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. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On July 10, as India’s Supreme Court was engrossed in a pivotal review petition concerning marriage equality, an unexpected twist unfolded.

Justice Sanjiv Khanna, the court’s 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 court’s 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 October’s 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 India’s 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.

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.

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 — 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.”

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.