India
Trans Indians turn to courts for rights
Nursing student last month won right to enroll as Trans person
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CHENNAI, India â Respect, loyalty and strength are synonymous with India’s Transgender community.
According to ancient Indian texts, Rama granted Trans people the power to confer a blessing on auspicious occasions. But 200 years of British colonialism changed the environment for them. Indian courts, however, have tried to remedy some of these abuses through landmark rulings.
In October, the Madras High Court, one of the highest courts in India, ruled Trans people are entitled to a special category for admission to post-basic nursing and post-basic diploma in psychiatry nursing courses.
The Madras High Court directed the secretary of the Tamil Nadu Health and Family Welfare department, the director of Medical Education, and the secretary to the Selection Committee to treat the petitioner S Tamilselvi as the third gender and place her in a special category for admission to the course for the academic year 2022-2023.
The present exam in the course has been issued only for male and female candidates.
The top court also said that if any other Trans person applied for the same course, a separate category of merit list shall be prepared by the secretary consisting of only trans candidates and based on merit among Trans candidates.
Tamilselvi, a candidate for the course, petitioned the Madras High Court to find the Post Basic-Nursing Course and Post Basic Diploma in Psychiatry Nursing Course for the year 2022-2023, as illegal for not categorizing trans candidates under a special category.
For the same course, communal reservation is available. But there were no separate reservations available for the third gender, which made Tamilselvi approach the court, according to her lawyer, Reshmi Christy.
While delivering the ruling, the Madras High Court also cited the Indian Supreme Court’s decision to treat the third gender as a special category.
âEven though special reservation has not been made horizontally for Transgender candidates,” said Justice Suresh Kumar while delivering the decision. “The non-inclusion of the petitioner in the special category meant for Transgender is against the judgments given by the Honâble Supreme Court as well as this court and also against the provisions of the 2019 Act.”
While talking with the Washington Blade, Kalki Subramaniam, a Trans rights and climate activist, applauded the ruling and said that reservation is very important for the rise of the economic and social status of the Trans population of India who because of the colonization by the British and their colonial laws have been completely marginalized and till today suffer stigma, exploitation and poverty. Reservation will help them raise their social and economic status sustainably.
Reacting to the Madras High Court ruling, Chetana Salunkhe of the LGBTQ+ group Navi Mumbai expressed her happiness.
“It is indeed a great news that the Madras High Court came out with the ruling that Transgender people in India deserve to be provided special reservation with separate merit list of their own,” said Salunkhe. “As per the Indian society Transgender people are not given much opportunities when it comes to studying, working or even generally. But even though this is a start I still believe that merit does not really need to linked with gender, cast creed and that it should be given on knowledge and potential to everyone equally.”
Salunkhe also said that the ruling would lead to greater opportunities for Trans people in India as they have been denied even basic rights.
“Due to this one step they will at least get access to education and work which can help them have a stable lifestyle for them and their family and overall even the societies viewpoint will change towards the community when we are seen successful,” said Salunkhe. “I also believe, all we need to grow in life, is to be seen equally in the eyes of the society and be treated right.”
Kanav Narayan Sahgal, a communication manager at Nyaaya, the Vidhi Center for Legal Policy, also applauded the High Court’s ruling.
“I think it’s a progressive step forward. From what I understand, the court held this decision unwaveringly,” said Sahgal. “While this case related to the admission of Transgender people for Post Basic (Nursing) Courses and Post Basic Diploma Courses in Psychiatry Nursing for the academic year 2022-2023, courts and legislators will ultimately have to think about how to expand the ambit to this judgment (and its reasoning) to possible challenges to discriminatory admission processes for other courses, especially those that are quite unfamiliar to LGBTQ+ issues such as finance, business, and real estate. The real question in my mind is how can we include Transgender people in all walks of life, beyond just healthcare.”
Sahgal also added that it is the most progressive step forward, and it would be pertinent to listen to trans activists themselves who has spoken widely on the issue of reservations.
“Grace Banu, whose activism I deeply admire, has been a fierce advocate of horizontal reservations for Transgender people,” said Sahgal. “This will give SC, ST and OBC Transgender people greater opportunities and will ensure that policy makers truly take an intersectional approach while trying to include Transgender people in matters of law and governance. In 2021, Karnataka become the first state to provide one percent reservation for transgender persons in employment for civil services posts across caste categories. This was a result of an intervention filed by Jeeva, an organization working on the rights of sexual minorities in Karnataka in Sangama v. State of Karnataka. I hope that other states in India follow suit.”
Ankush Kumar is a freelance 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.Â
India
Kamala Harris represents hope for LGBTQ Indians
Democratic presidential candidate’s mother was born in India
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India’s LGBTQ community is watching Vice President Kamala Harris’s presidential campaign with hopeful anticipation.
“Can she be the catalyst for change we’ve been waiting for?” is the question echoing through the colorful streets of India’s metropolises. With her history of advocating for LGBTQ rights, Harrisâs candidacy feels like a rainbow beacon in the political storm. As her campaign gains momentum, the Indian LGBTQ community finds itself not just spectators but fervent cheerleaders, hoping her leadership might inspire similar strides in their land.
Her mother, Shyamala Gopalan, who was born into a Brahmin family in 1938, and her grandfather, PV Gopalan, who hailed from the quaint village of Thulasendrapuram in Tamil Nadu state, link Harris to India’s rich cultural tapestry. This connection not only invigorates her campaign as she seeks the White House, but also resonates deeply with LGBTQ Indians who see in her a beacon of progressive change.
Harris’s grandfather later moved to New Delhi to become a civil servant in British-ruled India, paving the way for Gopalan’s journey to the U.S. Her mother’s pursuit of biomedical science at the University of California, Berkeley planted the seeds for her future political aspirations.
The Independent reports Harris’s uncle, Balachandran, from Delhi and her aunt, Sarala, from Chennai still visit their local temple about once a year, keeping the family tethered to their village and cultural roots.
The State Department notes the relationship between India and the U.S. is one of the most strategic and consequential of the 21st century.
‘The U.S. supports India’s emergence as a leading global power and a vital partner in promoting a peaceful, stable, and prosperous Indo-Pacific region,” it reads.
Harris during Indian Prime Minister Narendra Modi’s visit to the U.S. in June 2023 underscored the deep-rooted ties between the two countries, highlighting shared democratic values and the significant contributions of Indian Americans.
India in 2018 decriminalized consensual same-sex sexual relations.
The Indian Supreme Court last October ruled against marriage equality. The justices have agreed to consider an appeal of their ruling.
Harris during a 2023 interview emphasized she has been dedicated to human rights, equality, and LGBTQ issues throughout her career.
Harris was California’s attorney general when she declined to defend Proposition 8, a same-sex marriage ban that voters in her state approved in 2008.
The U.S. Supreme Court on March 26, 2013, heard oral arguments in a case that challenged Prop 8. The justices in a 5-4 ruling said anti-gay groups did not have standing to defend the ban and allowed a federal court ruling that declared it unconstitutional to remain in place.
Same-sex couples have been able to marry in California since June 28, 2013.
âIt was clear that this is a case that is about fundamental notions of justice and equality and liberty,â Harris told the Blade after the Supreme Court’s oral arguments.
President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy.
Harris during a 2023 press conference with Ghanaian President Nana Afuko-Addo that took place in Accra, his country’s capital, noted “a great deal of work in my career has been to address human rights issues, equality issues across the board, including as it relates to the LGBT community.â
âI feel very strongly about the importance of supporting the freedom and supporting and fighting for equality among all people and that all people be treated equally,” said Harris. “This is an issue that we consider, and I consider to be a human rights issue and that will not change.â
Ghana is among the countries in which consensual same-sex sexual relations remain criminalized.
Harris’s visit to the country coincided with debate over a bill that would, among other things, criminalize LGBTQ allyship. Afuko-Addo has yet to sign the measure â the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill â that MPs passed in February.
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Manvendra Singh Gohil, who describes himself as the world’s first openly gay prince, is from Gujarat state and is an activist who runs Lakshya Trust. He told the Washington Blade that Harris is seen not just as a powerful person, but also a serious candidate. Gohil highlighted she embodies not only the hope of representation but also the merit, resonating deeply with the global LGBTQ community.
“Merit and diversity are not mutually exclusive,” he said. “There is merit in diversity, but we must make an effort to look for diversity in merit, too. I wish Kamala all the best and hope that she can carry the energy and dreams of the millions. If she is elected, I hope she serves to be the president for the entire country, the Democrats, Republicans and Independents alike.”
Deepak Kashyap, India’s first openly gay psychologist, told the Blade that Indians view Harris with hope.
“The LGBTQ community, for better or for worse, across the world, follow American examples to quite an extent,” said Kashyap. “Holding the presidency means holding the hopes and dreams of communities who find themselves at the mercy of every election cycle. I wish you well and hope to meet you in the Oval Office someday.”
Harris has often reminisced in interviews about her childhood visits to Thulasendrapuram, fondly recalling walks on the Chennai beach with her grandfather when she was just five. Though those memories of sun-soaked sands linger, she hasn’t set foot in India since becoming vice president.
Her nostalgic tales add a touch of personal warmth to her political journey, endearing her to the Indian LGBTQ community and beyond.
Negha Shahin, the first transgender woman to win an award at the 52nd Kerala State Film Awards and a native of Tamil Nadu, told the Blade that while Harris’s connection to state is heartwarming, it doesn’t directly influence her stance on LGBTQ issues. Shahin pointed out it would be a stretch to attribute Harris’s progressive views on LGBTQ rights to her mother’s background.
“What truly matters in understanding the struggles faced by the trans and queer community is the need for proper education and an open mind,” said Shahin. “Kamala Harris has spoken out about trans rights because she recognizes the importance of these issues and the need to address the discrimination and challenges faced by the LGBTQIA+ community.”
“Her advocacy stems from a broader commitment to equality and justice, rather than any specific cultural influence,” she added.
Shahin said it would be a monumental moment if Harris wins.
“If she wins also I wish it will impact the Indian LGBTQIA community,” said Shahin. “If she holds a position of power her administration might engage in diplomatic efforts to encourage other nations to advance human rights, including LGBTQIA+ rights. This could lead to international pressure on countries like India to improve their legal and social stance on LGBTQIA+ issues.”
Harish Iyer, an Indian activist who participated in the State Department’s International Visitor Leadership Program in 2016, told the Blade the LGBTQ community needs world leaders who are allies and community members.
“Kamala Harris’s ascend to the top of the Democratic ticket is thus a ray of hope,” said Iyer. “She has been unwavering in her allyship. In a world of deniers of queerdom, she is in sync with the ground realities of queer existence.”
Michael K. Lavers contributed to this article.
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on X at @mohitkopinion.
India
Indian Home Ministry directs prisons to protect transgender inmates
July 15 memo notes visitation rights, protective measures
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The Indian Home Ministry in a surprising development on July 15 sent a note to state and territorial officials and prison administrators that acknowledges queer prisoners regularly face discrimination and violence because of their sexual orientation and gender identity.
The government has asked all states and territories ensure queer people receive equal rights in their prison. The government has also instructed state and territorial officials to prevent discrimination in relation to accessing goods and services inside their prisons, especially visitation rights.
The directive mandates prison officials allow inmates to meet with family members, relatives, friends, and legal representatives at least once every two weeks.
Referencing the Model Prison Manual, 2016, the government emphasized prisoners should be granted reasonable facilities to see or speak with their family members, relatives, friends, and legal representatives. This access is crucial for preparing an appeal, securing bail, or arranging the management of property, and family affairs. The directive is also seen as a significant effort to ensure LGBTQ inmatesâ rights and dignity are upheld.
The ruling government, led by Prime Minister Narendra Modi, has, for the first time, explicitly referenced the âqueer communityâ in a directive that seeks to end discrimination against them. This directive marks a significant shift in government policy.
It states conversations during these interviews should be limited to private and domestic matters, explicitly prohibiting any references to prison administration, other prisoners, or politics.
According to the Model Prison Manual, 2016, Rule 8.03 states the number of people who may interview a prisoner at one time shall ordinarily be limited to three. The manual also directs interviews with female prisoners should, if possible, take place in female-specific cells or rooms.
“It is reiterated that these provisions equally apply to members of the queer community, allowing them to meet a person of their choice without any discrimination or judgment,” it reads.
The Home Ministry has also urged authorities to make prison officials at all levels more sensitive to queer inmates.
It emphasized the importance of treating all people equally in a fair and just manner, with a particular focus on ensuring that no one, especially those belonging to the queer community, faces any form of discrimination.
“Prisoners may communicate with their visitors, namely family members, relatives and friends through physical or virtual mode, under proper supervision of prison authorities,” reads the directive. “Visitors to inmates shall be verified/authenticated through biometric verification/identification.”
The directive also notes foreign prisoners may communicate with their family members and consular representatives, as rules dictate.
According to the report “Lost Identity: Transgender Persons in Indian Prisons,” the Commonwealth Human Rights Initiative published, a total of 214 transgender people were incarcerated in different prisons across the country between May 2018 and April 2019.
The report noted a glaring lack of awareness programs among prisoners regarding the legal recognition of trans people as a legal identity, with the sole exception of Karnataka state since 2014. The report also highlighted a significant oversight: No trans people had been hired by prison departments in any state or territory.
The report further pointed out none of the prisons included any courses in their Prison Training Institute’s curriculum that focused on awareness and sensitization of LGBTQ communities and their rights.
The Supreme Court in 2018 took a monumental step towards prison reform.
A 3-member committee that now retired Justice Amitava Roy examined the myriad issues facing the Indian prison system and made a series of recommendations. Persistent prison overcrowding and overall conditions are two of the myriad issues the committee reviewed.
The committee in 2022 issued its report, which included a chapter titled âTransgender Prisoners.â
This chapter emphasized efforts to separate trans people from other prisoners for safety and security reasons must not lead to their seclusion or isolation. It also underscored the need to ensure measures undertaken to protect trans prisoners do not inadvertently result in their marginalization, highlighting the importance of maintaining their integration and dignity within the prison community.
Sadam Hanjabam, founder of Ya.all, northeast Indiaâs first registered LGBTQ youth-led organization that the U.N. recognizes, told the Washington Blade the ministryâs announcement is a good step. He said officials are not only looking at transgender community but LGBTQ as a whole spectrum.
“It is hopeful that at least people will have access to services without discrimination whether legally or in prison services,” said Hanjabam. “We hope that it could be this is towards more inclusive step.”
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on X at @mohitkopinion.
India
Indian Supreme Court continues to review marriage equality ruling
Fight for full LGBTQ rights in country continues
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On July 10, as Indiaâs Supreme Court was engrossed in a pivotal review petition concerning marriage equality, an unexpected twist unfolded.
Justice Sanjiv Khanna, the courtâs most senior judge, made the surprising decision to recuse himself from considering the pleas. This unforeseen development added a dramatic layer to a historic and closely watched judicial review.
The pleas seek a review of the Supreme Court’s ruling from last year that declined to legally recognize same-sex marriage. Reports indicate Khanna cited personal reasons for his recusal, adding a layer of intrigue to the already high-stakes proceeding.
In the wake of Khanna’s unexpected recusal, the Supreme Court is set to undergo a significant shift.
According to the courtâs procedural rules, Chief Justice Dhananjaya Yeshwant Chandrachud will reconstitute a new 5-judge constitution bench. This pivotal move marks a crucial step in the ongoing legal saga, ensuring the review of the marriage equality case continues with a fresh panel at the helm.
The Supreme Court, led by Chandrachud, on July 9 made a crucial decision regarding the review petition. It declined to grant an open court hearing, stating the constitutional bench review would be conducted in chambers rather than in open court.
The Supreme Court’s clarification came after petitioners, challenging last Octoberâs marriage equality ruling, fervently urged the top court for an open court hearing. Their plea sought transparency and public scrutiny, hoping to bring the issue back into the spotlight.
The court in its October 2023 ruling said the power to extend marriage rights to same-sex couples lies with parliament, not the judiciary, underscoring the need for legislative action to address this crucial issue.
Although the top court refused to grant marriage rights to the queer community in India, it did recognize their right to live free from discrimination. The court affirmed queer people should have the same access to goods and services as their heterosexual counterparts, ensuring protection against bias and unequal treatment in everyday life. This decision, while falling short of full marriage rights, marked a crucial step forward in the fight for equality and dignity for the LGBTQ community in India.
The Supreme Court last year in a landmark ruling said transgender people in heterosexual relationships have the right to marry under the existing legal provisions.
Neeraj Kishan Kaul brought the review petition before the Supreme Court, requesting an open hearing on the case seeking legal recognition of same-sex marriages.
The petition specifically addressed the inclusion of same-sex marriages under the Special Marriage Act (SMA) of 1954, the Foreign Marriage Act of 1969, and the Citizenship Act of 1955, as well as under common law and other existing statutes. This plea highlighted the broad legal framework that could accommodate same-sex marriages, urging the court to reconsider its stance in a transparent and public forum.
The Supreme Court last October also declined to grant adoption rights to the LGBTQ community. The court upheld Regulation 5(3) of the Indian CARA Regulations, asserting that this provision could not be declared void.
According to CARA Regulations, specifically Regulation 5(3), “No child shall be given in adoption to a couple unless they have at least two years of a stable marital relationship, except in cases of relative or step-parent adoption.” This regulation underscores the stringent criteria set for adoption, emphasizing the importance of a stable and legally recognized marriage, thereby excluding LGBTQ couples from adopting children under the current legal framework.
The regulation outlines the eligibility criteria for prospective adoptive parents. According to Regulation 2(b) and (c), a single female can adopt a child of any gender, whereas a single male is not eligible to adopt a girl child.
Although the 2023 judgment did not favor the LGBTQ community regarding marriage equality, the Supreme Court made a significant acknowledgment. It recognized being a member of the LGBTQ community is a natural phenomenon and not an “urban or elite” phenomenon, as previously suggested by the government.
Marriage equality in Thailand gives Indian activists hope; challenges remain
Negha Shahin, who in 2022 became the first trans actress to win a Kerala State Film Awards, told the Washington Blade that LGBTQ Indians continue to face systemic discrimination and legal challenges, particularly in the fight for marriage equality.
“We live in 2024 when humanity has made remarkable advancements in science and technology. We understand the complex theories behind black holes and have successfully sent rockets into space. Yet, it is deeply disappointing that we still fail to recognize and uphold the basic rights of the queer community,” said Shahin. “For years, activists and allies have been advocating for the recognition of same-sex marriages, striving for a society where love and commitment are acknowledged and respected regardless of gender or sexual orientation.”
She said the Supreme Court’s denial of marriage rights for same-sex couples is a major setback. Shahin added it underscores the gap between technological advancements and social progress.
“Denying this right to same-sex couples not only perpetuates inequality but also inflicts emotional and social harm on a significant segment of our population,” said Shahin. “We must increase the chances of achieving marriage equality by pushing for legislative changes.”
“Our lawmakers have a responsibility to create laws that reflect the values of equality and justice for all citizens,” she added. “Without ensuring the basic rights of gender and sexual minorities, we cannot truly claim that India is progressing. It is time for India to bridge this gap and ensure that the rights of the LGBTQIA community are fully recognized and protected. Only then can we truly say that we are growing as nation.”
Shahin discussed the recent passage of a marriage equality law in Thailand, which shares a maritime border with India. (Same-sex couples can also legally marry in Nepal, which borders India.)
She noted Thailand is a monarchy, whereas India is a democracy. Shahin told the Blade that one may have expected India to extend marriage rights to same-sex couples first, given the country’s democratic values and its emphasis on equality.
“Seeing a neighboring country like Thailand legalize same-sex marriage may create pressure on Indian lawmakers to address the issue more seriously,” she said. “It highlights the disparity in rights between countries and could push Indian politicians to consider similar legalization to avoid falling behind in terms of human rights.”
Souvik Saha, founder of People for Change, one of Indiaâs premier LGBTQ rights groups, told the Blade that as an activist who works for LGBTQ rights in Jharkhand state, he sees recent developments regarding the Supreme Court’s review petition on same-sex marriage as a significant step forward.
“The recusal of a judge and the constitution of a new bench indicate a reevaluation of existing legal perspectives, potentially paving the way for progress towards marriage equality in India,” said Saha. “The global trend towards marriage equality, such as Thailand’s recent move, can certainly influence India’s judicial decisions and societal perceptions.”
“Thailand’s legalization of same-sex marriage in 2024 reflects a growing global acceptance and recognition of LGBT rights. This shift is noteworthy because it demonstrates that cultural attitudes and legal frameworks are evolving to embrace equality and human rights,” he added.
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The Supreme Court in 2018 decriminalized consensual same-sex sexual relations in India.
Saha said there has been increasing momentum towards broader inclusion and equality since that landmark ruling. The U.N. Development Program’s 2020 report on LGBTQ rights in India he notes indicates this progress has been uneven.
The UNDP notes legal recognition and protection against discrimination are crucial steps towards achieving full equality. The involvement of civil society organizations and advocacy groups, such as those in Jharkhand, plays a crucial role in pushing for inclusive policies and legal reforms.
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 [email protected]. He is on Twitter at @mohitkopinion.
India
Schools in Indiaâs Kerala state adopt gender-neutral curricula
Initiative encourages administrators to change uniform policies
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When schools in India’s Kerala state reopened on June 3 after a long summer break, students walked into classrooms with the usual excitement. This year, however, they were greeted with a surprising and groundbreaking change. The textbooks they received were unlike any they had seen before â filled with gender-neutral images and instructions.
The initiative, driven by the state’s commitment to fostering equality from a young age, aimed to break down traditional gender roles and promote inclusivity. Students found pictures of boys and girls engaging in various activities without gender-specific expectations.
One of the images showed the father grating coconut in the kitchen while his wife cooked food. Another picture showed the father cooking food for his daughter.
In an unprecedented move, some schools in Kerala have committed to gender neutrality beyond textbooks, introducing gender-neutral uniforms. This change marks a significant departure from the traditional Indian school uniform, where boys typically wear shirts and pants, and girls don skirts, often in different colors. Many schools in Kerala have introduced the same school uniform for all students including shirts and knee-length pants.
More than 12 schools in Kerala have shifted to gender-neutral dresses so far. While there are a total of 4,504 government-run schools in Kerala, the Kerala Child Rights Commission last year decided to remove the use of words like “sir” and “madam” for teachers and instead encouraged to use of universal terms like “teacher” on school premises, but the Department of General Education, a state government body that overseas education in schools, refrained from any changes.
The National Council of Education Research and Training, a government-autonomous body of India’s Education Ministry, in 2023 introduced a manual that directs schools to implement transgender-inclusive curricula, safe washrooms, and gender-neutral dress for students to prevent gender-based discrimination and violence.
The Mumbai-based Aditya Birla World Academy, a private international school, in 2022 adopted gender-neutral uniforms and language in its 138 branches across the country. The school replaced “ladies” and “gentlemen” and other gender-specific words with “dear guests” or “hello everyone.” The school sent an email to parents that told them how to reduce gender differentiation in uniforms so students of various genders and those who are gender non-conforming or questioning their gender can feel safe discovering and expressing themselves at the school.
The Aditya Birla World Academy has also established the Rainbow Club, an LGBTQ support group led by students and guided by teachers, to create an environment of activism in the classroom, shifted to allow students to choose the length of their hair as long as it is neatly tied up, along with other activities that include workshops with teachers and parents under the initiative of “move away from the cis heteronormative environment in the education world.”
While talking to the Washington Blade, Harish Iyer, an equal rights activist, said children should be allowed to dress the way they want. He also said the idea of uniforms in schools is that a student should feel included, regardless of what strata of society to which they belong.
“Adding gender-neutrality to uniforms would only extend the whole purpose of the uniforms,” said Iyer. “It should be appreciated by all as there is no question of any debate here. What should be debated is that some people are forced to wear what is not part of their gender identity.”
Iyer told the Blade there should not be any gender assigned to clothes. He said uniforms should be based on comfort and not based on gender.
Indrani Chakraborty, a mother of a trans child and an LGBTQ activist based in northeast India, told the Blade the Kerala government’s decision to implement gender-neutral uniforms is welcome. She said her organization, Annajoree, is also trying to sensitize people on the same issue in Assam state.
“We are promoting safe-spaces in schools in Assam so that kids can complete their basic education without any mental harassment at school,” said Chakraborty. “Kerala is doing great work, it’s a great initiative and everyone should come forward to support it. It should be everywhere in our country.”
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She also told the Blade that schools not sensitized to LGBTQ issues creates a fear of bullying. Students, according to Chakraborty, in particular face bullying and they are not allowed to join classes in their preferred uniforms and do not have access to gender-neutral bathrooms.
She has started an initiative called the “No More Holding Pee Initiative” in schools.
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
Fewer Indian MPs are âvocalâ on LGBTQ issues
Parties backed relationship recognition, trans rights ahead of general election
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The Indian LGBTQ community is gradually gaining momentum in their fight for rights; bolstered by increasing support from courts, the public, NGOs, and even some politicians.
According to Pinklist India’s 2024 report, which archives politicians supporting LGBTQ rights, only 108 MPs have been vocal on LGBTQ issues, a notable decline from the 161 MPs in the previous parliament. In this context, “vocal” means that politicians have made public statements on LGBTQ issues, whether positive, negative, or controversial.
As India prepared for the 2024 general election, various political parties included LGBTQ concerns in their platforms.
The Indian National Congress, for example, has promised to introduce a bill that would recognize civil unions for LGBTQ couples after wide consultation. Similarly, the Communist Party of India has pledged several commitments, including amending the Transgender Persons (Protection of Rights) Act 2019 to address community concerns and ensure legal recognition and protection for same-sex couples similar to marriage.
The Prime Minister Narendra Modi-led Bharatiya Janata Party and its coalition partners, meanwhile, had promised in their campaign platform to include the transgender community in the Ayushman Bharat Yojana, a national health insurance program for low-income citizens. The BJP also pledged to incorporate the trans community into the Garima Greh program, which provides shelter, food, medical care, and recreational facilities for destitute and abandoned trans people.
No official records exist on the LGBTQ population in India, but the 2012 Census estimated it at 2.5 million. Population data on LGBTQ people is scarce, with the government only tracking those who identify as “third gender” or “transgender” and are registered.
Only a few LGBTQ candidates ran in this year’s general election, with the majority of them withdrawing. Of the three candidates who ran, none secured a sixth of the total valid votes, resulting in all of them losing their deposits.
Election Commission of India (ECI) data indicates there are 48,000 registered trans voters. Only 20 percent of them participated in the general election.
Pinklist India data in 2020 revealed that only 27.8 percent of 543 MPs had addressed LGBTQ issues in their political careers. The highest number of these MPs belonged to the Nationalist Congress Party, the Indian National Congress, and the Communist Party of India. Pinklist India also created interactive tiles on India’s map, titled “State of QUnion,” recording statements on LGBTQ issues made by each MP.
Data from 2020 offers deeper insights into how politicians’ stances on LGBTQ issues evolve after joining a particular party.
Jothimani Sennimalai, an Indian National Congress MP from Karur, Tamil Nadu, for example, has consistently supported queer issues both before and after entering politics. Conversely, Bengaluru South BJP MP Tejasvi Surya, who previously supported marriage equality, has remained silent on the issue since his election. The Washington Blade reached out to Surya multiple times for an interview, but received no response.
Interestingly, previous data revealed a curious trend among many MPs.
Although they were vocal about trans issues outside parliament, they never engaged in debates on trans laws within it. Their silence in parliamentary chambers contrasted sharply with their public statements, painting a complex picture of political advocacy.
The Blade uncovered a striking disparity: Despite political parties pledging inclusion of the LGBTQ community in their election platforms, no major politicians addressed LGBTQ concerns during their campaign rallies. It was as if these promises, vibrant on paper, vanished into thin air when it came time to speak on the campaign trail.
The Blade reached out to Meera Parida, a trans politician from Odisha’s Biju Janata Dal, for her thoughts on the issue.Â
“It is very sad that it has happened,” she said with a mix of disappointment and resolve.
Parida lamented that during the passage of the Transgender Persons (Protection of Rights) Act in 2019, only regional parties stood in support of the bill, highlighting a gap in broader political commitment.
“Unfortunately, we have to meet and sensitize new parliamentarians about the issue,” said Parida. “It is very sad that those leaders and members of Parliament are doing this who are supposed to raise voices for everyone including LGBTQ people of the country. We say that India is the world’s biggest democracy, we talk about equality, we talk about Sabka Sath Sabka Vikash (inclusion and development for all, a slogan Modi used during the election campaign), so does LGBTQ people not come under ‘all’? If parliamentarians behave like this, what will be the impact on the society?”
She raised a question stating that LGBTQ people are born naturally just like males or females, so why there is so much stigma regarding the community? Parida told the Blade that despite so many Supreme Court rulings and parties including LGBTQ issues in their election platforms, not a single party gave the opportunity to LGBTQ people to fight the election from the party platform.
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
Transgender Indian parliamentary candidate vows to continue fight for equality
Rajan Singh, 26, is from New Delhi
![](https://www.losangelesblade.com/content/files/2024/06/Rajan_Singh_insert_courtesy_Rajan_Singh.jpg)
The storm that was India’s general elections has finally settled, leaving behind a landscape transformed by democratic choice.
The Bharatiya Janata Party, under the leadership of Prime Minister Narendra Modi, clinched a decisive victory with a majority in parliament with 293 seats. The daily hum of life is returning to normal as the country resumes its rhythm amid the sweltering heat of summer.
Beneath the surface of political triumph and routine, however, there lies an overlooked narrative: The story of the transgender community. In the vibrant tapestry of this election, trans people remained a subtle but significant thread. A few trans people for the first time boldly stepped into the political arena, running for office and asserting their right to representation.
Rajan Singh, 26, was the youngest trans candidate.
She hails from New Delhi, the bustling heart of the nation. Singh secured 300 votes and lost the election, but as the first and youngest independent candidate to run in the recent general elections, her story is one of ambition and audacity. In a political landscape dominated by well-established parties and seasoned politicians, Singh’s decision to enter the fray as an independent was both bold and inspiring.
With her soft and humble voice, Singh told the Washington Blade that even after 75 years of independence, India still lacks even 75 public restrooms dedicated to the trans community. She highlighted a stark reality: There is no platform available for trans people who want to raise their voice on important issues.
Singh expressed her frustration and disappointment, pointing out the irony in India’s highly regarded constitution.
“Our constitution begins with ‘We, the people of India,'” she said, “Yet in these 75 years, that ‘we’ has never truly included us.” Her words shed light on the ongoing struggle for recognition and equality faced by the trans community in a country that prides itself on its democratic values and inclusive ethos.
“That was the main reason I decided to fight in the 2024 general election,” said Singh. “I am the first, youngest candidate from India’s capital, New Delhi. When I was born in 1997, my identity was male. In 2022, the government certificate indicated I was transgender, and in 2024, the Election Commission of India (ECI) issued a certificate stating me as third gender. When I apply for a government job, I become ‘others.’ so one person has four identities. Most strikingly all these identities are not mine. I identify as a trans woman and no one recognizes my feelings and identity.”
Singh told the Blade that when she filed her nomination for the election, her primary goal was to bring the real identity of the trans community to the center stage of the country. She explained her candidacy was a means to breathe life into the identity of her community, asserting that if people had acknowledged the trans communityâs presence over the past 75 years, they would have been granted the same rights as other citizens.
With a voice tinged with pain, Singh told the Blade that if the trans community had been truly recognized as alive, there would have been moments when people saw the community speaking out.
“There would have been a time when we had a leader to represent us, a chief minister, and even a prime minister,” she said. “But there is no one for the transgender community.”
During her interview with the Blade, Singh shared a slogan she coined for her election campaign: “Sauchalay se Sansad Tak” or “From the toilet to parliament.” This slogan encapsulated her mission to elevate the trans community from the margins of society to the heart of the nation’s decision-making process.
Singh told the Blade only a few trans people voted in the last election. However, this time, however, 228 trans individuals cast their votes in Delhi, a significant increase fueled by the communityâs belief that someone was finally standing up for them.
“I was manhandled and threatened on the streets just for announcing my candidacy in the 2024 General Elections,” said Singh. “I was told ‘Chakka’ (a slang word for trans people), I was told how could we fight in election. When I went to the cops to file a First Information Report, they did not file my report. On April 29, Delhi High Court provided me heavy police protection and with that I went to file my nomination for election. If High Court would not have given me the police protection, I would not have been able to file my nomination.”
She told the Blade that society has been conditioned to view the trans community as only beggars and prostitutes, a misconception that is far from the truth. Singh emphasized these stereotypes have long overshadowed the diverse and significant contributions of trans people. Her campaign sought to challenge these harmful narratives and showcase the true potential and worth of the trans community.
While talking to the Blade, Singh said India’s trans community has not seen much progress in the last 75 years. She acknowledged Modi has taken some steps for the community, notably with the passage of the Transgender Persons (Protection of Rights) Act in 2019, which has increased awareness among ordinary citizens.
Singh, however, emphasized these efforts are not enough and much more work needs to be done. With great hope and determination, she called on the prime minister to establish a National Transgender Commission. This, she argued, would provide the necessary platform and resources to address the ongoing challenges faced by the trans community, ensuring their rights and dignity are fully protected and promoted.
“The world has seen for the first time in the last 75 years, that during the prime minister’s swearing-in ceremony this year three transgender people were invited,” said Rajan. “I was one of them.”
With immense pride and positivity, Singh stated this is not a loss for her or the community. She views it as a significant victory. For the first time, the trans community voted for one of their own. It marked the historic moment when a trans individual’s name appeared on the Electronic Voting Machine, an integral part of India’s voting system. This election symbolized a newfound self-respect and empowerment, as members of the trans community proudly pressed the button on the EVM, voting for representation and a brighter future.
“We will prepare and fight for the establishment of National Transgender Commission in the country,” said Singh. “We will pressure those political parties who will support the creation of the National Transgender Commission and basic services for the community, we will support them. I will again fight the election.”
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
Narendra Modi to form coalition government after winning Indian election
LGBTQ+ issues largely absent from campaign
![](https://www.losangelesblade.com/content/files/2024/06/Narendra_Modi_insert_by_shganti777_via_Bigstock.jpg)
NEW DELHI â In a vibrant democracy like India, the anticipation surrounding election results is always palpable.
On Tuesday, the stakes were incredibly high, especially for the LGBTQ+ community. The air was thick with suspense, and social media platforms buzzed with the anxiety and hopes of millions. As the night wore on, discussions flourished, emotions ran high, and the country collectively held its breath. The results, which trickled in at their own unhurried pace, promised to shape the future landscape of India’s social and political climate.
The Election Commission on Tuesday announced the much-awaited results.
The Bharatiya Janata Party, led by its charismatic leaders, not only retained power but also strengthened its position with a clear majority. With 293 seats, the coalition comfortably surpassed the majority mark, ensuring a third consecutive term for Prime Minister Narendra Modi.
Despite supporters’ hopes and high expectations for a resounding victory, the election results did not fully meet their aspirations. This sense of disappointment was palpable, especially considering the extensive campaigns and efforts made ahead the elections.
All the regional and national parties came together, forming the formidable Indian National Developmental Inclusive Alliance to challenge the Modi-led National Democratic Alliance. This INDIA alliance, a vibrant coalition of 34 parties, stood united, mostly in opposition to Modi’s policies and leadership.
The BJP has recently articulated its position on LGBTQ+ rights in India.
The government’s opposition to marriage equality in the Supreme Court highlighted their stance against nuptials for same-sex couples. By acknowledging the commitment made by the Supreme Court on issues faced by the LGBTQ+ community, however, the government did establish a dedicated committee to address them.
This committee, formed in April and chaired by Cabinet Secretary Rajiv Gauba, aims to address critical concerns that include healthcare access, pension entitlements, and property rights for LGBTQ+ people.
The inclusion of secretaries from various key ministries signifies a comprehensive approach to addressing these multifaceted challenges. The committee’s creation also underscores the government’s recognition of the LGBTQ+ community’s unique needs and its commitment to ensuring their rights and well-being are systematically addressed.
Despite their alliance, the opposition parties approached the election with individual manifestos rather than a unified platform. This disjointed strategy meant that only two of the 34 parties made explicit commitments to the LGBTQ+ community.
The Indian National Congress, one of the major opposition parties, promised to introduce a bill that would recognize LGBTQ+ couples’ civil unions. The Communist Party of India (Marxist) also pledged to enact pro-LGBTQ+ laws and underscored the need for legislative measures to protect and promote the rights of LGBTQ+ people.
The LGBTQ+ community throughout the election campaign found itself largely overlooked in the opposition parties’ public discourse. LGBTQ+ rights were conspicuously absent from Indian National Congress leaders’ campaign speeches, despite the promises they made in their platforms.
Rahul Gandhi, the prominent Indian National Congress figurehead, failed to address LGBTQ+ rights in his speeches, even in Uttar Pradesh and other states with significant LGBTQ+ populations.
Twenty-eight percent of India’s transgender population lives in Uttar Pradesh. The state, along with others with substantial LGBTQ+ communities, saw no mention of issues that are critically important to them during Gandhi’s rallies and public speeches.
This disconnect between the promises made in manifestos and the topics discussed on the campaign trail underscores a broader issue within political campaigning, where marginalized communities often struggle to find a voice. Despite the written commitments to LGBTQ+ rights, the lack of vocal support during the campaign highlights the ongoing challenges in bringing these important issues to the forefront of political debate.
Several independent LGBTQ+ candidates, in a remarkable display of political participation, entered the fray during election campaign. They include Sunaina Kinner, a trans woman who ran for office in Jharkand state’s Dhanbad constituency.
Kinner faced considerable challenges and lost the election.
She received 3,462 votes, a modest number in the face of entrenched political dynamics. The NOTA (None of the Above) option received 7,354 votes in Kinner’s constituency, indicating a substantial number of voters were dissatisfied with all available candidates.
The BJP’s election manifesto reflected a limited focus on the broader LGBTQ+ community, opting instead to highlight specific initiatives for trans people. The party has promised to improve healthcare access for them.
By promising to include trans people in health programs and offer free health insurance coverage through the prime minister’s Ayushman Bharat Scheme, the BJP aims to provide essential medical support and financial protection. This initiative could potentially improve healthcare outcomes for many trans people, ensuring they receive the necessary medical attention without the burden of financial constraints.
The brevity of the party’s mention of trans issues and the absence of broader LGBTQ+ legislation, however, indicates the party’s stance on LGBTQ+ issues.
After a key meeting of the NDA on Wednesday that the BJP led, Modi was elected party leader and will submit to President Droupadi Murmu on Friday a formal request to form the government for the third consecutive time. The INDIA alliance will sit in opposition.
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.Â
India
Indian government committee to study rights for same-sex couples
Countryâs Supreme Court last October ruled against marriage equality
![](https://www.losangelesblade.com/content/files/2022/08/India_flag_insert_by_Rahul_Sapra_via_Bigstock.jpg)
NEW DELHI â The Indian Supreme Court seven months ago declined to grant legal status to same-sex marriages.Â
At the time of the verdict, however, the Supreme Court instructed the federal government to establish a committee to address the myriad issues faced by the LGBTQ+ community in India. These include matters such as pensions, joint property ownership, healthcare access, and child custody.
In compliance with the Supreme Court’s directive, the Indian government on April 16 established a committee with Cabinet Secretary Rajiv Gauba appointed as its chair. The committee, consisting of six members, will include secretaries from the Home Affairs, Women and Child Development, Health and Family Welfare, Social Justice and Empowerment, and the Law Ministries.
âThe Honâble Supreme Court vide its judgment dated 17.10.2023, in Writ Petition No. 1011/2022 Supriyo@Supriya vs. Union of India, has directed the central government to constitute a committee to be chaired by the Cabinet secretary to examine the various issues relating to queer community,â said the gazette notification.
A 5-judge constitutional bench led by Chief Justice Dhananjaya Yeshwant Chandrachud refused to recognize the right to marry as a fundamental right for same-sex couples. The country’s top court stated, while delivering the verdict last year, that parliament must decide whether to extend marriage rights to same-sex couples.
The Supreme Court acknowledged it cannot make laws but can only interpret them. It also recognized queer people cannot be discriminated against. The court had said that the material benefits and services given to heterosexual couples and denied to queer couples violate their fundamental rights.
Chandrachud and Justice Sanjay Kishan Kaul in their dissenting opinion advocated for civil unions instead of marriage, arguing this approach would grant legal rights to same-sex couples without extending full marriage rights. They emphasized that while marriage may not inherently confer rights, it offers certain “intangible benefits in the form of expressive advantages” and provides a “bouquet of rights” for couples to exercise.
âFor the right to have real meaning, the State must recognize a bouquet of entitlements which flow from an abiding relationship of this kind. A failure to recognize such entitlements would result in systemic discrimination against queer couples,â said Chandrachud.
Solicitor General Tushar Mehta, the country’s second-highest law officer, at the time had stated a committee chaired by the Cabinet secretary would be formed to delineate the rights that should be available to LGBTQ+ couples in a union.
The Supreme Court had outlined several entitlements for the LGBTQ+ community that include the right for queer partners to be treated as part of the same family for ration card purposes, the ability to set up a joint bank account, jail visitation rights, recognition as “next of kin” by medical practitioners, and the right to access the body of a deceased partner to arrange the last rites.
“The committee shall set out the scope of the benefits which accrue to such couples,â stated the Supreme Court in its 2023 ruling.
In last year’s judgment, the Supreme Court said “legal consequences such as succession rights, maintenance, financial benefits such as under the Income Tax Act 1961, rights flowing from employment such as gratuity and family pension and insurance.”
The Income Tax Act 1961, provides some benefits to married couple in India, such as a maximum deduction of âı199,654.44 ($2,400) that can be claimed in a financial year. Married couples can opt for a joint home loan with tax benefits on interest paid and principal repaid, and also get a higher loan amount. These financial benefits, however, are not available for LGBTQ+ couples in the country. Similarly, as per the rule of family pension in India, if a deceased government servant or pensioner is survived by a spouse, they will be the first to receive a family pension. Children and other family members become eligible for it only after the spouse of the decedent or pensioner become ineligible for a family pension or dies.
Activists say the establishment of a committee chaired by the Cabinet secretary to address the issues faced by LGBTQ+ couples in a union is a promising step forward.Â
“The Supreme Court’s verdict on October 17 last year marked a significant milestone in recognizing the rights of LGBTQ individuals, and this committee could play a crucial role in translating legal recognition into practical and effective policy changes,” said Souvik Saha, an LGBTQ activist and founder of People for Change. “The formation of this committee is particularly important in a state like Jharkhand, where LGBTQ individuals face unique challenges. According to the National Human Rights Commission (NHRC), LGBTQ people in India, especially in rural areas, continue to face significant stigma and discrimination. In Jharkhand, these challenges are compounded by socio-economic factors and a lack of awareness and acceptance among the general population.”
He also said this committee’s effectiveness will depend on its ability to engage with LGBTQ+ communities, understand their needs, and implement policies that are both inclusive and practical.Â
“As someone working on the ground, I would emphasize the importance of including voices from all parts of the LGBTQ spectrum, particularly those from marginalized communities,” Saha 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.
![](https://www.losangelesblade.com/content/files/2024/04/Barkha_Trehan_insert_courtesy_Barkha_Trehan.jpg)
NEW DELHI â Amid heatwaves in the Indian capital of New Delhi, the world’s biggest election is raising the temperature even higher.
The temperature in the Indian capital on the morning of April 18 reached 107 degrees, and the sun blazed like a furnace. In the political corridors, however, the sweat wasn’t just from the heat, but from the fervent preparation for and in anticipation of the election results.
The Bharatiya Janata Party, the current ruling party, aggressively prepared for the 2024 general election months ago but the other regional and national parties still seem to be preparing while the election has started in the country.
The Washington Blade traveled to New Delhi and witnessed the political party’s campaign and preparations.
Home Minister Amit Shah, representing the BJP, was aggressively campaigning in Ahmedabad and Gandhinagar in Gujarat state. BJP National President Jagat Prakash Nadda was campaigning in Assam state.
The Blade interviewed Barkha Trehan, a political activist in New Delhi. She said that while various political parties in India address transgender and women’s issues in their campaign rhetoric, the Indian National Congress fails to translate its promises into action at the grassroots level.
“Political parties, especially the Congress party in the country, have talked and written enough in their election manifesto, but in last many years they have done nothing,” Barkha told the Blade. “In the last 10 years, we have seen that whatever Bharatiya Janata Party (BJP) says or has written in their election manifesto, we have seen that work done on the ground level. Let’s say it is a women’s issue or transgender community issue, or any other issues like infrastructure issues, everything is visible.”
Barkha said that discussing an issue and taking tangible action on it are distinct endeavors.
She emphasized the BJP’s efforts at the grassroots level, whether concerning trans issues or other matters, deserve recognition. The BJP, according to her, has undertaken numerous initiatives for the trans community that skill development programs and providing loans for startups.
“BJP wants to work for all without any discrimination,” Barkha told the Blade. “They want to create a good image of our country in the world, but the Congress party always pulls down the fame. They always go abroad and discredit the country by talking negative all the time. They think this is the only way to win election in India, but this won’t work out for them.”
Talking about trans issues, Barkha said Prime Minister Narendra Modi has met people from the trans community. She told the Blade that he is trying to motivate the trans community to take advantage of employment opportunities.
“Before Modi, nobody used to look at the transgender community,” said Barkha. “No one used to talk about them. When the prime minister’s video went viral on the internet and television while he had a conversation with the transgender community, other people started and felt inspired to work for the transgender community and talk to them.”
Barkha told the Blade these things send a message to the trans community that there are people who are listening and who will always stand by it.
She noted the trans community has always faced discrimination, neglect, and abuse in India. This political outreach, according to Barkha, sends a strong message that the trans community is as important as anyone else, they have the same value as any other citizens in the country, and they deserve a better life. She told the Blade trans people can make money when they can learn new skills, and they will have self-confidence and self-respect when they can earn a living.
Discrimination based on gender identity remains commonplace in India
India’s trans community has suffered discrimination for many years.
An openDemocracy report notes 80 percent of trans Indians are either engaged in sex work or begging. India in 2019 passed a law, Transgender Persons (Protection of Rights) Act, with aims to protect the rights of trans people, their welfare, and matters connected therewith and incidental thereto.
The Indian government and BJP in 2022 came up with a socialist scheme for trans people. Support for Marginalized Individuals for Livelihood and Enterprise is a program to support trans people who are engaged in begging. It provides them access to medical facilities, counseling, education, skill development, and economic linkages with the support of state governments and local urban bodies along with volunteer and community-based organizations.
The Congress in Telangana state was recently accused of disrespecting the trans community when Revanth Reddy, the Congress party’s sitting chief minister, sent anti-trans slurs that targeted the state’s opposition party.
The Blade reached out to the Congress party’s office in New Delhi, but it denied the interview request.
BJP’s position on LGBTQ+ issues questioned
The Blade while in New Delhi also visited the Aam Aadmi Party’s headquarters.
Despite the scorching sun overhead, Delhi residents sought refuge from the sweltering temperatures. The Blade, amid the election fervor and campaign hustle, interviewed Aam Aadmi Party spokesperson Preeti Sharma Menon. She said the BJP is regressive and seeks to intrude into a person’s bedroom, dietary choices, and other aspects of their personal lives.
“If BJP comes back to power, the party will keep doing what it is doing now, not supporting LGBTQ rights,” said Menon. “I think, there is no doubt in the LGBTQ community that one cannot have BJP in power and live safely. If we want to give equal rights to every citizen of this country, then only the Indian National Developmental Inclusive Alliance is the only chance.”
She said the Aam Aadmi Party always tries to give LGBTQ+ people a chance, but the party in this general election has few seats (in parliament) for which to fight because it is part of the opposition alliance.
“We always think if you want the change, the LGBTQ community must have a representation in the parliament,” said Menon. “So, we always try to make LGBTQ community in the country politically active.”
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.Â
India
Indian political parties for the first time include LGBTQ rightsÂ
The worldâs largest democratic exercise will begin in India on April 19 as citizens begin to cast their votes in the countryâs election
![](https://www.losangelesblade.com/content/files/2024/04/Indian-National-Congress.jpg)
NEW DELHI â The worldâs largest democratic exercise will begin in India on April 19 as citizens begin to cast their votes in the countryâs election.
This yearâs election is different because national level political parties for the first time are promising to extend marriage rights to same-sex couples as part of their election platforms.
The Indian National Congress, one of Indiaâs oldest political parties, promised after wide consultation that it would introduce a bill that would recognize civil unions between couples who are part of the LGBTQ community. The party, which has governed India for the majority of the period since independence from the U.K. in 1947, has refrained from taking a stance on laws that include Section 377, which criminalized consensual same-sex sexual relations.
Then-Health Minister Gulam Nabi Azad in 2011 when the INC was in power said homosexuality is a disease. He made the controversial comment while speaking at an HIV/AIDS conference in New Delhi, the Indian capital.
âUnfortunately, this disease has come to our country too,â said Azad. âWhere a man has sex with another man, which is completely unnatural and should not happen but does.â
When the Delhi High Court was hearing the Naz Foundation case, the Home Affairs Ministry opposed the striking down of Section 377 based on its belief that homosexuality cannot be morally condoned. The INC never struck down Section 377, which criminalized homosexuality, in parliament.
A 5-judge panel on the Supreme Court on Sept. 6, 2018, decriminalized consensual same-sex sexual relations.
The Communist Party of India (Marxist) on April 4 unveiled its platform with a range of socialist commitments, including support for LGBTQ rights. Among these pledges is to amend the Transgender Persons (Protection of Rights) Act 2019 to address community concerns and ensure legal recognition and protection for same-sex couples akin to marriage.
The platform also outlined plans to introduce a bill similar to the Special Marriage Act of 1954, which allows partners to be listed as dependents and facilitating like inheritance, alimony in the event of divorce and other issues. The party further pledged to enact a comprehensive anti-discriminatory bill that would include LGBTQ people, ensure quotas in educational institutions and implement horizontal reservations in employment.
Addressing the issue of crimes against LGBTQ people, the platform promised to treat such offenses on par with crimes against heterosexuals. The platform also calls for tackling bullying, violence and harassment of gender non-conforming and LGBTQ people in educational settings, enforcing anti-hazing policies and combating hazing based on sexual orientation and gender identity.
The platform further touched issues related to transition and informed consent.
The Special Marriage Act of 1954 is a law that provides for civil unions among Indians and Indian nationals who live abroad, regardless of the religion or faith followed by either party. This law enables people from two different religious backgrounds to enter into marriage. Parliament in 2019 passed the Transgender Persons (Protection of Rights) Act that extended rights to trans people.
Brinda Karat, a former member of the Rajya Sabha, the upper house of the Indian Parliament, and leader of the Communist Party of India (Marxist), spoke with the Washington Blade and said the current government has homophobic ideas that are not acceptable to the party.
The ruling government under Prime Minister Narendra Modi is striving to secure more than 400 parliament seats in the upcoming election, aiming for a substantial majority.
Various polls conducted by Indian news organizations indicate a probable victory for the ruling Bharatiya Janata Party. In response to the BJPâs dominance, Congress and several national and regional parties have joined forces as the Indian National Developmental Inclusive Alliance.
This alliance comprises 26 opposition political parties. Despite its formation, however, there is no clear coalition strategy in place and only two parties have included LGBTQ-specific policies in their election platforms.
The Blade reached out to Congressâ spokesperson for comment, but has not received a response. The BJP also did not respond to a request for comment.
The party has yet to release its election platform.
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.
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