Lawmakers in the Seychelles on Wednesday approved a bill that will add an LGBTQ-inclusive hate crimes provision to the country’s penal code.

The National Assembly by an 18-8 vote margin approved the Penal Code (Amendment) Bill, 2024.

The hate crimes provision specifically includes sexual orientation, gender identity, and HIV/AIDS status, among other factors. The bill states anyone convicted of a hate crime based on the outlined characteristics could face a fine and/or up to two years in prison for the first conviction and a fine and/or up to three years in prison for any subsequent convictions.

“The inclusion of hate speech as an offense within the penal code (Cap. 158) provides for the intention to incite hatred towards a person or group of persons based on their protected characteristics, through various forms of communication or behavior, if the expression is perceived to be threatening, abusive or insulting,” said Attorney General Frank Ally in a July 1 letter that detailed the bill.

Human Dignity Trust, a London-based NGO, in a press release notes it has since 2020 “provided legal assistance” to Ally’s office “to draft the hate crime components of the bill.” The group also highlighted Mark Walters, a professor at the University of Sussex in England, “for his invaluable expertise and contribution to the drafting process.”

“The changes to the penal code will provide new and meaningful protections for people targeted simply because of who they are, and encourages marginalized communities to report crimes,” said Human Dignity Trust Chief Executive Téa Braun. “By enacting this law, the Seychelles has taken a strong stance against hate-motivated violence, ensuring that the most vulnerable members of society are protected.” 

South Africa is the only other African country that includes sexual orientation and gender identity in its hate crimes law.

Seychelles in 2016 decriminalized consensual same-sex sexual relations.

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. 

Lazarus Ikaneng Thomas, a 50-year-old gay man from Galeshewe in Northern Cape province has become South Africa’s latest victim of homophobic violence.

The province’s Department of Social Development, Youth, Women, People Living with Disabilities, Sports, Arts, and Culture said authorities discovered Thomas’s decomposing body in a home on Sept. 7 after neighbors complained of a foul smell. Thomas, who was buried at Kimberly’s Phutanang Cemetery last Friday, was reportedly strangled and had acid poured on his body.

Nontobeko Vilakazi, a member of the Department of Social Development, Youth, Women, People Living with Disabilities, Sports, Arts, and Culture’s Executive Council in the Northern Cape province, said Thomas’s murder left her shaken, especially when she saw pictures of his decomposed hand lying on the ground.

“I would firstly want to offer my condolences to the bereaved family,” said Vilakazi. “This tragic incident should never have transpired. It hurts me to see our society exhibiting so much hate.” 

“Why would someone murder someone because of who they are?” she asked. “The stigma and hatred for other people is of grave concern. As a community, we need to do better, we can’t continue like this. As a department we will be offering psychosocial support to the family, this tragic incident has left us utterly distraught.”

Sibonelo Ncanana, civil society engagement officer for OUT LGBT Well-being, echoed Vilakazi. The advocacy group said Thomas’s murder is a stark reminder of the ongoing hate crimes the country’s LGBTQ community are experiencing.

“Firstly, we would like to convey our condolences to the family. It’s really a painful tragedy that transpired,” said Ncanana. “However, over the past few months, we have witnessed a lot of hate crimes with most of the victims succumbing to the hate crimes.”

Ncanana said five people have been killed in suspected hate crimes in Eastern Cape over the last four weeks.

“It’s really worrisome,” said Ncanana. “We are running out of ideas on how to curb these hate crimes. It’s depressing and devastating.”

Inclusive and Affirming Ministries said the police should expedite their investigation of Thomas’s death.

“The LGBT community is united in demanding justice for Lazarus, we urge the police to take swift action in uncovering the truth and holding those responsible accountable,” said IAM.

South Africa is currently witnessing an unprecedented level of attacks on LGBTQ people, with many of them losing their lives. President Cyril Ramaphosa earlier this year signed a law that criminalizes hate crimes based on sexual orientation and gender identity, but the attacks continue. 

Activists have attributed this spike in anti-LGBTQ hate crimes to the National Prosecuting Authority, the police, and other law enforcement officials who they say have not done enough to arrest and prosecute perpetrators. A small handful of people accused of carrying out homophobic attacks have been arrested and prosecuted — and some cases have dragged on for years before a verdict is reached. 

Those who are convicted do not receive maximum — or lengthy — prison sentences. Activists say these punishments enable continued homophobic attacks.

So-called “right-wing socialists” continue their calls for the government to change laws that protect the rights of LGBTQ people.

South African law fully recognizes and protects LGBTQ people, but many South Africans continue to disregard their existence.