The government of Tamil Nadu in southern India has proposed a policy that is designed to improve the lives of LGBTQ and intersex people in the state.

The Tamil Nadu State Planning Commission introduced the “Draft Policy for the Welfare of LGBTQIA+ Persons” in July 2023. Key provisions include a 1 percent quota for transgender and intersex people in education and employment. Progress to implement the policy has been hindered because of the government’s fragmented approach of developing separate policies for different groups within the community.

The Madras High Court in January 2024 acknowledged Tamil Nadu’s proposed policy and commended the state’s efforts. 

The court highlighted key recommendations, such as establishing a State Commission for Sexual and Gender Minorities and introducing quotas, while stressing the need to combat discrimination and violence. The court this month, however, raised concerns about the government’s separate policies for trans people and the broader LGBTQ community.

Justice N. Anand Venkatesh stressed the need for a single, unified policy to effectively address the challenges the LGBTQ community faces. He directed the Social Welfare and Women Empowerment Department to submit a separate proposal for trans people and a consolidated LGBTQ one by Feb. 17 that would allow stakeholder input and improvements.

The Madras High Court has been actively guiding the Tamil Nadu government towards formulating a unified and comprehensive policy for the LGBTQ community, rather than separate policies for different groups within the community.

Tamil Nadu’s proposal offers several advantages aimed at promoting inclusivity and equality. It would provide healthcare inclusion, recommending the extension of the Chief Minister’s Health Insurance Scheme to cover trans-specific medical procedures, such as gender-affirming surgeries, to ensure essential healthcare is accessible. The proposal calls for nondiscrimination policies in all government departments and public authorities that seek to protect LGBTQ people from bias and violence.

The proposal calls for educational institutions to adopt policies that raise awareness and address issues of violence, abuse, and discrimination against students with diverse gender identities and sexual orientations. It also suggests the creation of bodies like the Tamil Nadu Council for LGBTQ Persons and District Level LGBTQ Welfare and Justice Committees to coordinate efforts across government departments.

“Tamil Nadu is the first state in India to develop a unified policy covering sexual orientation, gender identity and sex characteristics, based on a recent Madras High Court directive,” said L. Ramakrishnan from SAATHII, an organization that works to create an inclusive healthcare system, and a member of the policy drafting committee. “This is important because critical sensitization interventions for inclusive education, healthcare and employment require understanding of sexual, sexuality, and gender diversity,” 

“At the same time, recognizing the added vulnerabilities of trans and intersex individuals, provisions such as horizontal reservations and free land allocation are proposed only for transgender and intersex individuals,” added Ramakrishnan.

The proposal, among other things, calls for gender-neutral bathrooms and hostels. It also seeks to protect LGBTQ people from family violence and from corrective rape and so-called conversion therapy that medical providers and faith healers carry out.

The proposed policy would also acknowledge and support relationships outside the traditional marriage framework. It proposes a Deed of Familial Association that would legally recognize queer relationships as the Madras High Court ruled in a case of a lesbian couple who sought protection from harassment. While the deed would offer protection from family and societal harassment, it would not extend legal status or rights associated with marriage or civil unions. 

The Indian Supreme Court on Oct. 17, 2023, ruled against marriage rights for same-sex couples.

“We have long been working and sensitizing the government for a policy,” said Kalki Subramaniam, a trans activist and artist who founded the Sahodari Foundation, an organization that supports trans people in India. “It seems to be happening. We, the trans community, demand a separate policy for us because we are the most marginalized and poorest community in the entire LGBTQI spectrum.” 

“I insist on two different policies: One for us, trans and intersex persons, and the other for the LGB community. Practically, it is very much possible,” added Subramaniam. “The state government, months ago, held public meetings with the trans community in all districts, and the community’s overall demand is a separate policy. I welcome the commission and insist it should have representatives from trans women, trans men, and intersex communities.”

She told the Washington Blade the proposed policy is something for which the community has been waiting for years, and is happy to see it on the table. Subramaniam noted the quota, in particular, will ensure equal opportunities in jobs and education.

“Tamil Nadu government’s laudable efforts in building equity for the LGBTQIA+ community stands as a magnificent beacon of hope,” said Harish Iyer, an Indian LGBTQ activist. “In times of absolute disregard across the world, this effort puts not just the queer community, but India in the forefront of humanitarian efforts.”

Argentine President Javier Milei on Feb. 5 issued a decree that restricts minors’ access to gender-affirming surgeries and hormone treatments.

Human rights organizations and LGBTQ groups have condemned the edict that modifies Argentina’s landmark Gender Identity Law.

The International Lesbian, Gay, Bisexual, Trans and Intersex Association for Latin America and the Caribbean (ILGALAC) and ILGA World have condemned the decree, noting it “imposes severe restrictions on the right to gender identity of trans and non-binary people, particularly young people.” They further state the restriction “ignores scientific evidence and the recommendations of international bodies, such as the World Health Organization (WHO) and the Inter-American Commission on Human Rights (IACHR).”

The Argentine Federation of Lesbians, Gays, Bisexuals and Trans (FALGBT), meanwhile, has announced it will go to court to stop the modification of the Gender Identity Law and, if necessary, will turn to international organizations. Legal experts have argued the decree is illegal and unconstitutional, and Argentina’s Supreme Court should intervene.

FALGBT President María Rachid, told the Washington Blade that “from the Argentine LGBT Federation we are filing a declaration of unconstitutionality for this DNU (the Spanish acronym for Necessary and Urgent Decree), because we consider that the president is begging for legislative powers that do not correspond to him. That law was approved by a wide majority in both chambers, where specialists of medicine, of law went to expose concrete research on these issues.”

“On the other hand, we are also going to file injunctions, both collective and individual, to defend the rights of trans children and adolescents, mainly,” said Rachid. “It is not true what he (Milei) says to justify this absolute intrusion to legislative powers, saying that 5-year-old children are mutilated. This is not true. Genital reassignment operations are performed after the age of 18, even by medical indication.”

This decree is in addition to other measures of Milei’s government that affect the LGBTQ community, such as the prohibition of gender-affirming treatments and surgeries for minors and limits on housing transgender women in female prisons.These actions have generated controversy and concern among human rights advocates and international organizations.

“President Javier Milei, since he took office, has been carrying out a series of measures that directly affect the vast majority of formal and informal workers in Argentina, and the LGBTIQNB population is no exception,” said Ornella Infante, a trans woman who is a national leader of the leftist Evita Movement. “In addition to the hate speeches that multiply violence; it is a class hatred to sectors with organizational and mobilization capacity such as women, unions, social movements, and sexual diversity.”

“It is exposed with the dismissals of LGBT people from national agencies, the definition of gender policies, the closure of INADI, a state agency that worked to eradicate discrimination in the country,” added Infante. “All of this directly affects vulnerable populations and painfully shows that it is part of their government’s ideals to end human rights policies.”

ILGA World has urged the international community, human rights organizations and democratic institutions to speak out against these measures and to demand the repeal of the decree, calling it “an abuse of executive power and a blow to democratic institutionality.”

Several South African advocacy groups say they are not moved by President Cyril Ramaphosa’s pledge to protect LGBTQ rights during the State of the Nation speech he delivered in Cape Town on Feb. 6.

“As South Africans, we stand for peace and justice, for equality and solidarity. We stand for non-racialism and democracy, for tolerance and compassion,” said Ramaphosa. “We stand for equal rights for women, for persons with disability and for members of the LGBTQI+ community.”

Even though the president made the proclamation, LGBTQ South Africans continue to face hate crimes that often end in the loss of life, despite laws that include the Preventing and Combating of Hate Crimes and Hate Speech and the prohibition of discrimination based on sexual orientation enshrined in the constitution.

In addition, U.S. President Donald Trump’s 90-day moratorium on nearly all American foreign aid has impacted several LGBTQ organizations in South Africa.

“The cut in funding has really made a negative impact towards the way we run the organization,” said Sibonelo Ncanana, civil society engagement officer for OUT LGBT Well-Being. “It’s more of a malfunction we are witnessing, so what the president said last Thursday has little relevance due to the ongoing predicament we are encountering.”

Bruce Walker, convenor of Pretoria Pride, said he appreciated Ramaphosa’s comments about the protection of LGBTQ rights, but added they were mere grandstanding.

“We really appreciate him saying this and it’s a good thing for an African leader to speak out about the rights of the LGBTI community. LGBTI rights are in our Bill of Rights and constitution,” said Walker. “However, the president’s utterances were just pure window dressing because the current government refuses to condemn the treatment of LGBTI communities in Africa, and are very quiet on the imprisonment and execution of LGBTI people in the world but fight and spend millions to condemn Israel.”

Iranti nevertheless said it expected the president to stay true to his word and ensure the rights of the LGBTQ community are protected as the country’s constitution outlines.

‘President Ramaphosa affirmed that he stands with members of the LGBTQIA+ community, a very important act as we witness a regression of LGBTQIA+ rights and the growth of anti-gender movements across the globe,” said Iranti. “We urge the president to follow up on this commitment, with concrete strategies and actions that will improve the lives of LGBTQIA+ people in South Africa.”

South Africa is the only African country that constitutionally recognizes LGBTQ rights. Many South Africans, however, do not recognize the LGBTQ community because of cultural and religious beliefs and the idea that homosexuality is a Western import.

The suspension of nearly all U.S. foreign aid has impacted the Uthingo Network, OUT LGBT Well-Being, Iranti, and other advocacy groups. Trump on Feb. 7 signed an executive order that limits American financial assistance to South Africa because of the Expropriation Act that Ramaphosa signed last month.

Though the Expropriation Act involves compensation, some of the land the government has deemed of public interest — for infrastructure projects, public service expansion, and environment conservation — can be expropriated without permission. Trump said the law violates South Africans’ rights.