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India prepares for marriage equality ruling

Supreme Court hearing to take place on April 18

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Indian flag (Photo by Rahul Sapra via Bigstock)

The world’s largest democracy is at the crossroad of monumental change. 

India’s more than 2.5 million LGBTQ and intersex people are looking at the country’s Supreme Court with great hopes because it will hold another hearing on marriage equality on April 18.

The five justices on March 13 heard the issue.

The Supreme Court last Dec. 14 asked the Indian government to respond to two petitions seeking aĀ transferĀ of marriage equality petitions before the Delhi High Court to itself. The government on March 12 filed a response to the Supreme Court.

The government opposed legal recognition of same-sex marriage and told the highest court that same-sex couples living together as partners and having a sexual relationship with the same sex individual, which is now decriminalized, is not comparable with Indian family unit ā€” a husband, a wife and a child born out of the union. The government also told the Supreme Court that same-sex marriage is not compatible with the Indian ethos and morality.

According to the response filed by the government in the high court, the institution of marriage is crucial in India. It provides a sense of safety, security and companionship for the members of society. It plays a crucial role in the rearing of children and impacts their upbringing. While objecting to same-sex marriage in India, the federal government said that marriage between a biological male and female fall under personal law or laws ā€” the Hindu Marriage Act of 1955, the Christian Marriage Act of 1872, the Parsi Marriage and Divorce Act of 1936, the Special Marriage Act of 1954 and the Foreign Marriage Act of 1969.

The April 18 hearing will be live telecast on theĀ Supreme Court’sĀ website andĀ YouTube.

“The Indian Constitution gives equal rights to everybody. You cannot differentiate based on the gender of the people. Whether it’s the transgender rights bill or abrogation of section 377, everyone has recognized the presence of the LGBTQ community,” said Vijay Nair ofĀ Udaan Trust, an organization based in Mumbai. “How can you discriminate just based on male or female? The constitution does not discriminate based on gender, but the people running the constitution are now doing that, which is very unethical.”

Nair, while talking with the Washington Blade, said that he has faith in the Supreme Court as the court will give the verdict based on justice prevailing for anyone in the society, whether it is positive or negative or neutral, the court will deliver justice and will treat everyone equally.

Law and Justice Minister Kiran Rijiju, while appearing onĀ India Today Conclave, a news TV program that invites experts, politicians and think tanks to discuss different issues in the country, on March 18 said Parliament must debate same-sex marriage and draft a law because it has representatives from across the country. Rijiju suggested that the Supreme Court could later change the status if it finds the decision against the spirit of the constitution.

Nair, while reacting to Rijiju’s statement, told the Blade that it is always good to take people on board because it should be a consultative process. 

“People should not be unaware of things and it is always good to have people’s consultation,” said Nair. “We are okay with the process.”

Sadam Hanjabam, founder ofĀ Ya_all, an LGBTQ and intersex rights organization based in Manipur, told the Blade the government still looks at the family from the angle of male and female.

“If we look into the judgment of section 377, where it was said that homosexuals were criminal. But again, the judgment conflicts this time when saying two people who love each other must be a man and a woman. The government needs to reconsider the fact from the point of human beings rather than just gender,” said Hanjabam. “It is a very long route going through the Parliament as tried earlier. Many of the members of Parliament are unaware of this issue. So even if it is discussed or brought up in the Parliament, it is a new issue to them, and it is not an important issue to them. So, the best way is to go to the Supreme Court because it was the Supreme Court who removed section 377.”

The Supreme Court in 2018 struck down Section 377, a colonial-era law that criminalized homosexuality in India.

While there is a wide discussion going on in the country on same-sex marriage, a group of former judges on March 24 publicly opposed marriage equality.

“We respectfully urge the conscious members of the society including those who are pursuing the issue of same-sex marriage In Supreme Court to refrain from doing so in the best interest of Indian society and culture,” reads the statement. “The marriage, as well as the family system in India, is sui generis. In our humble opinion, legalizing same-sex marriage will strike at the very root of the family system and thus will have a devastating impact on society at large.”

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

India broadcast authority asks TV station to delete video deemed offensive to LGBTQ community

Activist Indrajeet Ghorpad filed complaint

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(YouTube screenshot)

India’s News Broadcasting and Digital Standards Authority on Feb. 28 asked a television stationĀ to delete a video that contained objectionable remarks against the LGBTQ community.Ā 

TheĀ India TodayĀ video report’s headline was “Nudity sparks outrage at USA Pride parades: How India’s LGBTQ+ lead responsibly.”Ā The clip reportedly contained factual inaccuracies, spread fear and demonized the LGBTQ community.

NBDSA has asked India Today to remove all hyperlinks to the video from every one of its platforms.Ā The regulatory agency has issuedĀ guidelinesĀ for broadcasters about the LGBTQ community and asked to circulate it among all its editors and members. The broadcasting authority announced the directives after hearing a complaint thatĀ Indrajeet Ghorpad, an LGBTQ rights activist, filed.

Ghorpad said the program did not comply with the principles of “accuracy, neutrality, objectivity, good taste, decency and others.”Ā Ghorpad also said it portrayed Pride parades in the U.S. in a negative light and unfavorably compared them with India’s LGBTQ community.

The NBDSA had received several complaints on the community’s portrayal. It issued five guidelines to sensitize and bring objectivity when covering the LGBTQ community in India, apart from the existing code of ethics and broadcasting standards.

The NBDSA on March 1 issued guidelines on how to report on issues faced by the LGBTQ community with accuracy, objectivity and sensitivity, and further said that non-sensitive and inaccurate reporting regarding the community has serious social repercussions.

The guidelines say “reporting should not sensationalize or create panic, distress or undue fear among viewers.” They also state broadcasters must avoid broadcasting any news that sensationalizes the issues related to the LGBTQ community, perpetuates stereotypes or creates fear in respect of the community.

The recommendations say broadcasters should refrain from using any expression or slur that may be construed as “hate speech” against the LGBTQ community. They also note broadcasters while covering any issue concerning the LGBTQ community must ensure their reporting does not promote homophobia or transphobia, or negative stereotypes about the LGBTQ community.

The guidelines say broadcasters must respect the privacy of LGBTQ people and not disclose personal information, including gender identity or sexual orientation of a person without their consent. The guidelines further state broadcasters should use inclusive and gender-neutral language, and respect the individuals’ preferred pronouns and names. Broadcasters, according to the guidelines, must strive for diverse representation in their coverage of the LGBTQ community and ensure voices from different segments of the LGBTQ community are provided a platform to express their views.

The incident is not a first Indian media. 

TV9 Telugu, a Telugu language television station, in 2011 did a sting operation on LGBTQ members of a gay dating site, over which the news channel faced the community’s wrath in Mumbai, India’s financial capital. The channel at that time broadcasted the operation all over the country and released profiles and pictures of the site’s users. 

The LGBTQ community protested outside the channel’s office in Mumbai by wearing condoms on their middle fingers.

NBDSA in April 2022 sanctioned TV9 Telugu,Ā andĀ Sakshi TV, another Telugu-language 24-hour news channel, for sensationalizing a police raid in Hyderabad after neighbors complained of loud noise. The two channels broadcasted visuals of the party and individuals attending it, violating privacy and highlighting their sexual orientation without their consent.

Negha Shahin, a transgender Indian actress, told the Washington Blade that social media today has become an unsafe, toxic and hate-spreading tool with regards to trans and queer people.

“Mocking LGBTQIA+ folks is becoming a new trend. Content creators are creating content against queer folks, dangerous things are getting attention and triggering homophobia and transphobia,” said Shahin. “Meanwhile TV media like India Today is playing major part and considered as responsible news network. If they did not follow the guidelines then how will the society will follow? Journalists, politicians, actors, police, lawyers whoever addressing issues related to (the) minorityĀ communityĀ in India, should mind the glossary. They cannot be transphobic or homophobic. They cannot oppress, misgender, following stereotypes and creating false statement or news in the media.”

Shahin said news channels in India that do not following the guidelines are showing their hatred against the LGBTQ community. She said these incidents remind everyone that uprooting stereotypes and homophobia from society in every form is important.

Harish Iyer, a prominent equal rights activist in India, told the Blade that accepting different sexuality is not a Western or Indian concept, but rather a scientific one that cuts across geographies and sex.

“If channels are broadcasting this, they are not doing against gender or sexuality but against science and humanity,” said Iyer. “More than expunging and deleting the video, the corrective actions like watchdogs will ensure corrective actions are required. The guidelines are in sync with what the Supreme Court of India and the Constitution of India stand for. With a name like India Today, they stand against the very tenet of Indianism which is enshrined in the constitution that provides equal opportunity and equal protection of the law against any discrimination regardless of gender and sexuality, so I think, India Today, should not have the India in their name because that goes against the tenet of Indian constitution and the Supreme Court’s verdict as well. There should be something mandatory for the news channels, and not just the guidelines.”

India Today did not respond to the Blade’s multiple requests for comment.

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 court allows transgender woman to participate in Armed Forces’ youth wing

Feb. 29 ruling in Kerala state upheld other judge’s decision

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(Photo by Rahul Sapra via Bigstock)

A Kerala High Court judge on Feb. 29 upheld another magistrate’s ruling that allowed a transgender woman to participate in the Indian Armed Forces’ youth wing as a female.

The High Court set aside a part of the order that directed the central government to amend the NCC Act to allow trans people to enroll based on their gender identity.

“When the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC under section 6(2) of the NCC Act,” said Justice Anu Sivaraman. “In the light of the aforesaid provisions of the Transgenders Act and also in the light of the dictum laid down by the Apex Court in National Legal Service Authority (NALSA).” 

The judge said that the court cannot direct the government to amend the law, but expressed hope that the Indian government would amend the NCC Act to expressly allow the entry of trans candidates to the NCC.

The Kerala High Court said that the fact that the National Cadet Corps Act does not recognize the third gender cannot be a reasonable justification to deny entry to a trans person.

Hina Haneefa had filed a petition with the High Court that challenged a section of the NCC Act that only allowed males and females under Section 6 of the law to enroll in the Cadet Corps.

“In view of the specific provisions of the 2019 act, a transgender person has the right to be recognized not only as a transgender but also a right to self-perceived gender, i.e. the female gender,” said Sivaraman. “The denial of enrollment is unsustainable. The petitioner will be entitled to participate in the selection process on the basis of her application. If she is successful, the petitioner will be enrolled in the NCC Unit.”

Haneefa is a trans woman who applied to enroll in the NCC after undergoing gender-affirming procedures and getting her identity card. The NCC denied her application. 

Parliament in 2019 passed Transgender Persons (Protection of Rights) Act of 2019, which extended rights to trans people.  

While talking with the Washington Blade, Kalki Subramaniam, an Indian trans activist, queer artist, entrepreneur and actor, said trans people in the country have to fight for the inclusion of trans people in all sectors.

“We have to go to the court, we have to fight with the system, then the high court directs the state and the central government to take inclusive steps. Again and again, repetitive,” said Subramaniam. “Why should trans people should struggle for everything? I am sure, the central government is working towards equality and inclusion because they recently published Equal Opportunity Policy for Transgender Persons. The government will consider this to include trans people in NCC. What I am looking for is the inclusion of transgender people in the Indian military. That could be a long term plan, but it is possible and ultimately rests in the government’s hands.”

Subramaniam expressed her firm belief that all Indian citizens, including members of the trans community, deserve the opportunity to serve the country. She emphasized the potential of trans individuals to contribute to national defense and public service, highlighting both the military and civil services as avenues for their inclusion. Subramaniam voiced her confidence in the central government of India’s willingness to address this issue and expressed hope for future action.

Souvik Saha, an LGBTQ activist and founder of People for Change, one of India’s premier advocacy groups, said he supports the Kerala High Court ruling.

“This decision is a significant step towards inclusivity and recognizing the rights of transgender individuals to participate fully in all aspects of society,” said Saha. “The NCC Act currently only allows for the enrollment of male and female cadets, which is discriminatory against transgender individuals and reinforces harmful binary gender norms. By ordering the central government to amend the NCC Act to accommodate transgender individuals, the Kerala High Court is acknowledging the need for legal protections and equal opportunities for all genders.”

Saha said the decision will set a positive precedent for other institutions and organizations to follow suit in recognizing and accommodating trans people. Souvik added it sends a clear message that discrimination based on gender identity is not acceptable and that trans people have the right to equal opportunities and access to resources.

“Moreover, allowing transgender individuals to enroll in the NCC provides them with valuable opportunities for personal development, leadership training, and civic engagement,” he said. “By participating in programs like the NCC, transgender individuals can gain skill, confidence, and a sense of belonging, which are essential for their overall well-being and success.”

“Overall, the Kerala High Court’s decision to allow a transgender woman to enroll in the NCC is a significant victory for LGBTQ rights and a crucial step towards creating a more inclusive and equitable society,” he added. “It is imperative that the central government swiftly amends the NCC Act to ensure that transgender individuals are not excluded or discriminated against based on their gender identity.”

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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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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