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The couple eventually won family approval. Their lawyer said the court had served notice on 14 of Veena's relatives and villagers who had threatened them with "dire consequences". Haryana has been the centre of widespread protests by villagers who believe their village councils or khaps should be allowed to impose their own punishments on those who disobey their rulings or break local traditions — mainly honour killings of those who marry within their own gotra or sub-caste, regarded in the state as akin to incest.
Deputy Commissioner of Police Dr. Abhe Singh told The Daily Telegraph : "The couple has been shifted to a safe house and we have provided adequate security to them on the court orders. The security is provided on the basis of threat perception and in this case the couple feared that their families might be against the relationship. In October , a group of citizens proposed a draft of a new Uniform Civil Code that would legalise same-sex marriage to the Law Commission of India. It defines marriage as "the legal union as prescribed under this Act of a man with a woman, a man with another man, a woman with another woman a transgender with another transgender or a transgender with a man or a woman.
All married couples in partnership entitled to adopt a child.
Sexual orientation of the married couple or the partners not to be a bar to their right to adoption. Non-heterosexual couples will be equally entitled to adopt a child". There are currently several same-sex marriage petitions pending with the courts. Article 15 of the Constitution of India states that: [71]. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. In the case of Navtej Singh Johar v. Union of India , the Supreme Court ruled that the Indian Constitution bans discrimination based on sexual orientation via the category of "sex".
Similarly in the case of National Legal Services Authority v. Union of India , the Supreme Court held that discrimination on the basis of gender identity is constitutionally prohibited. Gender identity, in our view, is an integral part of sex and no citizen can be discriminated on the ground of gender identity, including those who identify as third gender. We, therefore, conclude that discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under our Constitution.
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Sex as it occurs in Article 15, is not merely restricted to the biological attributes of an individual, but also includes their "sexual identity and character". Despite these constitutional interpretations, no explicit law has been enacted to ban discrimination on the basis of sexual orientation. Concerning employment, Article 15 only extends to discrimination from the state or government bodies. Adopted in , the Transgender Persons Protection of Rights Act, bans unfair discrimination against transgender people in educational establishment and services, employment, healthcare services, access to the "use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public", the right to movement, the right to "reside, purchase, rent or otherwise occupy any property", the opportunity to stand for or hold public or private office, and in government or private establishments.
There have been reservations among some in the transgender community, both regarding the difficulty of obtaining a certificate, and because of lack of awareness and lack of sensitivity to the issue among local public officials. Protesters noted the provision for certification, but criticized the fact that this would require people to register with the government in order to be recognized as transgender. They also criticized the inequality in herent in the vast differences in punishment for the same crime, such as sexual abuse, committed against violating a transgender or cisgender individual.
LGBT activists are encouraging people who have faced discrimination because of their sexual orientation or gender identity in private employment or other non-state areas to mount challenges in court, seeking to test the jurisprudence set by the two rulings. Discrimination, bullying and ragging targeted at a student on the ground of their sexual orientation or transgender status is prohibited under the UGC Regulation on Curbing the Menace of Ragging in Higher Educational Institutions Third Amendment , India has traditionally recognised a third gender population, considered by society as neither male or female.
Hijras were legally granted voting rights as a third sex in The Court also ruled that the Indian Constitution mandates the recognition of a third gender on official documents, and that Article 15 bans discrimination based on gender identity. In , transgender and gender activists S. It also contained provisions to prohibit discrimination in employment as well as prevent abuse, violence and exploitation of transgender people.
The bill also provided for the establishment of welfare boards at the centre and state level as well as for transgender rights courts. The bill was introduced by DMK MP Tiruchi Siva , and marked the first time the upper house had passed a private member's bill in 45 years. However, the bill contained several anomalies and a lack of clarity on how various ministries would coordinate to implement its provisions.
Social Justice and Empowerment Minister Thaawar Chand Gehlot stated on 11 June that the Union Government would introduce a new comprehensive bill for transgender rights in the Monsoon session of Parliament. The bill would be based on the study on transgender issues conducted by a committee appointed on 27 January According to Gehlot, the Government sought to provide transgender people with all rights and entitlements currently enjoyed by scheduled castes and scheduled tribes.
The Transgender Persons Protection of Rights Bill, , which was initially introduced to Parliament in August , was re-introduced to Parliament in late Akkai Padmashali criticised the bill's definition of transgenderism, which states that transgender people are "based on the underlying assumption of biological determinism". A government bill, the Transgender Persons Protection of Rights Bill, , was reintroduced to Parliament after the general election. However, transgender people are required to go to a district magistrate to have their gender identity certified, and require proof of sex reassignment surgery.
Transgender rights
The bill prohibits discrimination against transgender people in nine fields, such as education, employment and healthcare. However, transgender activists criticised that the bill is silent on a real remedy or mechanism to integrate transgender people into public spaces and improve the quality of their lives, or on how the State intends to enforce this, or about what the State will do, if and when such discrimination does occur. Although it includes terms such as "trans-men", "trans-women", "persons with intersex variations" and "gender-queers" in its definition of transgender persons, these terms are not defined.
A controversial clause that would have criminalised begging by transgender people was removed from the bill. Another controversial clause that would have made transgender people subject themselves to certification by a district screening committee to be acknowledged as transgender was also struck out. The legislation received further criticism concerning the issue of sexual assault; it provides for maximum two years' imprisonment for sexually assaulting a transgender person, whereas the minimum penalty for raping a cisgender woman is 10 years.
Specifically, it directed the authorities to register a marriage between a man and a transgender woman. The states of Tamil Nadu and Kerala were the first Indian states to introduce a transgender welfare policy. According to the policy, transgender people can access free sex reassignment surgery SRS in government hospitals only for male-to-female , free housing, various citizenship documents, admission in government colleges with full scholarship for higher studies, alternative sources of livelihood through formation of self-help groups for savings and initiating income-generation programmes IGP.
Tamil Nadu was also the first state to form a transgender welfare board with representatives from the transgender community. The state of West Bengal set up a transgender welfare board in to coordinate all policy decisions and development work pertaining to the transgender population in the state. Supposed to meet once every month with representatives from numerous state government departments, the board has only met five times as of July In July , the state of Odisha enacted welfare benefits for transgender people, giving them the same benefits as those living below the poverty line.
This was aimed at improving their overall social and economic status, according to the Odisha Department of Social Security. The Government of Himachal Pradesh has set up medical boards at the district and state level for assisting transgender people.
The state has also enacted various schemes providing pension, skill development, scholarship and financial support for parents of transgender people. In April , the Ministry of Drinking Water and Sanitation instructed states to allow transgender people to use the public toilet of their choice. A transgender board was established in Chandigarh on 22 August The board comprises members from the police department, the social welfare department, the education department and the law department, health professionals, and representatives of Panjab University , and others. In October , the Karnataka Government issued the "State Policy for Transgenders, ", with the aim of raising awareness of transgender people within all educational institutions in the state.
Educational institutions will address issues of violence, abuse and discrimination against transgender people. It also established a monitoring committee designed with investigating reports of discrimination. On 28 November , N. Chandrababu Naidu , the Chief Minister of Andhra Pradesh , announced the enactment of pension plans for transgender people. The Government will also construct special toilets in public places, such as malls and cinema halls, for transgender people.
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Transgender activists have criticised aspects of the bill, including its requirement to establish medical boards to issue "transgender certificates". The Government of Delhi announced its intention in May to establish a seven-member committee to review issues surrounding the transgender community, including concerns of sexual abuse, discrimination at work as well as other societal problems.
The commission receives a lot of complaints of abuse against them. The cell will enable us to focus on issues faced by [transgender people] and providing members greater support and safety. In July , the Rajasthan Transgender Welfare Board RTWB announced it would begin issuing "multi-purpose identity cards" to about 75, transgender people in the state to help them access government schemes and benefits.
The Uttarakhand High Court directed the State Government in late September to provide reservation for transgender people in educational institutions, and to frame social welfare programmes for the betterment of transgender people. In early , the Social Welfare Department of Assam published a draft "transgender policy" with numerous objectives, including providing transgender people access to educational institutions, providing shelter and sanitation for the homeless, raising awareness, and issuing self-identification identity cards.
In February , the Maharashtra Government set up a "Transgender Welfare Board" to conduct health programmes and provide formal education and employment opportunities to transgender people.
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The board provides skill development programmes to help transgender people find a job and free accommodation for those seeking scholarships. The Gujarat board provides various welfare programmes for employment and education, and coordinates with state departments to ensure that the transgender community is able to take advantage of government schemes. An educational campaign was also established in order to sensitise the public. In addition, those who refuse house on rent or medical facilities to transgender individuals would be eligible for imprisonment ranging between six months to two years.
In August , the state of Madhya Pradesh announced its intention to set up a welfare board for the transgender community in the near future. Issues will include a monthly allowance to parents of intersex children, provisions for job reservations for transgender persons in government and separate public toilets. Vaadamalli by novelist Su. Samuthiram is the first Tamil novel about the local aravani community in Tamil Nadu, published in Transgender activist A. Revathi became the first hijra to write about hijra issues and gender politics in Tamil.
LGBT rights in India - Wikipedia
Her works have been translated into more than eight languages and act as a primary resource on gender studies in Asia. Her book is part of a research project for more than universities. She is the author of Unarvum Uruvamum "Feelings of the Entire Body" , the first of its kind in English from a member of the hijra community. Revathi is part of the syllabus for final year students of The American College in Madurai.
The American College is the first college in India to introduce third gender literature and studies with research-oriented seminars. In February , the Indian Psychiatric Society IPS issued a statement in which it stated that there is no evidence to prove that homosexuality is unnatural: "Based on existing scientific evidence and good practice guidelines from the field of psychiatry, the Indian Psychiatric Society would like to state that there is no evidence to substantiate the belief that homosexuality is a mental illness or a disease.
Despite this statement from the IPS, conversion therapies are still performed in India. These practices usually involve electroconvulsive therapy which may lead to memory loss , hypnosis, the administration of nausea-inducing drugs, or more commonly talk therapy where the individual is told that homosexuality is caused by "insufficient male affirmation in childhood" or "an uncaring father and an overbearing mother".
Conversion therapy can lead to depression, anxiety, seizures, drug use and suicidal tendencies for the individuals involved. There are many avenues for the LGBT community in metro cities for meeting and socialising, although not very openly. Trans-specific groups that are focused on support and advocacy include Sampoorna, Tweet Foundation, Telangana Hijra Trans Intersex Samiti, and many others.
There have been many reports of abuse, harassment and violence over the years directed against LGBT people. In , a hijra was gang-raped in Bangalore , and then gang-raped by the police. Testimonies provided to the Delhi High Court in documented how a gay man abducted by the police in Delhi was raped by police officials for several days and forced to sign a "confession" saying "I am a gandu [a derogatory term, meaning one who has anal sex]".