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India insurance company appears to recognize same-sex couple

Life Insurance Corporation of India is public sector entity

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(Bigstock photo)

2019 was a year of celebration for the Indian LGBTQ community. It was the year when the Indian Supreme Court struck down a colonial-era discriminatory law that criminalized homosexuality in the country, but same-sex marriage is still not legal. 

The nation’s LGBTQ community has been continuously fighting to bring change. 

The Delhi High Court is already in the process of hearing the petition on same-sex marriage. 

Life Insurance Corporation of India (LIC), a public sector insurance company under India’s Finance Ministry, last month shocked the country while replying to a question ā€” “if a gay partner can be named as the nominee in the insurance policy or not?” under the Right to Information Act, RTI. The company in its reply said there is no legal bar for anyone to make their same sex partner a beneficiary in insurance policies in the name of that person. 

A queer couple, Suchandra Das and Sree Mukherjee, who live in the eastern metropolitan city of Kolkata, initiated the RTI.

While talking to the media, Das said LIC mentioned in its reply that there is no legal bar to nominate any person, including strangers. 

“In effect, this means that there is no bar for a policyholder from making a person not related to him or her by birth, consanguinity, marriage or adoption as his or her nominee,” said Das to Times Now News.

Though the LIC is under the government of India, which continuously opposes the law for same-sex marriage in the Delhi High Court, the RTI reply is in contradiction with the government’s stand.

“I welcome LIC’s move on inclusiveness,” said Kalki Subramaniam while reacting to the news. 

Subramaniam is a transgender and climate rights activist. 

“Inclusive steps by corporate companies to recognize LGBTQI communities are on the rise in India, which is very welcome. It helps us with opportunities for a better living through jobs and improved economic status.” she said.

Supreme Court judges have recently shown encouraging and positive support for the LGBTQ community in the country. In August, one of the top judges, Justice D.Y. Chandrachud, while talking at an event in Delhi, called for structural and attitudinal changes in society to let the LGBTQ community live a life of autonomy and dignity.

While talking with the Washington Blade, Chetana Salunkhe, a digital creator with the LGBT Navi Mumbai, said that it is contradictory, but it’s still a stepping stone for equal rights. 

“Marriage, adoption, inheritance are a few rights we are looking forward to. These rights not only give us the sense of equality, it gives is a sense of security and dependency,” said Salunkhe. “Talking about this step taken by LIC, at least queer couples get to be the depends of each other legally, which makes it a very happy news for every queer individual. And as it is correctly said ‘it is better to take small steps in the right direction than to take a great leap forward,’ this little step is also going to be a great one for queer individuals and legal system to understand and formulate safe and equal laws in regards to marriage, adoption, etc. for the community.”

Kanav Narayan Sahgal, a communications manager at Nyaaya, Vidhi Centre for Legal Policy, also expressed happiness on the LIC’s written reply on same-sex partners being a beneficiary in life insurance policies.

“LIC’s response to the RTI is a welcome move. And while the central government continues to oppose the legalization of same-sex marriage, one should welcome small steps like these in the long march toward equality,” said Sahgal in an email to the Blade. “However, it should be noted that even though a same-sex partner is a nominee, they don’t automatically get succession rights. LGBTQ+ organizations like Varta do have legal solutions to overcome these loopholes, but these issues can be fixed if the central government were to simply legislate on marriage equality and settle the matter once and for all.”

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 atĀ [email protected]. He is on Twitter atĀ @mohitkopinion.Ā 

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India

Indian government announces equal opportunity policy for transgender people

Privacy among regulation’s key tenants

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(Photo by Rahul Sapra via Bigstock)

The Indian government has announced a first of its kind equal opportunity policy for transgender people.

The policy will prohibit the disclosure of a trans person’s gender identity without their consent as the Transgender Persons (Protection of Rights) Rules 2020 requires. The Social Justice and Empowerment Ministry says the Equal Opportunity Policy for Transgender Persons will encourage the fair treatment of trans people and create workplaces free from discrimination, harassment and bias. 

The policy seeks to ensure a trans employee’s the right to choose a pronoun, gender and a chosen name ā€” every business, non-governmental organization and other employers in India will be required address the trans individual with the chosen names in all workplace communications. The Indian government, led by Prime Minister Narendra Modi, has circulated the notice to all the states and chief secretaries and asked them to ensure the swift implementation of the policy.

The notified policy highlights the importance of maintaining confidentiality of gender identity. 

“Information related to gender identity will be treated with utmost confidentiality,” it reads. “Employees are expected to respect the privacy of their colleagues and refrain from disclosing any such information without explicit consent.”

The policy also states a business’ HR department will launch an inquiry that could lead to sanctions if the policy is violated. The policy also prohibits bullying against trans people in the workplace.

“Harassment or bullying based on gender identity is strictly prohibited,” it reads. “Any reported incident will be promptly and thoroughly investigated, and appropriate corrective actions will be taken.”

Every organization will have a grievance redress system in order to address policy violations. Workplaces will also be required to have infrastructure facilities for trans employees ā€” unisex bathrooms and amenities that include hygiene products, for example ā€” for trans people to effectively discharge their duties.

Sudhanshu Latad, an advocacy manager atĀ Humsafar Trust, an organization that promotes LGBTQ rights in India, told the Washington Blade he supports the initiative, while adding a person’s identity does play a role in their experiences.

“The care and support, let’s say in this case a trans person requires will be very different than support a cis woman will require,” said Latad. “They need different short of bases to be covered to be able to perform to the same expectations that a cis man like me would require to perform in a situation or a role.” 

“It is important to give everyone an equitable platform, this is a welcome step because it discloses that the government is keen on working with various communities,” he added. “This formal acknowledgement or expression of interest in including gender minorities at workplace by the central government is a welcome move.”

Latad nevertheless told the Blade the policy alone “would not be enough” to address discrimination based on gender identity.

“There needs to be enough focus dissemination of this policy within the existing workforce,” he said. “Until and unless a senior manager from the government understands the use and need of pronouns in the communities … the implementation of this amazing policy will not happen on the ground.”

Latad told the Blade that sensitization, roundtables and equal dialogue will help unlearn and then learn which is the way forward for providing equal rights to the community. He said the use of chosen pronouns does seem like a small effort, but it does take a lot of effort and it is important. Latad added everyone, not just employers, needs to be taught equality.

Doctor Yoga S. Nambiar, founder and director of Global Rights Foundation and the first trans person in India to hold a PhD in mental health, said the new policy is good. They noted the government has announced many policies since the Supreme Court issued its National Legal Services Authority (NALSA) vs. the Union of India ruling, but they’re only on paper.

“Till the time the government does not take the initiative to take care of the policies, nothing is going to work,” said Yoga. “Government promised housing for trans people, government promised transgender cell in police stations, nothing has came in force as of now. So, if things workout, it’s good, if not, we are struggling anyways. We are fighting for our rights.”

The Supreme Court in the NALSA case in 2014 ruled in favor of the trans community, saying state and central governments must fully recognize trans people under the law in order for them to receive an education and health care without discrimination. The Supreme Court also said trans people will be considered a “third gender.”

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. 

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New Delhi high school students champion LGBTQ rights

Tagore International School’s Breaking Barriers program making a difference

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Tagore International School in New Delhi (Washington Blade photo by Ankush Kumar)

NEW DELHI ā€” New Delhi woke up to a frosty morning on Feb. 3. The air was crisp and biting, as a thick blanket of fog enveloped the surroundings in a ghostly haze. Amid this wintry scene,Ā Tagore International School – Vasant Vihar bustled with life, its buildings standing strong against the chilly breeze while teachers hurried for an outdoor tour on the weekend.Ā Ā 

In India traditions and customs sparkle like jewels in every corner. In the vast land, where old beliefs often hold strong, Tagore International School in South Delhi is a special place where something magical is happening. The school is becoming the beacon of inclusivity. 

The Washington Blade visited the school and talked to the students, board members and its project coordinator. 

While talking to the Blade, Vaanya Kalra, a 12th grade student at the school, said her parents are understanding and supportive. Vaanya, with a smile on her face, said she had free access to the internet when she was younger. It was during this time that she discovered a campaign called Breaking Barriers at her school that aims to support and raise awareness about LGBTQ rights.

“Breaking Barriers has existed for the past 10 years at my school, and I kind of always wanted to join it,” said Vaanya. “I did when I had the opportunity to join it.”

Vaanya, with a mixed feeling of sadness and anger in her eyes, opened up about her journey and said people were reacting differently to people who were different. Vaanya, who has always been an empathetic person, saw unnecessary hatred around gender and sexuality over the internet, and it became difficult for her to ignore it. She excitedly said she had time, energy and empathy and decided to join Breaking Barriers at her school.

Vaanya told the Blade she had the conversation with her friends and family before she joined the campaign. Her family was accepting of everything. She confidently shared that she enjoyed her journey in Breaking Barriers while supporting the LGBTQ community in her school and campaigning for it in other schools. Vaanya said she is considering higher studies in international relations.

While talking to the Blade, Vaanya expressed her extreme displeasure with an Indian news outlet for accusing Breaking Barriers members of ‘brainwashing children.’ She said that when she went online for a meeting on Breaking Barriers activities, random people took over the platform to dictate how wrong this campaign was.

“It was a very difficult journey,” said Vaanya.

Tagore International School Student Development Advisor Shivanee Sen joined the interview virtually from New York and discussed the campaign’s background. 

She said Safina Ameen and Sohini Chakrabarti were student leaders and participated in the South Asia competition for an expansive school-wide social background and Shivanee chose to join the group. Sohini, Safina and Shivanee, at their young age, sat together and decided to work in gender space. While the discussion was going on, Shivanee suggested working in the field of gender and sexuality, and the other two happily agreed to work.

Shivanee said the initial group discussion was about working on women’s rights issue, but her idea was to work on other populations who suffer discrimination in India. Shivanee’s idea led the group of three young women to work on LGBTQ rights in India. Shivanee sent Sohini and Safina home for their parents’ consent and they luckily gave it. The group then started to work on LGBTQ rights at the school level.

From left: Sohini Chakrabarti and Shivanee Sen at a UNESCO conference.(Photo courtesy of Priyanka Randhawa/Breaking Barriers)

Sohini, one Breaking Barriers’s founders, said that there was an institutional void around this thematic area across schools in India.

“These things are not being discussed in schools. I was also 13 years old when we began. So as a young kid who was trained by professionals from NGOs, and because we were on the field working on gender rights at the same time, I was talking to students older than I was, and teachers about sexuality which was quite strange and jarring to some people to have like a school-wide campaign on this thematic, because of its central kind of overarching challenge,” said Siddhi Pal, one of Breaking Barriers’ original members. “It was really hard for us to take the campaign to different schools as our work was labeled as criminal, illegal and brainwashing. Those kind of things were a huge barrier, but apart from that we were so onboard. We pushed through it and made it work. But 10 years ago subject mattered the most as we were all kids.”

While answering what kind of resistance the campaign faced from the parents, Shivanee said not much because all members joined in with pre-parental consent. Shivanee further said that in the past 10 years, her Breaking Barriers campaign that supports the LGBTQ community at schools rarely faced parental resistance.

“I am quite surprised that in past 10 years we haven’t really had parental pushback,” she said. “They might not be okay with their kids joining the campaign, but no parent has taken it upon themselves to try and stop the workshops happening at school.”

Expressing concern about how an Indian news outlet published a homophobic article about Breaking Barriers and Tagore International School, Vaanya said with extreme confidence that when negative news about the campaign and the members, especially in a newspaper, comes out that means the campaign is making a change.

Siddhi joined the interview from London and said the biggest source of support is when new students enroll each year. That’s when they see what their peers are doing and that helped further inspire the campaign.

“What I have heard from others over the years, people actually aspire to join the campaign as they get into more leadership position,” said Sohini. “It’s interesting to see as it was hard to start it off, and there were lots of challenges in the beginning, not to say there are not now, but to keep it going has been easier because every year more students come in, there is more and more information about the campaign. So, to keep it going has been really amazing.”

Tagore International School students (Photo courtesy of Priyanka Randhawa/Breaking Barriers)

Tagore International School Project Coordinator Priyanka Randhawa told the Blade the campaign selects the office holders from ninth, 10th, 11th and 12th grades ā€” its president or vice president typically comes from the older classes, while any interested students can join it. The Breaking Barriers team at the school is turning the campaign into a movement and taking sessions in other schools as well.

“We go to other schools and take up sensitive issues with them,” said Randhawa. “At the workshop, we show a presentation in other schools, and explain terminology related to Breaking Barriers, we share the stories of transgenders and we try to touch on emotional aspects also.” 

“These workshops are meant for high school students only. We also do workshops for educators for sensitization,” added Randhawa. “We have also collaborated with NGOs like Naz Foundation, they train our students and sensitize on LGBTQ community.”

Priyanka said the campaign encourages other schools to start their own Breaking Barriers groups.

Jiya Chawla, a student at the Tagore International School and member of Breaking Barriers, told the Blade in New Delhi that she, along with Vaanya, joined the campaign four years ago.

“We have been to multiple schools. At least 20 schools offline and online we have been to more than 40 schools,” said Jiya. “We faced questions that were a homophobic point of view or a transphobic point of view. But we never said no you are wrong. We always take our time and try to understand where they are coming from. We try to break that stigma. We know that one session is not enough to break down generational prejudices, so we do face a lot of backlash sometimes, but social media has really come to our aid now. Because everybody is already aware of what this community is all about. So now, we don’t have to explain what the community is, but why equality is important.”

On the question of changing behavior outside the Breaking Barriers, Sohini told the Blade she expected the backlash and when she was going around campaigning for the LGBTQ community at Tagore International School in New Delhi. Her parents curiously asked her to do a presentation for them.

“It is a taboo topic, people don’t want to engage with you. But I was personally surprised by how curious people around me were,” said Siddhi with a big smile on her face. “My parents, once were like oh you are going around, doing this presentation, so why don’t you do it for us? I think that was one of the toughest initial presentations for me because you sit down with your parents and you go through talking about sex and sexuality.” 

“It was really surprising in the beginning, even when we started doing presentations for teachers, I think teachers had a lot more questions than students in the beginning,” she added. “My friends were more willing to engage and then family, of course there are people who do not want to engage at all as well.”

A 15-year-old student at Delhi Public School in 2022 died by suicide after being bullied for his sexuality at school. The administration did not take any action, even though his mother filed a complaint. 

Vaanya said it is important to create a safe space for students at school in order to adequately respond to these concerns. She said administrators and teachers were very supportive.

“Ensuring kids that it’s okay to feel different, it’s okay for you to have a different sexuality or act differently is very important. We have created a safe space, people understand that you do not have to bully others for it and they do not have to hate others for it,” said Vaanya. “Nobody is hating someone for this or actively bullying someone for this. We have a very strict anti-bullying policy as well, so we have managed to create a safe space for everybody.”

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. 

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India’s Jharkhand state to create welfare board for LGBTQ community

Top official unveiled plans on Jan. 16

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(Image by Bigstock)

India’s mineral-rich Jharkhand state is ready to set up a welfare board for the LGBTQ community. 

Kripanand Jha, secretary of the state’s Women, Child Development and Social Security Department, on Jan. 16 told local reporters that work has begun to create the welfare board for the LGBTQ community in Jharkhand.Ā 

State government officials says the board will exclusively work toward the welfare of the community.Ā Jha said the board will soon be set up and activated under the chairmanship of the Chief Secretary at the state level.

“At district level, respective deputy commissioners will head the board,” he said. “A delegation of LGBTQ (people) in the past met us with this demand to work on issues concerning their welfare in a focused manner. Government has decided to work in that direction.”

Unlike otherĀ statesĀ in India that include Tamil Nadu, Kerala, Karnataka, Maharashtra, Gujarat, Rajasthan, Chandigarh, Uttar Pradesh, Bihar, West Bengal, Tripura and Mizoram, Jharkhand does not have a transgender-specific welfare board. The unavailability of trans welfare boards in the state has created serious problems for trans people who lack access to social security, education, housing, employment, health care and skills training programs.

Jharkhand’s government, the Jharkhand Mukti Morcha, the party that Chief MinisterĀ Hemant SorenĀ chairs, is in a coalition with the Indian National Congress, the national party that opposedĀ marriage equalityĀ in the Supreme Court.

Jharkhand has been the land of tribals, forests and minerals for centuries, yet the state is facing development issues. 

In some indigenous tribes of the state, such as the Ho tribe, homosexuality has been acceptable for years. 

Homosexual men are called “Kothi Panthis,” and there is no stigma attached to it. A 2001 report notes the Ho tribe’s population is approximately 700,000 and it is the fourth most numerous tribe in the state, but Jharkhand still has no welfare board to implement policies for the LGBTQ community. 

The state’s LGBTQ community has “Other Backward Caste II” or OBC II status. 

The Indian government uses OBC as the collective term to classify castes that are educationally and socially excluded from society and offers policies ā€” quotas in government jobs and education ā€” to bolster their position in society. Jha told the local media that Soren’s government is preparing an integrated plan from which the community will benefit.

“If the government is trying to set up an LGBTQ welfare board, I think is fantastic,” said Souvik Saha, an LGBTQ activist and founder ofĀ People for Change,Ā one of the premier organizations in Jharkhand. “It is a fabulous step if the government is serious about considering the community. In terms of understanding the problems of the community and looking beyond the understanding of transgender people.”Ā 

“Till now, the entire understanding of the community was limited to ‘T,’ the transgender people, and there was not much idea about what others stood for, even under the trans community, there was not much idea about intersectionality and how they impact,” added Saha. “So, if the government has said that it is a positive step and it is a welcoming step.”

While congratulating the Jharkhand government, Saha suggested the government should have consulted LGBTQ organizations in the decision-making process because they better understand the community’s situation. 

Saha told the Blade that if the government is working with the LGBTQ community, the upcoming board should work on issues that include awareness and education about the community in all government departments, schools, police, legal departments.

“They are not aware of the community as of now,” said Saha. “For them the entire understanding stops at transgender people because of the Transgender Protection Act, there is no separate act for LGBTQ people.” 

“The first investment the government should make is to make people aware of the entire spectrum of the community,” added Saha. “The challenges that the LGBTQ community faces in Jharkhand are multifold.”

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. 

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