India
India to consider reforms to country’s Uniform Civil Code
Supreme Court earlier this year heard marriage equality case
The Indian Supreme Court in 2018 decriminalized homosexuality in a landmark ruling, but same-sex marriage remains illegal in the country.
The country’s LGBTQ and intersex community has nevertheless continued to fight for marriage equality, and a ray of hope came from India’s highest court in 2022. The Supreme Court agreed to hear a marriage equality case, and the justices in AprilĀ heard oral arguments in it.Ā A ruling is still pending, but a debate over the country’s Uniform Civil Code has already begun.
The Uniform Civil Code would bring uniformity of civil union laws, regardless of sex or religion in the country.
India since it gained independence from the U.K. in 1947 has allowed people from different religions to follow different personal law on marriage, divorce, alimony and child custody. Under the Hindu Marriage Act, for example, if a Hindu couple wants a divorce, there will be a six-month waiting period before the court dissolves the marriage. If a Christian couple wants a divorce, the court will dissolve the marriage only after a judicial separation of two years. Muslims in India follow the Muslim Personal Law for marriage, divorce and custody of children.
The Indian government has decided to introduce a Uniform Civil Code to end discrimination in personal laws. The law would bring uniformity for civil unions across the nation, regardless of gender or religion. Uttarakhand, a northern Indian state, is the first state to draft the Uniform Civil Code. The Uttarakhand government has formed a 5-member expert committee that former Supreme Court Judge Ranjana Prakash Desai chairs for the implementation of the Uniform Civil Code.
The draft has created a ray of hope for India’s LGBTQ and intersex community becauseĀ DesaiĀ recently told reporters the draft is ready and the panel has considered LGBTQ rights in the draft. Desai did not specify about the kind of rights that the panel considered.
“As far as I understand UCC, this is not only about equitable and fair and do discriminate on the grounds of sex, gender and sexuality,” said Bhanu Kumar, an event manager forĀ LGBTQ BiharĀ and works to improve the livelihoods of LGBTQ and intersex people. “According to the draft, it’s also mentions every child, whether adopted or biological, will have an equal share in a deceased parentās property, irrespective of gender, religion or sexual orientation, which is somehow going to change society, and peer pressure of society given on parent of LGBTQIA+ child,Ā for disowning them. After such kind of law now only acceptance will get raised. Somehow divorce and house valiance will get decreased.”
While talking to the Washington Blade, Kumar said he believes the government will bring same-sex marriage under the Uniform Civil Code. He said the law would not only provide legal recognition and protection for LGBTQ and intersex couples, but also promote greater social acceptance and reduce discrimination against the community.
Souvik Saha, co-founder of Jamshedpur Queer Circle and People for Change, told the Blade the development of a Uniform Civil Code in Uttarakhand is an important step towards equality and inclusivity. He said the Uniform Civil Code aims to replace diverse personal laws based on religious practices with a single set of laws that govern various civil matters for all citizens of India.
“This move, if implemented thoughtfully and inclusively, has the potential to address long-standing issues faced by the LGBTQ community in the country,” said Saha. “Historically, India’s legal framework has been fragmented, with different personal laws applying to different religious communities. This has often resulted in disparities and discrimination, especially against marginalized groups, including the LGBTQ community. By drafting a UCC that considers LGBTQ rights, Uttarakhand shows a progressive approach toward recognizing the existence and rights of LGBTQ individuals.”
While recognizing the efforts of the Uttarakhand government on uniformity of laws for civil unions, Saha said the true impact of the Uniform Civil Code on LGBTQ and intersex rights would depend on the nature of the provisions included in the final law. He suggested the drafting panel takes a comprehensive and inclusive approach, addressing marriage equality, inheritance rights, adoption rights nondiscrimination protections and other issues.
“As an organization advocating for LGBTQ rights, we would appreciate the positive step taken by the drafting panel while also acknowledging the challenges ahead. Our focus would be on pushing for a comprehensive UCC that goes beyond the token inclusion of LGBTQ rights to ensure substantive equality and protection in all aspects of life,” said Saha. “There is factual data and real stories of LGBTQ individuals who have faced discrimination under the existing legal framework. Lack of recognition of same-sex relationships has led to issues such as denial of inheritance, lack of access to healthcare benefits, and difficulties in obtaining legal documentation. Recognizing LGBTQ rights in the UCC is not about imposing a particular lifestyle on anyone, but rather about ensuring that all citizens have equal access to their fundamental rights and legal protections.”
According to the sources of Asian News International, a news agency in India, Uttarakhand’s Uniform Civil Code will be the template for the federal Uniform Civil Code.
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 mohitk@opiniondaily.news. He is on Twitter at @mohitkopinion.
India
Climate change leaves transgender Indians even more vulnerable
Disaster response programs do not take trans community’s needs into account
Climate change is real, impacting everyone around the world, and India remains at the forefront of its effects.
Changing weather patterns cause food insecurity, hitting vulnerable communities the hardest. The transgender community in particular suffers disproportionately, as their already limited access to resources worsens in times of crisis.
As India battles climate change, the struggle for survival and dignity intensifies for those most marginalized.
In India, LGBTQ people, particularly the trans community, frequently face family conflict that leads to forced displacement that is often accompanied by violence or the threat of violence. Many trans people, as a result, become homeless, frequently finding themselves in low-lying areas that are prone to frequent flooding, further exacerbating their vulnerability.
Many trans Indians are involved in sex work or rely on begging in public spaces that include streets, or on trains and busses. Their means of survival are disproportionately affected, often more severely than other communities, during floods, heatwaves, and other climate change-induced events.
Trans Indians involved in begging are particularly vulnerable, often working in the heat or heavy rain without access to basic facilities. They often have no choice but to continue working to survive, despite the toll on their mental and physical health.
The Council on Energy, Environment, and Water, a policy research institute in India, has identified Assam, Andhra Pradesh, Maharashtra, Karnataka, and Bihar states as highly vulnerable to extreme climate crises. Andhra Pradesh, Maharashtra, Bihar, and Uttar Pradesh also have relatively high populations of trans people.
Many of them, particularly those with HIV or are undergoing hormonal treatments, face additional health risks. Extreme temperatures, which India experiences annually, can negatively affect their treatments and overall well-being.
The U.N. says climate change disproportionately affects the poorest and most vulnerable, worsening existing inequalities.
Efforts to improve the trans community’s well-being include the World Health Organization’s development of guidelines aimed at enhancing trans health, providing evidence-based recommendations, and implementation guidance for health sector interventions.
Marginalized communities, including trans people, faced heightened challenges during the 2015 Chennai floods due to limited access to relief and rehabilitation efforts. Many were forced into unsafe shelters and lacked access to food, medical supplies, and other essential services. The informal economy on which many trans people rely for survival was also severely disrupted during the crisis.
Trans people were also among the hardest hit during the 2018 Kerala floods.
They faced discrimination in relief camps where some were denied access to shelter and sanitary facilities. NGOs and activists highlighted the lack of sensitivity in disaster management policies toward the trans community, prompting increased discussions about addressing trans-specific needs in disaster response frameworks.
The climate change-induced floods in Assam in 2020 also placed trans individuals in vulnerable situations. Many of them struggled to access government relief measures because of societal stigma, and, in many cases, a lack of legal recognition.
The floods displaced hundreds of thousands of people, and trans people were often overlooked in the distribution of relief aid.
Although there is no specific data available for India’s trans community, heat waves this year caused more than 700 deaths nationwide, significantly higher than the official government count of 360 facilities.
Activists in India have raised concerns about the challenges faced by the trans community during climate change-induced disasters.
The Indo-Global Social Service Society, an NGO focused on eliminating social inequality, said the trans community during disasters experiences disruptions in their normal coping mechanisms. Trans people often become displaced or are relocated to areas where they lose connection with their existing support networks, forcing them to cope with the disaster’s aftermath in isolation.
The IGSSS report also highlights the low priority given to trans people during rescue, relief, and rehabilitation efforts.
It notes disaster assessment forms typically categorize gender as only male or female, which fails to capture the specific needs and experiences of trans people. This exclusion hampers effective planning and delivery of relief efforts. Trans people who have undergone gender-conformation surgery may also face aggravated health problems during disasters: More infections, urinary tract issues, and other medical complications.
The report also indicates shelters are often not conducive for trans people, who frequently face discrimination and a lack of acceptance. These facilities typically have separate toilets for men and women but lack gender-neutral facilities, leading to verbal abuse and threats when trans people attempt to use any restroom.
Governments should ‘create more tailored’ disaster relief policies
Nepal’s trans community also faces the same challenges from climate change that their Indian counterparts.
Devastating floods that swept across Nepal on Sept. 26 left approximately 219 people dead. Flooding and landslides displaced 12,000 families.
While there is no specific data on how many trans people this disaster directly impacted, the Nepali trans community’s experiences mirror those their Indian peers have faced during similar crises. The lack of targeted support and recognition of their unique needs in disaster response underscores the ongoing vulnerabilities both communities endure in the face of climate change.
The Washington Blade reached out to the Queer Youth Group, an LGBTQ organization in Nepal.
Nanboong, the group’s communication officer, said that while climate change affects the LGBTQ community in Nepal as it does other groups, its impact is particularly pronounced among trans people.
“The government should create more tailored policies addressing the specific needs of LGBTQIA people in relation to climate change, and they need to do more to ensure these communities are adequately supported during climate-related disasters,” said Nanboong.
The Blade also reached out to Kalki Subramaniam, a trans activist, queer artist, and actor who is a member of India’s National Transgender Council.Ā
She explained that many LGBTQ people face rejection from their families, making them vulnerable to being forced out of their homes. This lack of familial support, coupled with limited access to housing and employment, leads to significant mental and physical health challenges.
Subramaniam noted queer people often struggle with acceptance in both the job market and housing. She added trans people, particularly those who drop out of school, are frequently pushed into Chennai’s slums.Ā
“Many of my friends from the transgender community live in low-lying areas near the sea and highly polluted rivers,” said Subramaniam. “In these areas, they are somewhat accepted because others living there are also marginalized. However, during floods and heavy rains, their livelihoods get washed away.”
“Their homes are also destroyed,” she added. “I have a friend named Kartika, who used to beg on trains and in market areas. She wanted to start a business and opened a small idli (a traditional South Indian breakfast cake made from fermented rice and lentil batter) shop near the slum. Unfortunately, after just two months, her shop was completely washed away during the rains, with garbage piling up because of the flooding.”
Subramaniam told the Blade that Kartika, after losing her idli shop to the floods, was unable to recover from the setback and returned to begging. She lacked the necessary infrastructure and motivation to restart her business.
“The government should create policies that are more sustainable for the transgender community,” said Subramaniam. “Due to the lack of support and employment opportunities, transgender individuals are also victimized by climate change.”Ā
“On one hand, the government should focus on providing economic benefits, while at the same time, it should consider our community when framing climate change policies,” she added. “This should include how transgender people are treated during disasters.”
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.
India
New Indian medical curriculum excludes guidelines for transgender patients
WPATH has called for global authorities to suspend national commission
India’s National Medical Commission has introduced an undergraduate curriculum that does not include protections for transgender individuals and people with disabilities.
The National Medical Commission on Aug. 31 released the Competency-Based Medical Education (CBME) Curriculum 2024, scheduled for implementation in the 2024-2025 academic year. The curriculum sparked controversy by introducing “sodomy and lesbianism” as unnatural sexual offenses in undergraduate programs, prompting two international organizations to threaten to seek the suspension of the National Medical Commission over the issue.
The International Council for Disability Inclusion in Medical Education and the World Professional Association for Transgender Health (WPATH) have called for global authorities to temporarily suspend the National Medical Commission’s recognition by global authorities. The two organizations claim the new curriculum violates exiting laws that protect the rights of people with disabilities and LGBTQ individuals.
The National Medical Commission reintroduced several regressive ideas regarding the LGBTQ community, with a complete omission of transgender rights that contradicts Supreme Court guidelines and previous regulations. Leaders from the disability and trans communities wrote a letter to Union Minister of Social Justice and Empowerment Virendra Kumar in which they criticized the curriculum.
The revised curriculum removed key disability competencies and critical components related to trans health.
On Sept. 5, as India observed Teacher’s Day, the National Medical Commission temporarily withdrew the guidelines, only to reintroduce them on Sept. 12 without addressing the controversial sections. Terms, such as “dignity” and “transgender,” were notably absent from the 466-page document.
The revised curriculum allocates eight hours to sports but no longer mandates the previously required seven hours for disability training. It uses terms such as “gender identity disorders” and refers to intersex people as “abnormalities,” retaining language from earlier medical perspectives.
The revised curriculum no longer classifies sodomy and consensual same-sex sexual relations between women as “unnatural sexual offenses.” The earlier version, however, included descriptions cross-dressing as a form of sexual perversion. It also categorized a range of behaviors ā including voyeurism, exhibitionism, sadism, and masochism ā together with necrophagia (the consumption of the dead) and necrophilia (sexual attraction to corpses) under a single category.
The earlier version did not include LGBTQ-inclusive language.
The revised curriculum includes education on topics that include informed consent for sexual intercourse, the history of gender and sexuality-based identities, and the legal background surrounding the decriminalization of adultery and consensual same-sex relationships. It also introduces lessons on paraphilia and paraphilic disorders, covering a range of atypical sexual fantasies and behaviors.
The National Medical Commission has not provided a specific explanation for including outdated concepts in the curriculum. Senior officials have, however, attributed the changes to an unintentional oversight, stating it was an error that led to portions of the 2022 curriculum being mistakenly reintroduced.
The National Medical Commission in 2022 updated six modules in forensic medicine and psychiatry to reflect societal and legal changes. These amendments included the decriminalization of consensual same-sex relationships. They aimed to educate students on informed consent and, within psychiatry, to address the spectrum of gender and sexual orientations.
The curriculum was designed to prepare students to manage issues, such as gender dysphoria, intersex conditions, and sexual dysfunctions. These changes were based on recommendations from an expert committee formed under a Madras High Court ruling in a case involving a lesbian couple whose parents opposed their relationship, leading to a police complaint about their alleged disappearance.
The Madras High Court ruling noted queerphobia was being incorporated into the education of future doctors.
The 2022 changes were seen as essential for the daily practice of medical professionals, as misinformation about consensual same-sex sexual relationships could result in some patients receiving inadequate care and treatment.
While the revised curriculum released on Sept. 12 does not include references to trans rights, the Transgender Persons (Protection of Rights) Act of 2019 explicitly requires medical colleges to incorporate trans health and develop health manuals for gender confirmation surgeries. The revised curriculum, however, does not reflect current standards of inclusivity and care.
Ankit Bhuptani, an LGBTQ rights activist and founder of the Queer Hindu Alliance, during an interview with the Washington Blade expressed disappointment over the new curriculum.
“It is not just about the NALSA judgment, but also the current government has been very actively talking about trans rights throughout their policy and their various programs,” said Bhuptani. “So, it’s quite surprising that it was not included and the government should have been more mindful. I hope, they rectify the error that was done earlier in terms of lesbians and other elements which were problematic.”
Bhuptani also told the Blade the current government is open to receiving suggestions from the LGBTQ community.
“The government has met a few community members already, and I was one of them,” noted Bhuptani. “After the meeting, we requested that the community need to be consulted for larger LGBTQ rights. They have given their email IDs publicly so that where general public can send suggestions. So, I hope the community members who are raising these issues, will reach out and take this ahead as well.”
Bhuptani said he plans to raise the issue with the government.
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.Ā
India
Anti-transgender discrimination, violence in India persists
2019 trans rights law has done little to curb problem
In the vast expanse of India, a land steeped in ancient wisdom and culture, where the echoes of tradition sing of respect for all beings, there exists a paradox. Transgender people, known as hijras, for millennia have been woven into the fabric of society, acknowledged, even revered. Yet today, this same community stands on the precipice of suffering, their dignity bruised, their existence imperiled.
Despite the Supreme Court rulings and the Transgender Persons (Protection of Rights) Act of 2019, discrimination festers and crimes against trans people continue to rise unchecked.
The 2019 law, once a beacon of hope, now seems a faint whisper amid societal prejudice. India, for all its storied past, must reckon with the reality that its ancient recognition means little if the present offers only misery.
The figures, as the National Crime Record Bureau presents, suggest a seemingly low rate of crime against trans people. At a glance, one might draw comfort from these numbers, imagining progress in a society long burdened by prejudice. But beneath this veneer lies a graver truth: Activists, ever watchful and weary, suspect gross underreporting. The numbers, it seems, tell only half the story.
In the sprawling ledger of tragedy that is the Crimes in India: 2022 report, the NCRB lists 29,356 souls lost to murder, and only nine of these were trans people. A mere number on a page, some might say. But this figure, far from reassuring, is chilling in its implication.
Among the grim tally of 110,140 cases of adult kidnapping and abduction, only one trans victim emerges from the records ā a stark and haunting singularity. The NCRB reports no instances of rape, sexual assault, or mob lynching involving trans people. This absence is, however, not a triumph, but a troubling silence. It raises the question: Do these crimes not occur, or do they vanish from the pages of the records? The silence of statistics can be as deafening as the violence they fail to capture.
Another NCRB report lists only 236 trans people as victims of rape ā an astonishingly low figure in a landscape where so much remains hidden. The report does not include any cases of rape, nor the heinous crimes of buying or selling minors for prostitution, in which trans people were victims. The true scale of suffering, it seems, remains buried beneath a system that fails to recognize or record their plight fully.
Parliament passed trans rights law in 2019
Parliament on Nov. 26, 2019, took what seemed a bold step towards justice when it passed the Transgender Persons (Protection of Rights) Bill.
The law, as written, promised protection and welfare for India’s trans community, declaring that crimes against them that range from forced labor, to denial of access to public spaces, and even removal from households and villages, would not be tolerated. The law also acknowledged physical, sexual, verbal, emotional, or economic abuse as offenses.
Penalties for these offenses ā forced labor, denial of rights, or various forms of abuse ā under the law are modest at best, ranging from six months to two years’ imprisonment, along with a fine.
India in recent years has seen a disturbing rise in cases of mob lynching against trans persons. One such tragic incident occurred on Feb. 13, 2024. Raju, a 50-year-old trans person from Telangana state’s Nizamabad district, fell victim to brutal mob violence after a false rumor of child kidnapping swept through their village ā a village they had called home.
Raju, a cattle herder and beggar, was simply trying to make ends meet when the mob, blinded by fear and ignorance, turned on them.
Authorities would later clear Rajuās name, confirming they had no involvement in any such crimes. But the truth came too late. Raju had succumbed to their injuries by the time they reached the local hospital, a life senselessly lost to hysteria and hatred.
A similar tragedy unfolded in Hyderabad in 2018.
Rumors of child kidnapping and burglary sparked fear and suspicion, culminating in a brutal attack on a group of trans people. One was killed, and another severely injured as the mob, driven by unfounded accusations, unleashed their violence.
A group of Kanwariyas, devotees of Lord Shiva on a sacred pilgrimage, on July 29 brutally beat a trans woman in Uttar Pradesh state and ripped her clothes off after they wrongly suspected her of theft. The womanās fate seemed sealed as the mob grew angrier, but authorities intervened in time. They rescued her and brought her to a police station. Authorities confirmed what the frenzy of the mob had failed to see: She was not a thief, merely another victim of suspicion and violence.
A group of trans women on Aug. 16 set out for RG Kar Medical College to join a protest against the West Bengal government, outraged by the gang rape of a trainee doctor at the hospital. Their journey, however, took a dark turn at the Rabindra Sadan metro station.
One of the trans women alleged a Railway Protection Force officer, under the pretense of “checking” her gender, groped her. The group later filed a case against him, exposing yet another instance of indignity faced by trans people in public spaces where even their very identity is subject to humiliating scrutiny.
Report: 92 percent of trans people have faced physical or verbal abuse
Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization working on a grassroots level to bridge the gap by conducting sensitization workshops with law enforcement agencies and local communities to foster greater understanding and inclusivity, highlighted to the Washington Blade the severe challenges that trans people in Jharkhand state and across India face.
He noted trans people often encounter hostility, harassment, and dismissive attitudes from the police when they try to file First Information Reports. Shah said the crux of the problem lays in the lack of sensitization and awareness within the police force regarding trans identities. This systemic issue not only discourages the community from seeking justice but also perpetuates the cycle of abuse and marginalization they endure.
“As the founder of Jamshedpur Queer Circle, we have witnessed firsthand the systemic discrimination faced by transgender individuals, particularly when they attempt to interact with law enforcement,” said Saha.
“A report by the National Human Rights Commission (NHRC) in 2018 highlights that 92 percent of transgender individuals have faced physical or verbal abuse, often by law enforcement officials themselves,” he added. “Many police stations lack gender sensitization programs that could foster respect and professionalism when interacting with LGBTQ individuals. As a result, transgender individuals are deterred from seeking justice, and crimes against them often go unreported or uninvestigated.”
Saha highlighted a particularly troubling case involving a trans woman in Jharkhand who officers relentlessly mocked when she attempted to file a domestic violence complaint at a local police station. Saha said her ordeal is a glaring example of how law enforcement practices not only fail to protect trans people but actively alienate and further victimize them.
Saha remarked that NCRB data showing 236 trans victims without any registered cases is both alarming and unsurprising. He emphasized this statistic starkly reflects the deep-seated systemic issues that prevent trans individuals from accessing justice.
Saha added the barriers to reporting crimes, combined with a lack of trust in law enforcement, create an environment where many victims remain unheard of and their cases unrecorded.
“While the Supreme Court’s NALSA judgment in 2014 and the subsequent Transgender Persons (Protection of Rights) Act, 2019, were landmark decisions for the transgender community, the reality on the ground tells a different story,” he said. “Despite these legal protections, violence against transgender individuals persists due to deeply ingrained social prejudices, lack of awareness, and failure in the implementation of these laws.”
Saha added one “of the biggest issues is the gap between policy and practice. Although the law mandates the protection of transgender individuals, societal attitudes are slow to change.”
He pointed to a 2018 International Commission of Jurists study that notes 73 percent of trans people said they have experienced violence from family members, while 47 percent faced physical assault from members of the public.
“Even though the legal framework exists, enforcement agencies and local administrations often lack the willingness or training to implement it effectively,” said Saha.
He told the Blade that his organization has encountered numerous cases where authorities did not respond to trans people who faced mob violence or domestic abuse. Saha emphasized societal stigma and deep-rooted biases, reinforced by inadequate law enforcement, contribute to ongoing violence and discrimination against the transgender community.
“As a society, we need more awareness campaigns, stricter enforcement mechanisms, and a cultural shift to create an environment where transgender individuals feel safe and respected,” he said.
Without these changes, he warned, the cycle of marginalization will persist.
Kalki Subramaniam, a trans activist, queer artist and actor who is a member of the National Transgender Council, during an interview with the Blade discussed the mistreatment of trans people in police stations across India.
She said law enforcement often do not treat trans people with dignity.
“When a trans woman is raped, her FIR is almost never registered,” added Subramaniam. “That could be because the police are not sensitized enough about transgender people around the country.”
“Across the country, the situation is the same,” she told the Blade. “Even though there are lots of changes legally, police personnel need to be sensitized on a wider network. A few states have done some work, but the majority of Indian states have not.”
Subramaniam in response to the reported number of trans rape victims expressed deep shock, emphasizing violence against the trans community is widespread across India. She pointed out the figures only represent documented cases, while hundreds of crimes ā particularly violence and rape ā remain unreported and undocumented.
Subramaniam highlighted the persistent stereotyping of trans individuals, adding only extensive government-led sensitization programs can undo it.
“As a member of the National Transgender Council under the Ministry of Social Justice, I have already emphasized in meetings that all ministries and departments must be sensitized on transgender rights and issues,” said Subramaniam. “Once again, I will talk about the rape issue in the meeting in the ministry.”
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.Ā
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