A Manifesto for Trans Inclusion in the Indian Workplace BY NAYANIKA NAMBIAR WITH PARMESH SHAHANI December 2018 Research & text: Nayanika Nambiar with Parmesh Shahani Design: Mukta Pai Special thanks: Nisaba Godrej, all our wonderful colleagues at the Culture Lab and Godrej at large especially the D&I, Corporate Communication and GCPL Design teams; and to all those we interviewed for this paper and who shared their thoughts and resources with us so generously 2 Table of Contents I) Introduction and scope of this paper..................................................................................5 II) A manifesto for trans inclusion in the Indian workplace................................................9 PART 1: BACKGROUND: CULTURE, STATE, SOCIETY AND THE LAW................................9 a. What is trans – meaning and cultural background in India.................................................10 b. Legal and social context................................................................................................................13 c. Work on trans inclusion at the state level across India........................................................17 PART 2: THE BUSINESS CASE FOR LGBTQ INCLUSION AT INDIAN COMPANIES...........................................................................................................21 a. LGBTQ inclusion can make you money.....................................................................................22 b. Innovation and talent are found in inclusive workplaces....................................................23 c. LGBTQ messaging helps you improve your PR and keep up with millennials..............27 PART 3: TRANS INCLUSION AND OUR RECOMMENDED STRATEGY...............................35 PART 4: CASE STUDIES AND RESOURCES YOU CAN USE................................................57 a. Kochi Metro.......................................................................................................................................58 b. VLCC....................................................................................................................................................59 c. Lalit Hotels.........................................................................................................................................59 d. Tata Steel ........................................................................................................................................... 61 e. Thoughtworks...................................................................................................................................62 f. Third Eye Cafe...................................................................................................................................64 Acknowledgements...................................................................................................................71 References.................................................................................................................................72 Appendices................................................................................................................................80 Annexures..................................................................................................................................84 3 4 The launch of the United Nations Standards of Conduct for Business in tackling discrimination against lesbian, gay, bi, trans and intersex (LGBTI) people, at the Godrej headquarters in Vikhroli, Mumbai (2017). Introduction and scope of the paper “Inclusivity does mean innovation. The more inclusive you are, the more debates you can have, the less hierarchy you have, the faster it is to recover from failure… If you say everyone should ‘talk like me, look like me, be like me, have the same background as me’ – I don’t think that would work well for companies.” -NISABA GODREJ Chairperson of Godrej Consumer Products Ltd. This paper aims to bring to light the position and circumstances of trans people in Indian society and how corporate India can take action. While it is important to bring about change, the paper does not dwell only on the social need for transformation, but also provides a strong business case for adopting LGBTQ friendly policies and branding. The final section of the paper details a simple strategy which can be easily adopted in all companies in India for trans inclusion. There are companies already doing great work in this area. This paper takes the best practices from them and breaks down methods in which inclusive policies can be implemented by others. 5 Being inclusive will prove to be beneficial within Godrej and with those who follow for any stakeholder that chooses to our work - we thought this paper would embark on this journey. Our paper outlines serve as a useful toolkit for anyone that just some of these benefits: money, might be interested. Our vantage point at publicity, and innovation. We hope that the Lab – a cultural space located within over the course of reading this paper the umbrella of a large company – gives you will come to realize - like we have us the unique opportunity to speak to - that inclusion will bring a company corporate India and also members of the immense dividends to businesses. LGBTQ community. Our continued LGBTQ Since the approximately 40 corporate programming has earned us credibility representatives present at the 2017 within the queer community and with launch of the UN Standards of Conduct queer NGOs and community organizations for Business report for LGBTQ inclusion, over the years. We have been energized the number of companies exploring by the fact that Godrej has decided to LGBTQ inclusive policies has only steadily adopt some of our suggestions over the increased. With this paper, we hope to years. This support has given our team provide some direction to companies that a further incentive to work towards trans are joining the fore and looking to make inclusion. With this paper, we’re trying a change. We also hope that it will be of to influence other companies in India to interest to a general audience that cares embark on the journey towards equality about LGBTQ issues in India and wants to alongside us. make a difference. Initially we were going to write this as a Why are we writing this paper? paper for LGBTQ inclusion. But during The draconian law Section 377, which the course of our research, as we dug criminalises homosexuality, was read even deeper and spoke to more people down by a bench of five judges in working in this field, we realized that while the Honourable Supreme Court on 6 LGBTQ inclusion has already gained some September, 2018. We started writing traction in the business world, a focus this paper in June 2018 during the legal on trans-specific policies is necessary existence of Section 377, and as of the because trans employees are known to landmark judgement on 6 September, face a distinctly different set of challenges 2018 we realize that its importance has in the workplace that are not a part of the increased manifold. While the law now lesbian, gay or bi experience. According supports the community, there is a world to the National Human Rights Commission of difference between decriminalization Report on the living conditions of and true equality, and we firmly believe transgender people, 92% of India’s that corporates have a role to play in trans people are unable to participate bridging this gap. It is time now to shift in any economic activity. Less than half our attention to the battles we still need of them have access to education, and to fight in a post-377 India – there is still 62% of those that do, face abuse and a long way to go. discrimination. Moreover, only 2% live with their families (Dailyhunt, 2018). We want Our motivations for writing this paper to make sure that trans people can, at stem from our firm belief in equality for the very least, not view their workplace the most marginalized sections of our as a site of discrimination. Further, we population. Being part of the Godrej believe that a focus on the inclusion and India Culture Lab and witnessing the meaningful participation of trans persons mindset change that our programming will lead to greater confidence among has brought about over 7 years - both both employers as well as not so visible 6 LGBTQ populations to reach out to each other. We hope that this will then prompt employers to consider engaging with and hiring a whole range of sexual and gender minorities. Please consider this paper and the slideshow that accompanies it as a work in progress. We have written it for both - the LGBTQ community and corporate India - with the hope that it will be an evolving project as we get further inputs from stakeholders along the way. Methodology Primary sources: With a total of 30 interviews, this paper was written with the valuable inputs of various stakeholders – whether it was activists, D&I consultancies, community- based organisations or corporate respondents. The primary research for this paper came from people that are situated in varied professional spheres but are all involved and committed to the inclusion of trans people in the workplace. Secondary sources: This paper has collated relevant information from reports, books and articles. The references can be found at the end of the paper. In addition, we have attended conferences, roundtables and webinars and been participant observers in the queer ecosystem for 7 years. For instance, we were proud to host the UN launch of the