a group of trans people. One was killed, and another severely injured as the mob, driven by unfounded accusations, unleashed their violence. 

A group of Kanwariyas, devotees of Lord Shiva on a sacred pilgrimage, on July 29 brutally beat a trans woman in Uttar Pradesh state and ripped her clothes off after they wrongly suspected her of theft. The woman’s fate seemed sealed as the mob grew angrier, but authorities intervened in time. They rescued her and brought her to a police station. Authorities confirmed what the frenzy of the mob had failed to see: She was not a thief, merely another victim of suspicion and violence.

A group of trans women on Aug. 16 set out for RG Kar Medical College to join a protest against the West Bengal government, outraged by the gang rape of a trainee doctor at the hospital. Their journey, however, took a dark turn at the Rabindra Sadan metro station. 

One of the trans women alleged a Railway Protection Force officer, under the pretense of “checking” her gender, groped her. The group later filed a case against him, exposing yet another instance of indignity faced by trans people in public spaces where even their very identity is subject to humiliating scrutiny.

Report: 92 percent of trans people have faced physical or verbal abuse

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization working on a grassroots level to bridge the gap by conducting sensitization workshops with law enforcement agencies and local communities to foster greater understanding and inclusivity, highlighted to the Washington Blade the severe challenges that trans people in Jharkhand state and across India face.

He noted trans people often encounter hostility, harassment, and dismissive attitudes from the police when they try to file First Information Reports. Shah said the crux of the problem lays in the lack of sensitization and awareness within the police force regarding trans identities. This systemic issue not only discourages the community from seeking justice but also perpetuates the cycle of abuse and marginalization they endure.

“As the founder of Jamshedpur Queer Circle, we have witnessed firsthand the systemic discrimination faced by transgender individuals, particularly when they attempt to interact with law enforcement,” said Saha. 

“A report by the National Human Rights Commission (NHRC) in 2018 highlights that 92 percent of transgender individuals have faced physical or verbal abuse, often by law enforcement officials themselves,” he added. “Many police stations lack gender sensitization programs that could foster respect and professionalism when interacting with LGBTQ individuals. As a result, transgender individuals are deterred from seeking justice, and crimes against them often go unreported or uninvestigated.”

Saha highlighted a particularly troubling case involving a trans woman in Jharkhand who officers relentlessly mocked when she attempted to file a domestic violence complaint at a local police station. Saha said her ordeal is a glaring example of how law enforcement practices not only fail to protect trans people but actively alienate and further victimize them. 

Saha remarked that NCRB data showing 236 trans victims without any registered cases is both alarming and unsurprising. He emphasized this statistic starkly reflects the deep-seated systemic issues that prevent trans individuals from accessing justice. 

Saha added the barriers to reporting crimes, combined with a lack of trust in law enforcement, create an environment where many victims remain unheard of and their cases unrecorded.

“While the Supreme Court’s NALSA judgment in 2014 and the subsequent Transgender Persons (Protection of Rights) Act, 2019, were landmark decisions for the transgender community, the reality on the ground tells a different story,” he said. “Despite these legal protections, violence against transgender individuals persists due to deeply ingrained social prejudices, lack of awareness, and failure in the implementation of these laws.”

Saha added one “of the biggest issues is the gap between policy and practice. Although the law mandates the protection of transgender individuals, societal attitudes are slow to change.”

He pointed to a 2018 International Commission of Jurists study that notes 73 percent of trans people said they have experienced violence from family members, while 47 percent faced physical assault from members of the public.  

“Even though the legal framework exists, enforcement agencies and local administrations often lack the willingness or training to implement it effectively,” said Saha.

He told the Blade that his organization has encountered numerous cases where authorities did not respond to trans people who faced mob violence or domestic abuse. Saha emphasized  societal stigma and deep-rooted biases, reinforced by inadequate law enforcement, contribute to ongoing violence and discrimination against the transgender community. 

“As a society, we need more awareness campaigns, stricter enforcement mechanisms, and a cultural shift to create an environment where transgender individuals feel safe and respected,” he said. 

Without these changes, he warned, the cycle of marginalization will persist.

Kalki Subramaniam, a trans activist, queer artist and actor who is a member of the National Transgender Council, during an interview with the Blade discussed the mistreatment of trans people in police stations across India.

She said law enforcement often do not treat trans people with dignity. 

“When a trans woman is raped, her FIR is almost never registered,” added Subramaniam. “That could be because the police are not sensitized enough about transgender people around the country.” 

“Across the country, the situation is the same,” she told the Blade. “Even though there are lots of changes legally, police personnel need to be sensitized on a wider network. A few states have done some work, but the majority of Indian states have not.”

Subramaniam in response to the reported number of trans rape victims expressed deep shock, emphasizing violence against the trans community is widespread across India. She pointed out the figures only represent documented cases, while hundreds of crimes — particularly violence and rape — remain unreported and undocumented. 

Subramaniam highlighted the persistent stereotyping of trans individuals, adding only extensive government-led sensitization programs can undo it.

“As a member of the National Transgender Council under the Ministry of Social Justice, I have already emphasized in meetings that all ministries and departments must be sensitized on transgender rights and issues,” said Subramaniam. “Once again, I will talk about the rape issue in the meeting in the ministry.”

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 for decades endured deep-seated discrimination and societal repression, living in the shadows of a nation that often refused to see them. Yet, in recent years, a wave of change has swept across the country. 

Slowly but surely, the community is winning battles on multiple fronts. The most significant breakthrough came in 2018 when India’s Supreme Court struck down Section 377, decriminalizing homosexuality. This landmark ruling not only rewrote a colonial-era law — it ignited hope, signaling the dawn of a more inclusive India where love is not a crime.

India’s Social Justice and Empowerment Ministry on Sept. 1 took a bold step, inviting feedback from stakeholders and the public to shape more inclusive policies for the LGBTQ community. This move follows the Supreme Court’s landmark October 2023 directive in the Supriya v. Union of India case, which called on the government to safeguard LGBTQ rights. 

The government since then has initiated several measures aimed at creating a more equitable future for the community, ensuring their voices are heard, and their interests protected.

The Indian government in response to the Supreme Court’s ruling formed a high-level committee, chaired by the Cabinet secretary, to clarify and define the rights and entitlements of the LGBTQ community. The Social Justice and Empowerment Ministry announced this in a statement, marking a crucial step toward formalizing protections, and ensuring the community’s legal recognition and inclusion in India’s evolving social framework.

The Indian government in April formed a committee that includes officials from the Home Affairs, Women and Child Development and Health, and Family Welfare Ministries with the secretary as the convening member. The committee by May met to tackle pressing issues facing the LGBTQ community. 

Their discussions covered vital matters like the issuance of ration cards, allowing LGBTQ people to open joint bank accounts with their partners, and preventing harassment based on gender identity and sexual orientation.

Ration cards in India serve as official documents that state governments issue, granting eligible households access to subsidized food grains through the Public Distribution System under the National Food Security Act. These cards are a lifeline for many, ensuring affordable food security for millions across the country.

The Washington Blade in July reported the Home Ministry issued a memo to state and territorial officials, as well as prison administrators, that acknowledges discrimination and violence queer people often face because of their sexual orientation and gender identity. The government urged states and territories to ensure equal rights for queer inmates, instructing officials to prevent discrimination and uphold visitation rights, 

The Department of Food and Public Distribution, meanwhile, has advised state and territorial governments to recognize partners in queer relationships as members of the same household for ration card purposes. This directive seeks to prevent discrimination and ensure that LGBTQ couples receive equal access to subsidized food and benefits under the Public Distribution System.

The Health and Family Welfare Ministry has already taken significant steps to prevent discrimination in healthcare. 

It issued guidelines that prohibit so-called “conversion therapy” and other harmful practices and ensure access to gender-affirming surgery. These measures aim to create a safer and more inclusive healthcare environment for LGBTQ people, affirming their right to respectful and appropriate medical care.

The Indian government has announced that it is developing additional guidelines to support the mental health and well-being of the LGBTQ community. They include the establishment of medical protocols for intersex babies and children that seek to provide more compassionate and informed healthcare interventions. 

The government has also invited the public to share their suggestions and feedback on additional measures to support the LGBTQ community.

Rani Patel, president and founder of Aarohan, during an interview with the Washington Blade expressed frustration with the government’s slow progress in implementing LGBTQ initiatives. She highlighted the ongoing challenges faced by transgender people, noting they often face skepticism and doubt when they introduce themselves as trans.

Patel emphasized the need for faster, more effective action to change societal perceptions and protect the dignity of trans people in India.

“They should have a choice that they reveal their identity as transgender individual,” she said. “[At a] maximum transgender people are now getting married, because they do not trust the government or government’s initiatives. They are not finding protection, security, or benefits.” 

“We work with a huge number of transgender individuals, and we know because of these issues, no government schemes are benefiting the transgender community,” added Patel.

Patel said only 1 percent of India’s trans or LGBTQ community will likely benefit from these efforts. She stressed the need for more comprehensive efforts to ensure these policies reach and uplift the broader community, rather than just a small fraction.

Harish Iyer, a plaintiff in the Supreme Court’s marriage equality case who is also the head of diversity, equity and inclusion at Axis Bank, on Tuesday spoke with the Blade after government officials announced they plan to seek public input on LGBTQ issues.

He described how they attentively listened to the community’s needs, took detailed notes as he passionately spoke. Iyer said the meeting was a hopeful sign of what he described as genuine engagement and commitment to addressing their concerns.

“I am pleasantly surprised to see a list of directives issued,” said Iyer. “I had suggested a directive that could be issued so that all banks could open their doors to LGBTQIA+ people without bias. I know that there is nothing that restricts any two people from opening a joint account as I had introduced the same in Axis Bank in 2021 and had checked all policies then. Now, what was a reality in Axis Bank, has been reiterated through a directive. Now any two people can avail of this in any bank.

When asked about his colleagues’ reactions to the new directive, Iyer shared with a smile that they are “delighted.” 

“All banks and facilities should open their doors. I’d rather compete with peers on providing better service for the community,” he said. “Ultimately, it’s the community that should reap the long-term benefits.”

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. 

The Delhi High Court on Aug. 13 directed the Indian government to clarify its stance on non-consensual sexual offenses against LGBTQ people and men under the country’s revised penal code. The court’s order has spotlighted the gaps in the legal framework, urging the government to address the protection of these vulnerable groups within the new law.

The Indian LGBTQ community on Sept. 6, 2018, celebrated one of its most significant legal victories when the Supreme Court struck down Section 377 of the country’s colonial-era penal code that criminalized consensual same-sex sexual relations. The Supreme Court invalidated the law for consensual acts, but it retained provisions that concern non-consensual sex to protect transgender people and other vulnerable communities.

The Bharatiya Nyaya Sanhita, which revised the existing penal code, took effect on July 1 and entirely omits the law.

“Where is that provision? There is no provision at all,” asked the court. “There has to be something. The question is that if it is not there, then is it an offense? If an offense is not there and if it is obliterated, then it is not an offense.”

The petitioner who approached the Delhi High Court said the omission of protections in the new law could have unforeseen consequences. The petitioner, lawyer Gantavya Gulati, argued that even after the Supreme Court’s 2018 ruling that decriminalized consensual same-sex sexual relations, Section 377 continued to provide crucial protection to men and LGBTQ people from non-consensual sexual acts.

The Parliamentary Standing Committee on Home Affairs, in its 2023 report on the Bharatiya Nyaya Sanhita, noted that omitting Section 377 would result in the absence of penalties for non-consensual sexual offenses against men and trans people, and for acts of bestiality. The committee, therefore, recommended including Section 377 in the Bharatiya Nyaya Sanhita.

The Supreme Court in its 2018 ruling referred to the portions of Section 377 that criminalized consensual sex as “irrational, indefensible, and manifestly arbitrary.” The Supreme Court at the time emphasized authorities used Section 377 as a weapon to harass LGBTQ people, leading to widespread discrimination.

“Persons who are homosexuals have a fundamental right to live with dignity,” said the Supreme Court. “We further declare that such groups (LGBTQ) are entitled to the protection of equal laws, and are entitled to be treated in society as human beings without any stigma being attached to any of them. We further direct that Section 377, insofar as it criminalizes homosexual sex and transgender sex between consenting adults, is unconstitutional.”

Acting Chief Justice Manmohan and Justice Tushar Rao Gedela on Aug. 12 led a bench of justices who heard the case that Gulati brought.

The petitioner argued that “the absence of Section 377 of the Indian penal code poses a threat to every individual, but especially to LGBTQ persons.” The petitioner also highlighted that the Bharatiya Nyaya Sanhita does not include any protections for a man who is sexually assaulted by another man.

The Indian government contended the court could not compel parliament to enact a specific provision, even in the presence of a legal anomaly. The government’s counsel emphasized a motion had already been submitted, highlighting this issue to the national government, and it is currently under consideration. The High Court, led by Manmohan, in response directed the government to return on Aug. 28 to clarify its position on non-consensual sexual offenses in light of Section 377’s omission.

The remnants of Section 377 after the 2018 judgment were gender-neutral, offering protection regardless of gender. When the Bharatiya Nyaya Sanhita came into effect, however, the government completely omitted this provision from the new law. It failed to introduce an alternative to protect male rape victims and trans people. Section 63 of the Bharatiya Nyaya Sanhita instead defines rape in a highly gendered manner: As an act where a man’s penis penetrates a woman’s vagina, mouth, urethra, or anus, or compels her to do so with him or another person. This definition narrows the scope of the law, failing to provide adequate protection for LGBTQ individuals.

A report the Guardian published in 2018 found 71 percent of men respondents reported being abused, yet 84.9 percent of them never disclosed their experiences to anyone. The report highlighted the primary reasons for this silence were shame (55.6 percent), followed by confusion (50.9 percent), fear (43.5 percent), and guilt (28.7 percent). The findings shed light on the profound psychological barriers that prevent male survivors from seeking help or sharing their stories.

Gulati recently spoke to the Washington Blade about the case.

He said his concern is the Bharatiya Nyaya Sanhita in its current form primarily frames rape as an act committed by a man against a woman. This narrow definition, he argued, fails to encompass the full spectrum of sexual abuse endured by trans people and men, particularly those within the LGBTQ community.

Gulati emphasized that while there are existing laws that address various forms of sexual violence, they often fall short in specifically protecting these marginalized groups in the way that is urgently needed. He underscored this significant omission within the Bharatiya Nyaya Sanhita indicates a pressing need for reform. Gulati suggested the Bharatiya Nyaya Sanhita must be thoughtfully revised and expanded to ensure that every person, regardless of their gender or sexual orientation, is afforded the protection they deserve from sexual abuse.

“Whether Parliament’s decision was deliberate or not, the removal of Section 377 provision has raised concerns,” Gulati told the Blade. “Section 377 of the Indian penal code covered important issues, like bestiality and other non-consensual acts, that are not clearly addressed in the BNS (Bharatiya Nyaya Sanhita). By leaving out this provision, the law may no longer provide the same level of protection against these acts. It’s a decision that has significant consequences, especially for those who are vulnerable.”

He also said the roles of the courts and parliament are different in a democracy.

The courts’ job is to interpret the law and make sure it is applied fairly, while parliament is responsible for creating and changing laws. Gulati said courts can point out when a law is missing or needs improvement, but they cannot force parliament to make a specific law. Gulati said that the government’s position reflects this balance of power, acknowledging only elected representatives have the authority to make laws.

Sudhanshu Latad, the dedicated advocacy manager at Humsafar Trust, an organization at the forefront of promoting LGBTQ rights in India, also spoke with the Blade.

Latad reflected on the crucial role the judiciary has historically played in bridging gaps within existing legal frameworks, particularly when they fall short of safeguarding specific groups or subgroups. Latad said the Delhi High Court’s decision to hear the Section 377 case is emblematic of this judicial intervention.

“We hope that the Honorable Delhi High Court orders the parliament to create a provision to separately address protection of transgender persons and LGBTQ+ community or reinstitute Section 377 until such provisions are made separately in BNS (Bharatiya Nyaya Sanhita),” said Latad. “Section 63 of BNS (Bharatiya Nyaya Sanhita) primarily presents itself to be written with a heteronormative perspective.”

“While if read with the NALSA vs Union of India judgment 2014, trans women may be able to seek recourse under this, there is an element of ambiguity for assigned males at birth nonbinary persons,” he added. “It does though take into consideration any person raping a woman as it refers to objects being used for the purpose of rape, which may be the case in an instance of woman or nonbinary persons raping a woman.”

Latad told the Washington Blade the Bharatiya Nyaya Sanhita’s introduction is a pivotal point of transformation for the Indian legal system and strengthening it to a position to be able to govern and protect a country with the highest population in the world may be a strenuous affair. He said rape and other sensitive topics may need longer discussions.

“Hence, I feel this is a great opportunity — a clean slate — to introduce a robust gender-neutral law against rape,” said Latad. “I am hopeful that parliament will view this the same way and will take into consideration the recommendations made by the Standing Committee. If they do not retain Section 377 to protect consent, I hope they introduce something equivalent that protects every citizen of the country from rape.”

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. 

The political turmoil in Bangladesh that led to Prime Minister Sheikh Hasina’s resignation and subsequent decision to flee the country on Monday has left the LGBTQ community under unprecedented threat.

The Washington Blade this week heard harrowing accounts of targeted violence and intimidation that has forced many LGBTQ Bangladeshis to go into hiding. Factions seeking to exploit the power vacuum in the wake of Hasina’s resignation have made this situation worse.

Tushar Kanti Baidya, program director of Inclusive Bangladesh, a local NGO and transgender-led LGBTQ youth organization, said a more sinister development has overshadowed the ongoing protests against Hasina’s job quota policies.

He noted the recent rise of right-wing political parties, which have spearheaded anti-trans and anti-LGBTQ movements, poses an even greater threat to the community. Badiya fears the lives of local trans activists are now in grave danger as these groups move to align themselves with the newly formed interim government. This alliance, he says, not only encourages those who wish to silence them but also creates an environment where hate and violence could escalate unchecked.

“The quota that has been reserved for disability and transgender people are only for those who are physically disabled and intersex people,” said Baidya. “In Bangladesh, by the common people, transgender refers to intersex people. Some of the (leaders) of the protesters deny the existence of transformation from male to female or vice versa and (continue their) opposition to include transgenders into the quota but intersex people.”

Baidya said trans activists had initially raised the issue of their inclusion in the job quota system nearly two years ago, well before the current crisis emerged. The trans and LGBTQ communities, however, chose not to participate in the quota demand. Baidya said fear drove this decision, noting anti-LGBTQ and anti-trans rhetoric from some quota reform movement leaders grew more intense.  

While some trans people have supported the broader student movement that demanded Hasina’s resignation, they have been cautious about specifically advocating for the quota reserved for them because they were wary of the potential backlash. Baidya emphasized this reluctance reflects the severe risks and hostility the community faces in this fraught political climate.

Baidya told the Blade that despite Hasina’s government’s problematic human rights record and her autocratic regime, it is noteworthy that LGBTQ and other minority groups felt relatively safe when she was in office and were able to conduct their advocacy work with minimal government interference. The trans community, in particular, saw significant benefits that included increased social support, greater acceptance in mainstream jobs, and even successful bids for local government positions. 

Baidya pointed out Inclusive Bangladesh Executive Director Sanjiboni Sudha, and Saraban Tahura, the group’s project coordinator, are among those who anti-trans activists publicly targeted, publishing their photos and sharing their personal information. 

This targeted harassment, according to Baidya, underscores the dangerous shift in the current political environment, where the progress made under the previous government is now at risk.

“Currently, we are processing some of our staff’s asylum process and also trying to facilitate to relocate them into a safe place or out of the country and also sending advisories and security suggestions to the community members,” Baidya told the Blade

US State Department spokesperson condemns ‘all recent acts of violence’

Hasina fled Bangladesh after protesters stormed her official residence on Monday.

She has been in India, where she met with National Security Advisor Ajit Doval. 

The political unrest — and anti-government protests that have taken place across Bangladesh in recent weeks —has left upwards of 300 people dead and many others injured. At least 94 people were killed on Sunday, the deadliest day since the protests began.

Students in Bangladesh began demonstrating against the government, demanding reforms to the civil service quota system. Protests argue loyalists of Hasina’s ruling party, the Awami League, disproportionately benefited from the existing quotas.

“We condemn all recent acts of violence in Bangladesh,” said State Department spokesperson Matthew Miller on Wednesday during his daily press briefing in Washington. “We support the freedom of peaceful assembly.” 

“We condemn violence against those who are exercising their peaceful right to assembly. And we condemn violence on behalf of any protester who has turned their peaceful exercises simply into an excuse for violence,” he added. “We condemn violence in all cases.”

Tahura, a trans activist in Bangladesh, spoke exclusively with the Blade. 

She said the situation of the LGBTQ community since Hasina’s resignation is out of control.

Saraban told the Blade she is now safe after she sought refuge in a shelter away from her home. Saraban said the escalating violence and targeted harassment made it imperative for her to find a secure location to avoid the growing threats.

“This is very difficult for us,” said Saraban. “We are facing threats from anti-LGBTQ groups in Bangladesh. They are telling the LGBTQ community that your story ends now. They are telling us that there is no place for LGBTQ people in Bangladesh. They only want to only recognize (the) hijra community. We are not hijra, but transgenders, so our situation is really bad.”

Hijra or kinner on the Indian subcontinent are intersex or eunuch people. The hijra community has a distinctive social structure, traditions, and rituals.

Saraban told the Blade the Bangladesh Nationalist Party (BNP), and Jamaat-e-Islami (Jamaat) are related and often align with each other. 

She said she went into hiding under the previous government. Jamaat, which is anti-LGBTQ, has resurfaced in the wake of Hasina’s resignation and is now threatening Saraban and other LGBTQ activists. 

“It is a dangerous situation for the LGBTQ community, mostly, three activists are targeted in our country,” said Saraban. “Other than me, Ho Chi Minh Islam, and Sanjiboni Shudha, are the three most popular transgender activists in Bangladesh.” 

“We are in very grave risk,” added Saraban.

Saraban said she and other activists are looking to escape the country for their own safety. She told the Blade that although she does not want to leave Bangladesh, the situation is not safe for her or the community.

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.