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India activists use Independence Day to reiterate call for equality

Government, private institutions continue to exclude transgender people

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(Photo by Rahul Sapra/Bigstock)

India on Aug. 15 celebrated 76 years of independence. 

This year’s Independence Day was very different. The Indian flag was everywhere; on cars, taxis, trucks, homes and government buildings. The country celebrated its true identity — Bharat, the Sanskrit name of India. 

Sanskrit, the world’s oldest language, is part of India’s cultural identity. But the country’s LGBTQ and intersex community is still searching for true inclusion in different government and private institutions. 

The Indian Supreme Court in 2018 struck down the colonial-era law that criminalized homosexuality. Four years later, on Aug. 15, Prime Minister Narenda Modi addressed the national from the Red Fort in Delhi, and talked about his vision for the country by 2047, but he did not specifically address the LGBTQ and intersex community.

The Indian government and private institutions do not allow people to choose gender-neutral or genderfluid identity markers. The use of appropriate pronouns for the LGBTQ and intersex community in public or private institutions is not very common either.

The Washington Blade sought comment from the Indian Post, the world’s most heavily used mail system, for comment on the issue, but it did not reply.

The Indian Post offers a variety of mail, insurance and banking services to its customers. While analyzing the saving account opening form, the Blade found that there are only three gender options: Male, female and other.

The Supreme Court in 2014 recognized transgender people as the third gender in a landmark ruling and ordered the government to provide welfare programs to the community.

“It is the right of every human being to choose their gender,” said the Supreme Court.

The available gender options force one to identify either with male, female, or other as trans even if they are not any of these. The Madras High Court in 2021 laid out an agenda of inclusion for the LGBTQ and intersex community, but the majority of government and private institutions are still far from following these rulings.

The Blade also contacted public sector banks as well as private ones like HDFC Bank; Central Board of Secondary Education; a national level education board; Axis Bank and the Department of Social Justice and Empowerment, but received no response.

The Blade reached out to the Bank of Baroda, one of the country’s public sector banks. 

A person with the bank’s HR team hung up the phone when asked to comment. The bank has a branch in New York, but it did not respond to a request for comment.

Not everything, however, is as bad as it seems. 

Kerala, a state in southern India, in January 2021 decided to include “transgender” as the option in all government forms for a more inclusive approach. Following the Supreme Court judgment, the state established a district board for the trans community that can respond to trans-specific ID cards. 

Government and private institutions are failing to achieve complete gender inclusivity — including the use of proper pronouns — in spite of efforts to enact progressive policies for India’s trans, lesbian, gay, bisexual, queer and intersex communities.

Tamil Nadu, another state in southern India, on Aug. 20 published a document from its Social Welfare and Women Empowerment Department

The document included a glossary of terms to be used to address the LGBTQ and intersex community, and it came from the Madras High Court. The Tamil Nadu government mandates the use of terms from the glossary in all institutions, including the media, to address community members. It includes “thirunangai” (trans women,) “thirunambi” (trans men,) “pal puthumaiyar” (queer) and “oodupal” (intersex.)

Many high school students with whom the Blade spoke said the use of these terms would be a positive step towards inclusivity, but private schools and other institutions do not provide many options for those who want to select their gender.

The Blade in December 2021 reported the National Council of Educational Research and Training published a manual to make teachers and students more sensitive to LGBTQ and intersex issues. It was meant to create a more inclusive environment for trans students, but the organization withdrew the manual after conservative activists protested.

To make sense of how gender identity and sensitization about gender can affect students in schools, one must look back at February of this year, when a student of Delhi Public School, a premier private school, died by suicide by jumping off his residential building. His mother in a complaint she filed with the police alleged her teenaged son faced extreme harassment at school over his sexuality.

Changes in colleges and universities are also coming, but the pace is slow. 

The Blade in April reported that the National Academy of Legal Studies and Research became India’s first gender-neutral university. With this new policy, the university also included the gender-neutral prefix Mx.

The Indian Institute of Technology in Mumbai, a premier institution in India, and other central government-funded institutions have accepted and are supporting LGBTQ and intersex inclusion by allowing the formation of an LGBTQ and intersex club at the campus. But gender options other than male, female and other, are still not available on the institute’s entrance exam or during the admission process.

“We agree that despite various rulings and judgments passed by the Supreme Court, there is still a long way to go for having better inclusion in government institutions. Though from having ‘male’ and ‘female’ as the only two default options to choose from, there has been increasing inclusion of ‘genderfluid’, ‘others’, ‘prefer not to say,’ etc., as categories of identity in many, if not all, places,” said Khushi, a representative of Saathi, an LGBTQ and intersex support group and a club at the Indian Institute of Technology. “Yet to make this phenomenon or this change a habit or routine, there is a lot that needs to happen. Given the way Indian society is structured, this entire idea many a time falls on deaf ears.”

Khushi from Saathi (Photo courtesy of Khushi)

Saathi throughout the year organizes workshops, movie screenings and informal meetings for everyone, including straight people who want to understand the community.

“To bring about a change, the government bodies have to consistently use inclusive language across its portals. Being inclusive in the school/college admission process as well as a further commitment to a gender inclusive and friendly environment can go a long way,” said Khushi. “Apart from that government can support already existing academic level and independent organizations that uphold the LGBTQIA+ cause. Anti-harassment policies can be gender neutral. In case of universities there can be courses that run-in sex and gender identity. There can be compulsory nonbinary gender orientations. There are many other things that can be done but the point is that though slowly but surely some change is coming through.”

Instagram in 2021 announced the inclusion of the LGBTQ and intersex community by providing the option to add pronouns. But Meta’s picture-sharing app is still far from providing the Indian LGBTQ and intersex community with this feature. 

The Blade reached out to Meta for a comment on the issue, but the company, which faces accusations of failing to prevent the incitement of violence in neighboring Myanmar, did not respond to multiple requests.

While talking with the Blade, Kumaresh Ramesh, a former Saathi coordinator, said that even though the courts have decriminalized same-sex relationships and advanced the rights of people in the trans community, there is a lot of work left to be done to mainstream acceptance in the society. 

Ramesh graduated from the Indian Institute of Technology last year and is no longer part of Saathi. While expressing his opinion, he suggested some measures which can help normalization of other gender and pronoun use.

“While one can litigate in court for enforcing these changes, we should also work on organically making it commonplace. For instance, if we make it a point to state our preferred pronouns and encourage others to do so, the government will eventually have to follow suit. I would like to request professors and teachers across disciplines to also state their preferred pronouns while they introduce themselves. This could be a small but powerful step towards fostering acceptance,” said Ramesh.

“Although IIT Bombay is centrally-funded and the current central government has not come out in support of the LGBTQ community, the administration has been largely supportive of Saathi, especially in the more recent years as awareness about the community has gone up. Talking about the government, intent is the key. If the government wishes to further the acceptance of the community, the importance of diversity and inclusion should be taught to school students. Greater representation of the community in school curriculum will increase acceptance not just in the young generation but also their parents and grandparents.”

Neysara, the founder of Transgender India, an online portal that supports the trans community and creates awareness, said that preferred gender-neutral pronouns are important for the Indian trans community. She also said that to make preferred/gender-neutral pronouns one of the centerpieces of Indian trans discourse would be a prime example of blindly copy-pasting western trans discourse to India without any understanding of the cultural context.

“Forget the pronouns printed in a form, most trans people in the country are not even allowed to enter SBI (one of India’s largest public sector bank) or a post office,” said Neysara. “How will they even see this form? Such tokenistic moves of printing a word on a form is super easy, what’s more difficult is inclusion, reform and sensitization. That’s what we need in any office.”

Neysara, founder of Transgender India, an Indian trans rights group. (Photo courtesy of Neysara)

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

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A queer Korean adoptee finds healing with original family members

‘I should have been there’

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(Public domain photo)

What does longing for your child look like? What happens when they resurface in front of you, when that rift was once an immeasurable open sea — a searing pain that silently hollowed you out for decades? For the child wrenched away by circumstance and thrown into the purgatory of always feeling in-between: in between home, in between being a whole person, in between who you could have been and who you are now — what does it mean to become and belong?

In filmmaker Jota Mun’s documentary “Between Goodbyes”, the fragmented yearning for home, family and identity are woven together into a tremendous and at times dream-like contemplation of the self, focused on various family members set adrift by a deceitful international adoption machine. 

The story is focused on Mieke Murkes, a queer Korean adoptee who grew up in the rural village of Vaassen in the Netherlands. Shortly after her birth in 1982, she was raised by Willy, a devout evangelical Christian woman. But the story does not begin with Mieke in Vaassen. It begins with Okgyun, her original mother, walking through an ephemeral meadow as she makes her way to a shoreline. This is our first point of loss. 

It is important to understand how the stories of Okgyun and Mieke exist. In “Between Goodbyes”, we see a frustrating glimpse into the cultural and political forces that created this separation. Since 1955, 200,000 children have been adopted from South Korea, and just three years ago, several of these adoptees found that their documents had been falsified. Murkes would sift through her own papers in “Between Goodbyes”, noting their dull and rote descriptions of her physical appearance and health. “The paperwork is as if you’re buying a new car,” Murkes says. 

Written nearby: “Both parents are unknown,” a falsehood that leaves the family breathless. It is a gut punch. 

This March, a South Korean governmental agency admitted that it had violated the rights of adoptees, but an investigation that began in 2022 at the behest of over 350 Korean adoptees has been halted. Whether or not retribution can ever be paid is up in the air, but the reeling grief and complicated self-reckoning many of these adoptees and their families face are rendered and expressed with deep tenderness in Mun’s documentary. “I did not know how to fit the Korean part of me in there,” Murkes said. 

When Okgyun was pregnant with Mieke, she was also raising three other daughters: Mijin, Mikyung and Taekyung. The population was booming, and mothers like herself were being shamed for continuing to have children. Considering abortion, Okgyun recounts a midwife who convinced her not to go through with it — that if the child were a boy, she should keep him. If it turned out to be a girl, she could give her away to live “a good life” in the U.S. “Men are always positioned above women,” Okgyun said. “I always hated that.” 

After Mieke was born, Okgyun’s mother-in-law told her to give her away. “She was gone before I saw her face,” Okgyun said. “I let her go.” Her guilt tightens her throat, trembles in her voice. “I dreamed of Mieke a lot. I can’t tell you how many times,” Okgyun said. “Dreaming and forgetting, dreaming, and forgetting. The thought that kept me going is that one day I can find Mieke.” 

What ensued was a several years-long search. Kwangho, Mieke’s original father, pleaded with an adoption agency for any leads about Mieke. They denied him several times and his desperation only grew. “I had to find her to be at peace before I die,” he said. 

Meanwhile, Mieke’s own grief and confusion were compounding. When she was beginning to discover her queerness, she was deeply ingrained in local religious spaces. What made her feel free, the church treated as an aberration — as behavior that resulted from loss. 

When she would eventually meet her original family, they, too, had trouble processing her queer identity and masculine presentation. To them, queerness was “acquired” from being raised in a foreign land. With time, they grew to embrace Mieke and her partner, Marit, even as misunderstandings arose. Of this, Mieke’s conflictedness is explored. Gay rights are more advanced and accepted in the Netherlands than in South Korea, but this does not mean contending with her queerness would have been easy with her adoptive mother, Willy. “It probably would have disappointed her a lot,” Mieke tearfully revealed.

Mieke’s stepping in between knowing and unknowing is reminiscent of Okgyun’s dreaming and forgetting — their grief and confusion move within them, replicating themselves over and over again. “Between Goodbyes” dives deeply into this in order to offer a portrait of healing: of its complications and the necessity of community support to achieve this. 

Mun discusses the film with the Los Angeles Blade, diving into how reunification between adoptees and original family members is, in many ways, made nearly impossible by factors like language and cultural barriers enforced and held tightly in place by the international adoption system. This film illustrates a break in this narrative and the mighty efforts behind it all.

A broadcast version of “Between Goodbyes” is now available to stream on PBS. See below for more information.

Can you tell me about the inception of making “Between Goodbyes”? Have you always wanted to tell a story about international Korean adoption from a queer perspective?

As a queer Korean adoptee myself, [there are] so many intersections that I haven’t quite seen on screen before. So I was always really excited about making something about my community. And then I’d say, in 2017, is around when I started getting closer to zeroing in on the idea. I think part of it was through befriending Mieke and hearing her parents’ story. Hearing about their efforts really blew my mind. 

So much of the standard narrative is that adoptees initiate the search. So even before meeting [Okgyun and Kwangho], it just felt like it spoke so loudly of not only their character, but a piece of the puzzle that I had never considered — that they could be longing for us. And I think as an adoptee, you always wonder what [your original parents] would think. So it’s very noticeable that we almost don’t ever hear from them directly. Even in narrative stories of adoption, they’re usually deleted, or they’re written in a really flat way that feels like they’re serving the plot. I’ve never seen a depiction of birth mothers in particular who are questioning their own circumstances or feel angry about it.

There’s a lot of nuance given to all of the different people that we see in the story. The pain is layered and deep, and we don’t just view it from one perspective. What was it like having to portray this hurt, when many adoption stories typically focus solely on the adoptee’s emotional and personal journey?

It’s so unique through each lens, even though it’s the same pain. Like her sisters — of course, it’s going to affect them. Even if she never said anything, they must have felt it. It just ripples out to everyone and keeps expanding. 

Originally, it was focused on Mieke, because that’s who I had the most access to, and she’s the closest to me in terms of general identity markers. So in my mind, I felt more confident that I could tell her story in a nuanced way. But what about Okgyun? I was hitting a similar barrier of communication that Mieke had hit. That’s part of why our main producer, Zoe Sua Cho, was so essential in conveying more about Okygun and the original family’s side of the story. 

When I was in the early stages of developing the film, there was a quote that I felt was really inspirational: “In our hurting, we did not realize that we were stolen from each other” (by SN Désirée Cha from Outsiders Within Writing on Transracial Adoption.) The same quote came back to me in the edit and helped us find a narrative structure that went beyond just one person’s perspective. 

What if the main character is the collective trauma, a singular event that causes the family to splinter and suffer across decades? I wanted to explore how tempting it is in these moments of righteous anger at systemic problems to end up fighting with each other. I feel like they both had to mourn something that was so much bigger than any one family. Mieke’s adoption affected so many people that I almost wanted that to be the main character. How do we not get lost in that pain and still try to come back together? It’s too much to carry alone. 

So the main character is not necessarily one person, but the issue that you’re trying to tackle throughout the story. It also makes me think about how the documentary itself, or the making of it, also participates in this community healing that I feel like was the focus of “Between Goodbyes”.

I hope it’s an important layer. Suffice to say I think I always deflect to name a singular main character. I wanted to show everyone’s point of view while of course highlighting especially Okgyun and Mieke. 

What else can you share about your approach to filmmaking?

You know, I was on this wonderful panel earlier this year, hosted by A-DOC, and I kind of surprised myself in preparing for it. I realized, actually, I have a lot of strong beliefs on filmmaking ethics that I hope come through in the film. For example, I reject the genius artist myth. The fantasy that if an artist is talented enough, they get permission to treat everyone around them terribly. That exploitation and squeezing things out of people is the best way to make great art. 

Instead, I want to believe that the sensitivity, the care, and emotional work I poured in is going to come shining through in the film. And I do think that’s part of why we witnessed so many intensely vulnerable moments that I couldn’t have predicted.

This emotional connection to the film is also, visually, represented in artistic and inventive ways. There are sequences interspersed throughout that feel dream-like and cinematic. Creatively, what was it like to structure and craft how you wanted those scenes to be, the weight that they carried, and why you wanted to represent them in that way?

Aw, thanks for saying so! I was clear from the beginning that I wanted certain moments in the film to look as cinematic and epically life-changing as they feel in real life. Because visually, sometimes these moments of heartbreak can look rather dull. The deep heartbreak of a farewell at the airport. What does it look like? It looks like two people hugging in a very normal-looking terminal. But that’s not what it feels like. It feels larger than life. So to me, every single one of the art [scenes] has a very literal symbolism in my mind.

I really enjoy the complexity given to the family, both through the artistic symbolism and through the different angles we get to view them in. When it comes to Mieke’s queer identity, there are varying levels of acceptance and also tension that co-exist. One of her sisters, Mikyung, skirts around terms and labels, instead saying Mieke is “like that,” and “I don’t know anyone like that.” There was this feeling that queerness is learned or acquired elsewhere — that Mieke “wouldn’t have turned out like that” if she had grown up with her original family in Korea.

I can’t be sure what they were implying but you know, I definitely didn’t want to fall into a common trope of seeing Western values as being so liberal and accepting and framing all other cultures as homophobic. I want to be clear that there is a queer community in Seoul. It’s not the same as Amsterdam, of course, but it does exist. 

That’s part of why it was important for me to include Mieke mentioned what she thinks her Dutch mom would have thought — just to clarify that homophobes are everywhere. There are plenty of them here in the West as well. Mieke’s Dutch parents were Evangelist Christians. So it’s not like everyone in the West is free to be a lesbian, you know?

Another moment that struck me in the film was a moment where we, as the audience, get to see you clearly. In this scene, we see you and Mieke on a rooftop, and you’re consoling her as she’s trying to prepare for a difficult conversation with her original mother, Okgyun. Did you have to find a balance in terms of being the director of this film and being Mieke’s friend?

It was really important to me to show friendship and how much that can help you along the journey. You think that for her to emotionally process things, it would have to be with her mom. But that rooftop conversation felt so transformative in itself. And then what ended up being the kind of mirror scene to that was Okgyun talking to Ruth [a fellow original mother]. She needed a buddy, too. How many times in life are we like: the opposing party doesn’t need to get it, but if my friend just could — that would give me so much relief and patience to enter the actual conversation with the person I’m upset with. 

Being so personally close to Mieke and her family meant that my film was about all people I loved and cared about. I think the documentary field comes from such a long history of an anthropological approach. It’s like, “I’ve helicoptered in, and I just met you, but I’m the expert artist.” I wish the ethos were the opposite; we need to care about everyone, from the participants to the crew. I don’t want the blood, sweat, and tears to come through on the screen. I hope that watching it makes people feel cloaked in tenderness and care.

I was so worried about everyone, probably too much. It’s such a weird thing to ask people to do, to be in a film, so I took that with a lot of responsibility. Be aware of the impact you’re having. I am having an effect on this family’s life. I almost wanted to be like: “Forget my art project.” This is about the rest of their lives as a family, and that’s more important. So it became a light on my path, trying to make decisions as best I could to have a positive impact on their relationship. 

It almost made me question my ethics in a different direction. “Am I intervening too much?” And that’s a strange thing: I have to admit I exist. I’m not a fly on the wall. And I think that’s why the conversation on the roof was really the most vulnerable for me, because I was showing myself. I’ve actually been here the whole time, cheering them on or trying to diffuse tension. I set out to make a film about how hard it is to stay in reunion, but now I’ve realized I’ll be heartbroken if their reunion doesn’t last. So in many ways the film was really just a vehicle for my attempt at keeping us all connected across so many distances, and that’s my own emotional journey or connection to their story.

Mun plans to release the full-length film in 2026, along with deleted scenes and additional footage. Up-to-date information can be found on the film’s Instagram page.

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Kazakhstan

Kazakh Senate tables anti-LGBTQ propaganda bill

Lawmakers say they need more time to consider proposal

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Kazakh flag (Photo by misima/Bigstock)

The Kazakh Senate has tabled a vote on a bill that would ban so-called LGBTQ propaganda in the country.

Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” The Kazakh Telegraph Agency, an independent news organization, reported the Senate in a statement said senators needed more time to consider the measure.

“It is important to note that the law introduces amendments and additions to the Labor Code of Kazakhstan as well as to 12 other laws of the Republic of Kazakhstan. This is a significant amount of work and requires additional time,” reads the statement. “Moreover, given that the law also regulates issues related to the protection of children’s rights, this is always a matter requiring special consideration and increased attention … “

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China.

Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.

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Japan

Tokyo court upholds Japan’s same-sex marriage ban

Country is only G7 nation without legal recognition of same-sex couples

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(Bigstock photo)

The Tokyo High Court on Nov. 28 ruled the lack of marriage rights for same-sex couples in Japan is constitutional.

The Associated Press notes Judge Ayumi Higashi upheld the legal definition of a family in Japan as a man and a woman and their children. The court also dismissed the eight plaintiffs’ demand for 1 million yen ($6,406.85) in damages.

Hiromi Hatogai, one of the plaintiffs, told reporters after the court ruled that she is “so disappointed.”

“Rather than sorrow, I’m outraged and appalled by the decision,” said Hatogai, according to the AP. “Were the judges listening to us?”

Japan remains the only G7 country without legal recognition of same-sex couples, even though several courts in recent years have ruled in favor of it.

The Sapporo District Court in 2021 ruled the denial of marriage benefits to same-sex couples violates the constitution’s equality clause. The Nagoya District Court in 2023 issued a similar ruling. The Fukuoka District Court in a separate decision said Japan’s current legal framework is unconstitutional. The Tokyo High Court in 2024 came to the same conclusion.

The Washington Blade last month noted Prime Minister Sanae Takaichi, who is Japan’s first female head of government, opposes marriage equality and has reiterated the constitution’s assertion the family is an institution based around “the equal rights of husband and wife.”

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