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A Manifesto for Trans Inclusion in the Indian Workplace

A Manifesto for Trans Inclusion in the Indian Workplace

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 ...... 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. Metro...... 58 b. VLCC...... 59 c. Lalit Hotels...... 59 d. ...... 61 e. Thoughtworks...... 62 f. Third Eye Cafe...... 64

Acknowledgements...... 71 References...... 72 Appendices...... 80 Annexures...... 84

3 4 The launch of the Standards of Conduct for Business in tackling against , gay, bi, trans and intersex (LGBTI) people, at the Godrej headquarters in Vikhroli, (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 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 , which the course of our research, as we dug criminalises , 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 Commission of difference between decriminalization Report on the living conditions of and true equality, and we firmly believe 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 Corporate Standards of Conduct in 2017 at Godrej. Our participation in this ecosystem has shaped our overview as well as our recommendations.

7 8 Parmesh Shahani from Godrej India Culture Lab in conversation with trans activists Akkai Padmashali from Ondede, Anubhuti Banerjee from Tata Steel and Anindya Hajra from Pratyay Gender Trust at We The Women, 2018.

A manifesto for trans inclusion in the Indian workplace Part 1. Background: Culture, state, society and the law

“The state is constantly policing my bread and butter, housing, clothing, education, employment, marriage, privacy and sexual performances. Who is the government to decide my identity for me?”

-AKKAI PADMASHALI Trans rights activist

9 A protest to end the discrimination against trans people in Bengaluru in 2016. Picture from www.hrw.org/news/2017/07/25/making-transgender-rights-reality-india a. What is transgender? whose gender identity is aligned with the Meaning and cultural one they are assigned at birth. background in India: Gender identity: A person’s internal, deeply held sense of their gender. For KEY DEFINITIONS: transgender people, their own internal Firstly, here is a basic understanding of gender identity does not match the sex what it means to be trans, since you’re they were assigned at birth. Most people going to be reading nearly 80 pages have a gender identity of man or woman about trans people here onwards! (or boy or girl). For some people, their gender identity does not fit neatly into Transgender persons: Those individuals one of those two choices. Unlike gender who are socially, legally and medically expression (see below) gender identity is categorized as being either male or not visible to others. female, but who assert that this is not their self-identity and/or expression. Gender expression: External Transgender people may or may not be manifestations of gender, expressed intersex (Sampoorna, 2017). It is a self through a person’s name, pronouns, stated identity. clothing, haircut, behaviour, voice, and/ or body characteristics. Society identifies Intersex persons: Those individuals these cues as masculine and feminine, who have atypical sex characteristics although what is considered masculine or [anatomical, chromosomal, hormonal, feminine changes over time and varies by etc.] that do not conform to the culture. Typically, transgender people seek social, legal and medical categories of to align their gender expression with their being either male or female. Intersex gender identity, rather than the sex they people may or may not be transgender were assigned at birth. (Sampoorna, 2017). Genderfluid: It is a gender identity that The following definitions from GLAAD.org refers to a gender which varies over (n.d.) explain key terms used in the paper: time. A gender fluid person may at any time identify as male, female, neutrois, Cisgender: A term used to describe or any other non-binary identity, or people who are not transgender, those some combination of identities. Their

10 gender can also vary at random or vary Kinnar: The term for hijras in north India. in response to different circumstances. Gender fluid people may also identify Aravani: The term for hijras in . as multigender, non-binary and/or The meaning of the term ‘Aravani’ literally transgender (Gaysifamily.com, 2017). means a person who worships Lord Aravan. It is an ethno-religious group. Gender Dysphoria: In 2013, the American Psychiatric Association released the fifth : The judgement describes kothis as edition of the Diagnostic and Statistical a heterogeneous group, because it refers Manual of Mental Disorders (DSM-V) which to cis men who show varying degrees of replaced the outdated entry “Gender being effeminate. They prefer to take the Identity Disorder” with Gender Dysphoria, feminine role in same-sex relationships, and changed the criteria for diagnosis. though many kothis are bisexual. Some Gender dysphoria is a conflict between hijras identify as kothi as well, while not all the individual’s assigned gender and the kothis identify as or even transgender. gender with which the individual identifies. They do not live in separate communities.

Globally, trans people are known by Shiv-shakthis: Typically referring to a many different names. In Latin America, community of trans people in Andhra a travesti is a person who has been Pradesh who are ‘married to’ the gods, assigned male at birth and who has a particularly Lord Shiva. They work feminine, transfeminine, or “femme” typically as astrologers or spiritual healers. gender identity. In Thailand and Laos the The ethno-religious group is guarded by term is used to refer to male- gurus who induct disciples and train them to-female transgender people. In the for the work. Phillipines, Bakla is a Tagalog term used to refer to an array of sexual and gender Jogti/Jogtas and Jogappas: In identities, but mainly that of a man who and Karnataka, jogtas and cross dresses (“Global Terms – Digital jogtis refer to male and female servants Transgender Archive.”, n.d.). Even in India, who dedicate (or are made to dedicate) the terminology differs across regions. The their lives to gods in different temples. following terms from Johari (2014) show They refer to male-to-female transpeople the heterogeneity in the vocabulary used who devote themselves to the service of across India to refer to trans people. a particular god. Shubha Chacko from Solidarity Foundation says that most Hijra: According to the 2014 NALSA Jogti/Jogtas and Jogappas do not identify judgement, (which we will talk about as hijras. In fact, there is a danger of the later in the paper) hijras are biological hijra identity wiping out other identities. males who reject their masculine identity and identify either as women, or “not- Transman: A transman is a man who men”, or “in-between man and woman” was assigned female at birth. The or “neither man nor woman”. However, label of transgender man is not always intersex people are also a part of hijra interchangeable with that of gharanas. In India, hijras tend to identify as man, although the two labels are often a community with its own initiation rituals used in this way. Many trans men choose and professions (like begging, dancing at to undergo surgical or hormonal transition, weddings or blessing babies). They even or both to alter their appearance in a have their own secret code language, way that aligns with their gender identity known as Hijra Farsi, which is derived from (Community Business, 2018). Trans men Persian and Hindustani. are often termed as the minority within the

11 minority, because the narrative around the trans experience is centred around trans women. While hijras have a community, a safe space that they can turn to, trans men often do not have one and don’t know others experiencing Gender Dysphoria like they are. Violence and are common among trans men in India, but The Transgender Persons (Protection of Rights) Bill, 2016 only mentions the word ‘trans-man’ once and does not address any specific issues that the community faces (Sarfaraz, 2016). Government officials have often refused to change a transman’s sex in their documentation because according to them, the rule only applies to the Hijra community (Sarfaraz, 2016).

Ardhanarishvara is a composite androgynous form of deities Shiva and Parvati Picture from www.fineartsamerica.com

A VERY BRIEF BACKGROUND TO TRANS PRESENCE IN INDIAN CULTURE In Indian mythology, trans people are found in various Hindu texts, such as the Mahabharata -Arjuna cross dressing as the teacher Brihannala, the change in Shikhandi’s gender, Ardhanarishvara as the androgynous composite form of Shiva and Parvati. In some versions of the Ramayana, there are references to King Ila who spent half of his life as a man and the other as a woman (Gupta and A. Revathi is a Bengaluru-based writer and trans activist Murarka, 2009). There are mentions of Picture from www.thehindu.com/news/cities/bangalore/A-life- trans people in the Kamasutra, an ancient long-battle-to-transcend-gender-boundaries/article14617588.ece Indian Hindu text about human sexual “Transmen are a highly behaviour, and they can also be identified invisibilised and marginalised in ancient Hindu temple carvings. gender minority. Most people are not even aware that such a Today, in certain parts of India, trans group exists. And sadly, even people hold the position of blessing newborn children and newlyweds- this is most members of the hijra called badhai (Michelraj, 2015). However, community do not accept them. in Kerala and in the North-East this is not I feel the plight of transmen is, in a common practice among trans women. many ways, worse than male to Their semi-divine status today is owed to female transpersons.” a popular tale from the Ramayana, where Lord Rama, a major Hindu deity, blessed -A. Revathi, A Life in Trans Activism trans people since they waited for him for (Kundu, 2017) the entire period of his exile. Many trans

12 people refer to this tale to emphasize everyone, particularly members of the their value and status in society. transgender community. In this section Trans people in India have a recorded we’re going to follow the legal battles history of nearly 4000 years. They of the trans community till the present were known to have played a role in the day – the 2014 National Legal Services Ottoman Empire and Mughal empires Authority v. Union of India judgment, in medieval India. They held important the Transgender Persons (Protection of positions in court such as those of Rights) Bill of 2016, the Right to Privacy generals, administrators, and advisors. judgment, as well as the repealing of Many travelers have documented the Section 377 in 2018. elevated status of trans people in the , specifically in harem i) National Legal Services Authority management. They also guarded the vs. Union of India judgment (2014) tomb of the Prophet according to the The landmark judgment in the case of British traveler Eldon Rutter’s travelogue National Legal Services Authority vs in 1925 (Rowchowdhury, 2018). Union of India and others was game- changing for the transgender community. Unfortunately, the British era Criminal Not only did it mandate that a trans Tribes Act of 1871 persecuted trans person be allowed to self-identify as the people and relegated them to the margins gender of their choice, but it also stated of society. The Act pronounced the entire that SRS (Sex Reassignment Surgery) community of Hijra persons as innately was not a prerequisite for identifying as ‘criminal’ and ‘addicted to the systematic trans. Trans people were to be treated commission of non-bailable offences’. as a socially and economically backward The Act mandated the registration and class and provided reservations for jobs surveillance of trans people, and they and educational institutions (Sheikh, n.d.). could be arrested without warrant, sentenced to imprisonment up to two The Central and State governments years, fined or both (Michelraj, 2015). were to provide for separate bathrooms, However, we believe that our country is targeted healthcare services in hospitals uniquely positioned at this moment in and operate HIV sero-surveillance centres time to correct history after decades of for trans people. The judgment also persecution and this paper is a humble mandated social welfare schemes, public attempt in this direction. awareness and gender sensitisation. However, even in 2018, most of these changes are yet to be implemented. The b. Legal and social context NALSA judgment was not a complete victory for the community (Sheikh, n.d.). TRANS PEOPLE AND THE LAW TODAY: Now that we’ve given you a very brief history of trans people in India, let us take you through the major legal milestones that affect their lives today. Aside from the Criminal Tribes Act of 1871, Section 377 of the Indian Penal Code was framed during the British rule in 1861. It criminalized sexual acts, even between consenting adults, that are against the ‘order of nature’. This includes Transgender activist Laxmi Narayan Tripathi speaking at the Godrej non-procreative sex and affects nearly India Culture Lab

13 ii) Transgender Protection of Rights Bill male or female, but who assert that (2016) this is not their self-identity and/or Following the NALSA judgment, there expression. Transgender people may or have been several versions of the may not be intersex” (2017). Additionally, bill proposed. The 2014 version was the process of applying for a gender introduced by Tiruchi Siva, a Dravida identity certificate mandates a district Munnetra Kazhagam Rajya Sabha MP. level screening committee to decide who It was passed in the Rajya Sabha, but is trans, by way of medical examination. it wasn’t introduced in the . This physical examination is a violation of The Ministry of Social Justice and the NALSA judgment which granted the Empowerment then drafted another right to self-identify gender irrespective version of the Bill in 2015. Many of hormonal therapy or gender affirming organisations working on trans rights surgeries. It also doesn’t recognise hijra responded to the draft bill and offered families of adoption and criminalizes strong recommendations. It was by far begging - which will result in an increase the weakest version of the Bill, because it in family and police violence and abuse was unclear on affirmative action for the (YP Foundation, 2018). Moreover, it does community and mandated that a state- not outline any employment schemes level authority would decide whether to or healthcare programmes for the give someone a transgender certificate or community. not (“Rights of Transgender Persons Bill 2014 | ”, 2015). From 2016 and 2017, trans collectives deposed in front of a Parliamentary What the Bill did get right: Standing Committee on Social Justice The Bill penalizes violence against about the ways in which this version of the transgender community, disallows the bill is inadequate (Anasuya, 2017). discrimination in employment, As of December 2018, the Bill was recruitment and promotion and set to be re-introduced in Parliament declares them as a backward class. after incorporating most of the recommendations made by the Standing What the Bill did not get right: Committee report of July 2017 - such as The Bill contains an unscientific definition changing the definition of ‘transgender’. of the word ‘transgender’. It says that a However, it still remains silent about transgender person is someone who is reservations and the right to partnership “neither wholly female nor wholly male, and marriage (Nair, 2018). or a combination of female and male, or neither female nor male; and whose iii) The Right to Privacy Judgment (2017) sense of gender does not match with In August 2017, the Supreme Court the gender assigned to that person at concluded that the right to one’s the time of birth, and includes trans men sexual orientation is at the core of the and trans women, persons with intersex fundamental rights outlined in Articles 14, variations and gender .” 15 and 21 of the Constitution.

The Bill conflates transgender and Kothari (2017) writes that sexual intersex categories. Sampoorna, orientation rights aren’t limited to a collective of Trans and Intersex LGB groups but inextricably linked to Indians, offers the following definition: transgender and intersex persons as well. “Transgender persons are those The Court also held that “The rights of individuals who are socially, legally and the lesbian, gay, bisexual and transgender medically categorised as being either population are real rights founded on

14 sound constitutional doctrine. They inhere homelessness due to family abuse leads to in the right to life. They dwell in privacy many trans people living an ‘illegitimate’ and dignity. They constitute the essence existence with families of adoption. What of liberty and freedom. Sexual orientation follows is an overview of some of the is an essential component of identity.” major societal challenges that India’s trans It held that “Equal protection demands community faces today. protection of the identity of every individual without discrimination.” This i) Discrimination by the family includes the right to one’s self-identified Gendered expectations from children lead gender identity as upheld by the NALSA v. to trans children being scolded, abused and Union of India judgment. even assaulted by their family members. Due to shame and disgust, parents may iv) The end of Section 377 (2018) even disown or evict their child, fearing for In a landmark judgment on September their marital prospects and the continuance 6, 2018, the Supreme Court read down of their family line. (Community Business, Section 377 as a law that violated 2018). A study by the National Institute the dignity and privacy of the LGBTQ of Epidemiology surveyed 60,000 community. Among others, trans activists transgender people across 17 states, such as Akkai Padmashali and Uma including Tamil Nadu. It found that a large Umesh petitioned against it, and The Chief percentage of the population received no Justice of India Deepak Misra pronounced support from their biological family (Times Section 377 as “irrational, indefensible of India, 2016). To exacerbate this problem, and manifestly arbitrary”. It is a huge step the 2016 Bill doesn’t recognize families of forward for trans people on their road to adoption that often keep trans children legal recognition, but it is also the removal safe from violence and requires that a trans of an obstacle for corporates and other child stay with their natal family. stakeholders. Inclusion efforts were often curtailed due to the misconception that ii) Violence and societal rejection Section 377 criminalised it or criminalised LGBTQ identities, but now nothing stands VIOLENCE AGAINST in the way of an organisation that wants to TRANSGENDER INDIANS work towards being more inclusive. (BY PERPETRATOR)

Physical Sexual Emotional SOCIETAL CHALLENGES OF TRANS PEOPLE IN INDIA

We feel it is important to situate trans 16.79% people in our cultural and social moment 13.40% to be able to understand the unique 12.90% 11.30%

difficulties faced by trans people in India. 9.60% 9.20% 8.80% In 2011, a national census was carried out 8% 5.90% to estimate the transgender population in 5.80% the country. The Census reports showed 3.70% 1.30% the total number of trans people in RESPONDENTS WHO FACED VIOLENCE

India to be around 4.9 lakh (Nagarajan, STRANGER CLIENT BOYFRIEND/PARTNER OTHERS 2014). Activists insist that this estimate is conservative, because trans people may Graph source: Swasti Health Resource Centre, 2017 also identify as female or male (within the One of the biggest perpetrators of binary) and may not record themselves violence against the community are the as transgender. Aside from this, police and law-enforcing authorities. The

15 2011 census revealed that 52% of trans to its income generating capacity. The people surveyed face violence from the jamaat system is a cohabitating system for police (Times of India, 2016). Violence transwomen that proves to be a support and extortion is often experienced by system. Moreover, one of the reasons trans people in sex work by clients and reported by hijras for taking up sex work even the police due to the criminalisation is to save money to undergo gender- of sex work in the country (Chakrapani, affirmative surgery (Chakrapani, Newman Newman and Noronha, 2018). In reality, and Noronha, 2018). Since private facilities even trans people who are not soliciting are unaffordable, individuals often go to are thought to be involved with sex work unqualified doctors - and yet the cost and are arrested by the police - this does of that is about 10,000 rupees. This may not require a warrant to arrest or search. be paid for by the hijra guru. Individuals Anti-beggary laws also penalize traditional often go to the senior hijra (dai amma) livelihoods of the trans community. The for this procedure as well. Urological Indian government publishes annual complications such as fistulas and urethral statistics about crimes against men obstructions arise from these unofficial and women, but it doesn’t do the same procedures (Chaturvedi, 2017). And yet, for trans people. A survey conducted these gharanas provide transwomen with a by the Swasti Health Resource Centre safe space where people understand their (a Bengaluru-based non-profit group) needs – this is why it proves difficult to interviewed 2169 trans people from bring them into mainstream employment Maharashtra, Tamil Nadu and Karnataka. channels. It revealed that 40% of trans people have experienced sexual abuse in India before turning 18. It begins as early as age 5, and continues even after childhood (Chaturvedi, 2017). Spouses/partners are also perpetrators of violence towards a trans person - they are often not seen as victims of domestic abuse. iii) Poor literacy Formal education is also hard to come Lalit Salve (left) and K Prithika Yashini (right) Pictures from zeenews.india.com and www.indiatimes.com by due to severe bullying and teasing making studying impossible in school. The 2011 census data revealed that 48% of the trans population was literate and that 58% dropped out of school before the 10th grade (YP Foundation, 2018). Anjali Gopalan of Naz Foundation says these numbers are unsurprising due to the amount of discrimination and harassment trans students face (Times of India, 2014). Swati Baruah (left) and Shanavi Ponnuswamy (right) Pictures from www.yourstory.com and www.theprint.in iv) Issues relating to gender affirmation surgery Despite this tumultuous legal scenario, A lack of family support, financial support, there are trans people trailblazing and and educational background leads lending visibility in several walks of life transwomen into the jamaat system, in contemporary India. Lalit Salve from where they might take up sex work due Maharashtra is a constable and trans

16 man who fought for leave for his surgery of these progressive states but to also (The Wire, 2018). K Prithika Yashini from issue a call to action for other states to Tamil Nadu, is the first transwoman sub- learn from the exemplary work being inspector in India (Gupta, 2018). Swati done by their counterparts. The following Baruah is ’s first transgender are some of the state-sponsored schemes Lokpal judge (Mirror Now, 2018). Sathyasri and initiatives that emerged out of the Sharmila became the first transgender NALSA judgment (UNDP, 2017a; lawyer to register with the Bar Council of YP Foundation, 2018). Tamil Nadu and Puducherry (Mandhani, 2018). M Monisha, from Belagavi, has Tamil Nadu created history by becoming the first trans • Free registration of lands and ration person to be appointed in the secretariat cards (, 2018). West Bengal • Offers soft loans to insentivise the constituted a trans development board establishment of businesses with Manobi Bandhopadhyay (the first • Vocational training transgender principal of a college) as • Free health insurance the vice chairperson (YP Foundation, • The first state in India to implement 2018), and finally, Shanavi Ponnuswamy is a transgender welfare board in 2008. fighting against the government-owned They are called Aravani Welfare boards. airline Air India’s discriminatory hiring However, it does not recognise trans men practices (Mantri, 2018). and a physical examination is required We believe that the time has come for for the issue of ID cards several more Prithikas and Swatis, and that the corporate world can certainly be Kerala a part of facilitating this societal change. • By 2017, both Cochin and Trivandrum We’re going to see how in just a few pages had welfare boards. They also included from now. trans men, but their schemes are still in their initial phases • Formed a state Transgender Cell for c. Work on trans inclusion at the skilling and training state level across India • Issues ID cards by a committee headed by the District Collector. This committee EFFORTS ACROSS STATE includes members from the community, GOVERNMENTS IN INDIA The District Health Officer, the Joint/ Before we delve into how corporates can Assistant Director Social Welfare, a help bring about this change, let’s take representative from an NGO and a a look at the existing efforts made by psychiatrist state governments across the country. • Offered scholarships for school and India is a federation of 29 states and higher education often the laws relating to trans people in • The University of Kerala has a trans some states are more progressive than policy which prohibits and safeguards those implemented at the Centre. State against and discrimination. It governments implemented the following also offers special facilities, awareness schemes and programmes for the programmes and barrier-free access to community that were seen as big steps education towards trans inclusion - among these • Teachers have been trained and were healthcare services, loans, skilling sensitised in 2467 schools programmes and more. • Offered pension for trans individuals above the age of 60 Our intention here is to honour the work • Kochi Metro Rail Limited (KMRL)

17 authorities came forward offering jobs announced schemes or activities to transgender persons in housekeeping, specifically for the community customer care and crowd management • Schools from class 8-10 have sections introduced chapters on what it means to be transgender in their curriculum, so Karnataka as to sensitise students, parents as well as teachers • Special provisions for healthcare have been provided through Thursday OPD that is reserved for trans people in medical colleges and hospitals • 2% reservation for housing schemes through Indira Awas Yojana • Free SRS to be provided in government hospitals

The state and central governments have Picture from www.thelogicalindian.com a key role to play in trans inclusion, but • Akkai Padmashali’s organisation we believe corporate stakeholders can ‘Ondede’ has also joined hands with complement their efforts and in some the Election Commission (EC) in cases even lead the way. We hope conducting awareness programs for the that this paper will give you enough transgender community (Goled, 2018). examples of these efforts and urge you She says, “There are more than one lakh to implement your own version of trans in the state and in this inclusion in your organisation. We’re elections, more than 10,000 of them going to give you a plan of action in just would be participating. We hope that a few pages from now! this number increases in the coming years.” • Offered a pension scheme for trans individuals from the ages 18 to 64

Odisha • Issue of BPL cards and free housing schemes • Provided 100 days of paid work annually • Entitled to 5kg of food grains under India’s National Food Security Act • Pensions and loans to start up businesses

Chhattisgarh • Eleven departments i.e. Health, Higher Education, Women & Child Development, Social Welfare, Technical Education, School Education, Home, Panchayat and Rural Development, Urban Development, Public Relations and General Administration have

18 Bengaluru Pride & Karnataka Queer Habba, 2016 Picture from www.nammapride.lgbtq.co.in

19 20 Nayana Udupi, a transwoman and marketing associate, led the way for trans inclusivity in Thoughtworks, Bengaluru. Picture from livemint.com

A manifesto for trans inclusion in the Indian workplace Part 2. The business case for LGBTQ inclusion at Indian companies

“I’m very proud of being the first out lesbian CEO in India.”

-RADHIKA PIRAMAL Vice Chairperson of VIP Industries Ltd.

21 A still from Anouk’s ‘Bold is Beautiful’ advertisement from 2015

Now that you’ve seen the struggles faced a. LGBTQ inclusion can make by the trans community, we’re going to you money tell you how you can alleviate it. But first - we’re going to show you how you have India’s LGBTQ economy is largely nothing to lose as a business when you untapped, and our research shows decide to be inclusive. In fact, the data that it has enormous potential. In most we have gathered shows us that there populations, around six percent of the are several benefits to being an inclusive adult population is LGBTQ. Applying company. that to India suggests that just under $200 billion (six percent of GDP) can In this section we will present the case for be assumed to be earned income from LGBTQ inclusion at large – as there are India’s estimated 45 million LGBTQ several instances of how it has worked in people (Firstpost, 2014). Marginalisation corporate India’s favour. We will then zero and discrimination always carry heavy in on trans inclusion and the strategies costs: they shrink the existing pool of a company can adopt when hiring trans talent, restrict markets and slow down people. Before we do that, let’s look at the economic growth. A 2016 World Bank data for an LGBTQ business case. report that looked at 39 countries found a clear link between marginalisation If not from a humanitarian perspective, and loss in GDP. In particular, it placed then companies are beginning to look at India’s loss in GDP due to LGBTQ inclusion as a decision that makes and transphobia up to $32 billion, or business sense. If the private sector can 1.7% of our GDP (Radcliffe, 2016). Lee be a driver of social change where the Badgett, author of World Bank report, government is inadequate, then they can believes that India’s loss in GDP is emphasize their commitment to employee actually far more than the reported comfort, safety and well-being. In other 1.7% (Patel, 2014): words, focussing on LGBTQ employment “Other kinds of costs that are not in for corporations isn’t just good from a the study include the brain drain cost; welfare and upliftment angle, but also people leaving India because of the makes good business sense. We will now stigma of being a LGBT person [...] So tell you how LGBTQ inclusion can bring there are lots of things I cannot take you talent, innovation, great publicity, help into account. If I could, it would simply you build an even better company brand add to my estimate and make it larger; and earn you lots of money. It’s a win-win that’s why I believe my numbers are scenario, all the way! conservative.”

22 b. Innovation and talent are found in inclusive workspaces

In this section, we explore why the best and brightest minds are drawn to companies with an inclusive environment.

Picture from www.eshe.in “India is far behind in tapping into Pink/LGBTQIA tourism that has been a major contributor to the US and Brazilian economy.” -Keshav Suri, Executive Director of The Lalit Hotels

To substantiate the above quote, there is enough research to show that the power of the global LGBTQ market should be harnessed. As of 2015, the Global Spending Power of LGBT consumers “Inclusivity does mean was estimated at $ USD 3.7 trillion - 4.6 innovation. The more inclusive trillion per annum. (LGBT Foundation, you are, the more debates you 2018; LGBT Capital, 2015). This is not inclusive of those who identify as allies can have, the less hierarchy you of the community- friends and families of have, the faster it is to recover LGBTQ individuals that support them and from failure… if you say everyone the community. The LGBT Foundation should ‘talk like me, look like in Hong Kong has calculated that if the me, be like me, have the same LGBT community worldwide were a country, it would be the fourth largest background as me’ – I don’t economy in terms of GDP (2018). think that would work well for companies.” Moreover, The Gallup World Poll (a survey -Nisaba Godrej, Chairperson of Godrej conducted in 160 nations) asks whether Consumer Products Ltd. or not the place in which a person lives is “a good place for gays and ”. DIVERSITY AT THE WORKPLACE Economist Richard Florida and Charlotte All the data shows that Nisaba is right. Mellander correlated this data with GDP Inclusion and diversity are, in fact, per capita. They found a significant correlated with greater perceived positive correlation between the two (.72) innovation. Employees who perceive (Florida, 2014). that their organization is committed to diversity, and who feel included, are 83% Aside from capital, can there be other more likely to see their company as one reasons for a company to invest in the that “develop[s] innovative solutions” LGBTQ community? Yes! This brings us to (Open for Business, 2015). The Tata talent and innovation. Group is working towards having 25%

23 of its Tata Steel workers from diverse groups by the year 2020. Of this, 5% will be from the LGBT+ community. “There has certainly been a generational shift in opinion on this subject,” said Harish Bhat, Managing Director and CEO of Tata Global Beverages. “The LGBT lifestyle… is a perfectly natural space that exists in our world” (Mukherjee, 2017).

This is the global research that’s reaching Apekshit Khare (left) from Godrej Properties Ltd. India - from the Fortune 500 companies, the top 50 believe that they benefit from “Same sex partner benefits a diverse workforce because they’re able make me feel that the top to produce better ideas (Deloitte, 2011). management at my company Diverse Research and Development teams are shown to perform better as well. really cares about the LGBT Kellogg Insight’s 2010 study shows that community.” mixed groups do better than homogenous - Apekshit Khare from Godrej groups due to alternative perspectives Properties Ltd. and “more careful processing of information”. A survey of 285 companies According to a survey commissioned in the UK found that for more than half by Vodafone from Out Now Consulting the respondents, recruitment was the in 2018, 83% of more than 3000 LGBT+ most cited monetary benefit of diversity people would prefer to work with visible inclusion policies (Open for Business, LGBTQ leaders. According to Hewlett 2015). Companies like Ford Motor Co, and Yoshino’s 2016 study, 72% of allies Alcoa, BP, Goldman Sachs have already say they are more likely to accept a job seen the benefits of LGBT inclusive at a company that’s supportive of LGBT policies because it makes the company employees. come across as forward thinking and meritocratic (Open for Business, 2015). LGBTQ communities are also forming across business schools in India - Emerging markets are currently intensely such as IIM ’s QUEst. This is engaged in the ‘war for talent’ – according because students are now discussing to McKinsey (2012). In India’s fast paced how inclusivity affects mental health and competitive market where the and productivity (Ghosh, 2018). Kevin pressure on wages and demand for talent Burns, co-author of the report ‘Creating is high, companies doing business in India Inclusive Workplaces for LGBT Employees risk losing out if their diversity policies in India’ (2012) and project manager on LGBTQ inclusion aren’t updated and at Community Business says that “... in line with global standards. This is Companies have a critical role to play in especially important for the services and creating workplace environments that are information sector where India competes safe and open — and that it makes sound on a global scale. Companies that aren’t business sense for them to do so. After a part of this change will also risk losing all, if people feel they can bring their talent to companies that welcome diverse whole selves to work they will be happier employees and are mindful of their needs and more productive” (ET Bureau, 2012). (Banerji, Burns and Vernon, 2012). Keshav Suri of The Lalit Group of Hotels has introduced an LGBT and disabled

24 friendly policy at The Lalit and has visible Vanitha Narayanan, managing partner trans hires across The Lalit properties. of IBM Global Business Services He, too, vouches for greater productivity says, “Creating a culture where LGBT and commitment to the job in an inclusive employees are valued, empowered to workplace. think freely and encouraged to express themselves fully, frees our colleagues to A review of the top 50 Fortune 500 think creatively, producing dramatic and companies found productivity to be innovative outcomes for our clients” one of the most frequently mentioned (ET Bureau, 2012). commercial benefits for adopting LGBT inclusive policies (The Williams Institute, 2011). Non-discrimination policies INCLUSION AND THE CITY foster “Good Samaritan” behaviours, To be able to attract the best talent in which means being proactively helpful the country, inclusive companies have and willing to go ‘the extra mile’ at to make the city they’re situated in a the workplace. (Organ, Podsakoff and ‘desirable’ destination. Human capital is MacKenzie, 2006). an essential component of metropolitan economic growth. Why are cities A survey conducted by MINGLE (2012) important for business? About 600 urban in India also draws a link between a more centers generate 60% of global GDP - open environment for LGBT employees clearly, cities are major drivers of global and attraction and retention. Openly economic growth. 45% of world economic gay employees have greater trust in growth from 2007 to 2025 is likely to their employers, are more likely to have come from competitive, emerging market entrepreneurial aims in the future, have cities i.e. India’s metros. greater satisfaction with their rate of (Open for Business, 2015). promotion, feel more loyal to their organisation and are more likely to We see Bengaluru as a prime example of continue with the same company for a inclusive corporate culture. It contributes greater period of time - as compared to 10% to the country’s GDP and the tech their closeted counterparts. sector is worth $150 billion. Immigrants make up 70% of the population and 50% are a migrated student population. With nearly 400+ multinational corporations, it is certainly a talent hub. Bengaluru also embodies an LGBT friendly city - the Bangalore Queer Film Festival has been running for 9 years, Bangalore Queer Pride and Karnataka Queer Habba are some of the biggest LGBT celebrations in the country. The city is a model for how Picture from www.vogue.in/content/radhika-piramal-lesbian-gay- tolerance attracts economic activity for rights-in-india-lgbtq-activism/ companies that now compete on a global “LGBTQ+ individuals are just level and contribute to income growth (Open for Business, 2015). looking for legitimacy, and corporates can definitely work Urban centers usually require a range towards that” (Meghani, 2017). of differently skilled individuals and - Radhika Piramal, Vice Chairperson professionals. Scientists, lawyers, of VIP Industries Ltd. designers, as well as people involved in

25 education, technology and the arts are Until Section 377 was read down in known as the ‘Creative Class’ because September 2018, India was facing similar they innovate, create technologies backlash due to the discriminatory and new ideas, and are also skilled at colonial-era Section 377. The IIT Petition problem solving. They usually come from filed in 2018 has several alumni citing a background of formal education and Section 377 as the reason for a brain draw from a knowledge base to perform drain among IIT alumni. The petitioners their creative economic role. There are were all members of the Lesbian, Gay, “3Ts” that will attract the Creative Class. Bisexual and Transgender community Talent (a highly educated population), and are a part of Pravritti, an informal Technology (the infrastructure necessary pan-IIT LGBT group with more than to facilitate their work) and Tolerance 350 members. (a diverse community with a culture of tolerance and acceptance). “S377 has also further contributed to the brain drain The Creative Class is drawn to cities that are liberal and tolerant, and the of several LGBT petitioners from presence of a strong, involved LGBTQ the IITs across industries. LGBT community signals just that. Diverse alumni in India have chosen populations foster innovation, lateral sectors or companies with thinking, and the development of fertile progressive policies over those ground for new ideas to take root (Florida, 2002). that might have provided better career trajectories or in STEM Corporate values that reflect tolerance, fields which are instrumental acceptance and inclusion attract an in building a modern and international workforce as well as strong India.” international investment because they indicate a presence of ‘quality of life’ -IITians move Supreme Court against factors. An increase in Foreign Direct Section 377 (Orinam Section 377, 2018) Investment is also seen as a positive outcome of these initiatives, according Tony Christopher, a senior technology to Deloitte (2014). lead at writes that many of his queer friends considered applying to Work- related migration has seen an Canada for Permanent Residence due to increase by one third since 2000, the anti-discrimination laws there (2018). according to a UN report (Open for Business, 2015). A part of this migration is In Open for Business (2015), Pallav because of discrimination. Reports claim Patankar from says- that significant emigration specifically “After [the re-criminalization of as a result of anti-LGBT laws and culture homosexuality] a lot of software has taken place in India, Jamaica, Nigeria, Russia and Uganda. According to Waverly professionals left the country, Deutsch et al (2016) there is a clear and this isn’t good for the migration away from intolerant locales industry, and it isn’t good for towards pro-diversity states and cities. the country. They are talented In their sample, American states that are individuals in a global working looked upon as intolerant lost most or all of their LGBT entrepreneurs before they environment, and they have a established their businesses. new set of expectations.”

26 To monitor whether a company is truly Indian industry bodies such as FICCI inclusive, various indices, awards and and CII are already having LGBTQ benchmarks have been applied in the conversations in their annual conclaves. corporate world. Community Business, At the October 2018 “Queering the Pitch” a Bengaluru-based D&I consultancy, has conference in , Sangita Reddy, devised a benchmark exercise that will Joint Managing Director of the Apollo help companies understand diversity and Hospitals Group, and Vice President of inclusion best practices. This will aid them FICCI (Federation of Indian Chambers in assessing their own delivery on certain of Commerce and Industry) said that parameters and formulate a strategy to corporate India was just beginning go forward. Awards such as the ‘Employee to navigate LGBTQ inclusion in the Network Award’ and the ‘LGBT+ Inclusion workplace. Companies are now seeing that Award’ will help to raise the profile of a having progressive policies towards their company’s D&I strategy, engage other key LGBTQ employees and supporting LGBTQ stakeholders and attract the best talent causes helps in attraction and retention of (‘D&I, In India Best Practice Benchmark & better quality staff. Awards’, 2018)

In America, The Human Rights Campaign c. LGBTQ messaging helps you Foundation’s 16th edition of the Corporate improve your PR and keep up Equality Index found 609 American with millennials business scoring a 100 percent rating on all criteria as well as earning the title of Now that we have seen what LGBTQ “Best Place to Work for LGBTQ Equality.” inclusion means for capital and for Fortune 500 companies and hundreds of talent attraction, let’s take a look at how public and private medium to large sized it affects one of the most intangible - concerns were evaluated in this CEI. The and yet the most valued and measured number of 100 percent rated companies aspects of the business case - one’s has increased exponentially since 2002, reputation. India’s values are changing the year of the first CEI (Human Rights rapidly – which means there is a new Campaign Foundation, 2018). consumer base that companies are catering to. We believe that companies that exhibit and demonstrate inclusion 99% of the 947 CEI- participating businesses can gain favour in the eyes of forward- thinking millennials and the rest of the changing country.

By 2020, Millennials and Gen Y are pro- jected to be 50% of the workforce and by 2025 they are expected to make up 75% of the workforce (Donston-Miller, 2016). In this age of the ‘personal being political’, India’s new generation is slow- ly developing into an ethical consumer 82% of all Fortune 500 base. They make choices based on causes companies they identify with and support. Millennials 2018 inclusion of fundamental protections in want their purchases and the brands they company non-discrimination policies endorse to reflect their politics – which is inseparable from their identity (Boston Graph source: Supporting the journey: gender transition in the global workplace by IBM and HRC, 2018 Consulting Group, 2014).

27 KV Sridhar, former chief creative officer In 2013, the Supreme Court read of advertising agency Leo Burnett and down a verdict that decriminalized now founder of marketing agency Hyper . Despite the Collective says (Tandon and Thomas, legal scenario at the time, that year saw 2017) – brands supporting the LGBTQ movement “(The youth) don’t want to be by criticizing the judgment. Fastrack left out of social decisions, such used the critical moment of public outrage by running an ad that asked as politics, that impact them their viewers to ‘come out of the closet’ directly […] they want purpose, and ‘move on’. This ad was aired during and to feel like they are part of the IPL tournament in 2013, earning something big and important, the ad about 3.8 million impressions even when shopping for tea or (ESPNcricinfo, 2013). timepieces.” The income on Titan watches rose from FY 2012 to FY 2013, and the Titan annual This new India sees brands going for report (2013) states that: “Fastrack advertising approaches that are centered ran impactful marketing campaigns for around social causes rather than product- each of its product categories and had driven approaches. successful activations… Its edgy style of communication resonates with the youth Procter and Gamble’s Vicks Touch of across the length and breadth of India.” Care campaign was centred around trans motherhood and featured trans rights activist Gauri Sawant. It was aired during one of the most watched Hindi television shows (‘’, the Indian version of ‘Who Wants To Be a Millionaire?’) with an average viewership of 37.21 million (zaprmedialabs, 2017). It also received national as well as international press coverage. According to A screengrab from Fastrack’s ‘Move On’ advertisement, 2013 Pinto (2018), sales in health and hygiene In 2018, when Section 377 was products rose from FY 2016 to FY 2017. unequivocally struck down by the P&G’s 2016-2017 annual report states that , a number of “..growth was driven by a strong focus on Indian companies - nearly 70 - openly brand fundamentals and equity building supported the judgement online. Google, campaigns like #TouchOfCare” (Procter Facebook and Youtube introduced and Gamble, 2017). rainbow pride colours into their homepage, profile pictures and logos and tweeted about the judgement. Other brands such as IndiGo, Starbucks, HBO, Nykaa, L’Oreal, Café Cofee Day, Discovery Networks, Swiggy, Ola, KFC, Star TV, Zee TV, Colors, GoAir and Titan Eyeplus also tweeted about it and expressed solidarity (Malvania, 2018). Hashtags such as #LoveIsLove and #Section377 were trending and used by companies A screengrab from Vicks - Generations of Care #TouchOfCare, 2017 across the country. The e-commerce

28 giant Flipkart posted an advertisement Corporates even tweeted about their featuring a play on words about how positionality when it came to LGBTQ Section 377 is the only ‘cancellation’ rights. Here are some of them: they look forward to. Uber India lit up it’s routes with pride colours when Tata: “We welcome the landmark booking a cab (Businesstoday.in, 2018). judgement by the Supreme Court on Travel portal Yatra.com offered limited #Section377. We have always provided period special offers such as honeymoon equal opportunities for employment packages starting at Rs 377 (Malvania, at Tata, irrespective of race, caste, 2018). L’Oreal used their popular tagline gender, religion or sexual orientation. ‘Because you’re worth it’ and changed it #PrideIndia” to ‘Because we’re ALL worth it’ (Vandana, 2018). Accenture: “#Inclusion is the bedrock of innovation and growth. And it gives me immense pride to be part of @Accenture, where Inclusion and diversity are fundamental to our culture and core values. A welcome change! #Section377 @AccentureIndia”

For new economy companies – inclusion is almost a given. Digital platforms are also venturing into creating web content that is LGBTQ friendly. For example, companies such as eBay and Myntra both have LGBTQ themes in their advertising. And since both these companies are online shopping portals, their decisions are shown to make good business sense. Research that looks into the LGBTQ consumer base’s purchasing Swiggy advertisement post Section 377 judgement power and characteristics indicate that Picture from www.businesstoday.in/current/corporate/- the average gay consumer is college- freedom-how-companies-celebrated-end-of-section-377/ story/282128.html educated, shops online and is interested in purchasing the latest technology. LGBTQ-friendly brands inculcate a sense of loyalty among LGBTQ consumers- because these brands reflect their values. 78% of gay online consumers prefer to buy from companies that have targeted advertising for the gay community. (Deloitte, 2011). Other studies also project that the LGBTQ market spending may increase despite the financial health of the country. This is attributed to their optimism about economic recovery Flipkart advertisement post Section 377 judgement (Deloitte, 2011). The Myntra ad online got Picture from www.businesstoday.in/current/corporate/lgbt- freedom-how-companies-celebrated-end-of-section-377/ 10 million views in 10 days. Ajio.com’s story/282128.html Instagram campaign was also seen to be successful.

29 population in the World Values Survey indicated that the number of Indians who believed “homosexuality is never justifiable” fell from 89% to 24% between 1990 and 2014.

A screengrab from #AjioSupports Pride not prejudice, 2017 Seema Chawla, CMO of Ajio.com says that “Brands must embrace the LBGTQ community. Neutrality will not inspire the deep relationships they want with their consumers.” Young consumers want to align themselves with brands that echo their Graph source: www.livemint.com/Politics opinions and values. This creates the nLQiPpl5UICajLDXETU3EO/Homosexuality-in-India-What-data- need for brands to be ‘conscious’ and shows.html socially responsible. UrbanClap’s LGBT ad Consumer tastes and needs are rapidly campaign was also covered by Mashable evolving, and companies need to align and Buzzfeed, both websites that are themselves with their diverse customer frequented by millennials (Joshi, 2016; base. They can do this by beginning with Shah, 2016). their corporate culture. In a competitive marketplace, inclusive companies have “The average age of UrbanClap a wider client base and well as more is 23-24. It’s full of friendly and markets to access. When companies are open minded millennials who committed to diversity, their employees are 31% more likely to perceive their want the company to show that company as one that responds to the they are forward thinking and do changing needs of their customers not indulge in discrimination.” and clients. Their customer service -Suhail Vadgaonkar, VP Customer is perceived as greater due to their Experience, Brand and PR for UrbanClap ability to adapt to diverse and changing needs (Deloitte, 2011). In a survey of These brands then have greater 285 companies in the UK with LGBT+ appeal and generate more loyalty with inclusion policies, “improved customer consumers, particularly millennials- of relations” (43.2%) and “improved which there are 1.8 billion globally. PwC products and services” (42.6%) were research (2013) shows that they share the the most significant profits (Open for same values all over the world. This could Business, 2015). be due to globalisation and social media. A study by Boston Consulting Group Research shows that these branding (2014) found Millennials gravitate towards initiatives are tried and tested methods brands that “say something about who of increasing brand preference. Globally, I am, my values, and where I fit in”. LGBTQ friendly advertising has gained The brand becomes an extension of traction with companies like Subaru. Their oneself, and if it is politically problematic search for niche groups led them to their then it tends to become unpopular lesbian market. They were four times with Millenials. Aside from Millenials, more likely than the average consumer to a representative sample of India’s buy a Subaru (Mayyasi, 2016). Therefore,

30 Subaru cultivated a brand campaign “...guests, irrespective of their that catered especially to this market. preferences, say they love our They sponsored pride parades and also endeavors and this is a strong partnered with the Rainbow Card, a credit card that used the cashback as reason they choose Lalit over a donation to gay and lesbian causes. other brands.” They also hired Martina Navratilova, a - Swati Jain from Lalit Hotels on brand lesbian and tennis pro, as their brand preference ambassador. Many companies are now trying to ensure that their supply chains are inclusive and there are a mix of suppliers owned by minority groups- especially LGBTQ people. Companies such as Apple, EY, HTC, Sony and IBM require non-discrimination on the basis of gender identity and sexual orientation and they have included it in their global supplier codes of conduct. This shows that anti- LGBTQ laws may inhibit global customers using local suppliers (Open for Business, 2015). Amita Karadkhedkar adds that supplier diversity can be brought about in innovative ways by collaborating with organizations like PeriFerry.

In terms of press, the Godrej India Culture Subaru used their market insights to make their branding speak to the LGBT community. Lab’s LGBTQ programming was worth Pictures from www.lesbianbusinesscommunity.com and 15.2 crores of publicity, from April 2017 to www.marketingtherainbow.info March 2018. In September 2018 after the They used slogans such as ‘Entirely Section 377 verdict, it garnered 11.7 crores comfortable with its orientation’ and ‘It’s worth of PR value from write-ups about not a choice, it’s the way we’re built’. This the Lab and it’s involvement with the new brand image resulted in tangible LGBTQ community. From policy changes financial success. A Harvard case study in the organization to LGBTQ events, noted that Subaru’s flat sales turned a company can gain increased press into steady growth (Mayyasi, 2016). The coverage from beginning discussions lesbian market was one of Subaru’s best around LGBTQ inclusion. performing markets. They tracked this by partnering with 40-50 organizations— The press doesn’t just look at companies like Rainbow Card—to offer discounts that do well, it also takes into account on Subaru cars. Every year, the LGBT companies that engage in homophobia. organizations were in the top 5 in terms For instance, In September 2018, the of sales. tech company received an avalanche of bad press. Tech Mahindra The Lalit Group of Hotels has built a has been in the news for it’s chief brand loyalty with their policies as they diversity officer’s homophobic and have had guests tell them that they anti-muslim remarks directed towards choose to stay at The Lalit due to its a gay employee. The diversity officer policies and inclusive culture. was removed from employment after

31 receiving a wave of online criticism – just days after the Section 377 verdict. With the expanding presence of technology and social media, it is easier than ever for people to express their outrage online, so this should serve as a cautionary tale for companies in India. While we commend the speed at which TechM responded, it is also true that the individuals in charge of diversity in an organisation should be thoroughly vetted.

Mahindra Group Executive Chairman Anand Mahindra and Tech Mahindra CEO CP Gurnani responded to the incident saying that they remain committed to supporting and promoting diverse workforce at Tech Mahindra, and the matter would be looked into (Moneycontrol.com, 2018). While the response was immediate, the online backlash to this incident is something companies should be wary of.

Additionally, research has shown that companies can utilise the insights of their LGBTQ employee base to understand the LGBTQ market. In India, IBM has launched a business development programme in 2012 that advises MNCs and Indian companies on the business case for greater diversity and inclusion in their workforce. This leads to the identification of new business opportunities (Community Business, 2012). In a similar manner, Out Leadership founder Todd Sears benefited greatly from focussing on the LGBT community. While Anjali Lama the first transgender model to walk the ramp at Lakme at Merrill Lynch, Sears addressed the Fashion Week, 2017 estate-planning obstacles that presented themselves to the LGBT community so as to ensure the firm’s presence in these matters. The team educated more than 250 financial advisors to better serve Merrill Lynch’s LGBT clients around the globe. Sears’s initial target was to bring in $24 million in 24 months. However, his team brought in $1.4 billion (Hewlett and Yoshino, 2016).

32 LGBTQ inclusive policies and benefits that some Indian companies already have:

- Equal opportunity policy: which covers sexual orientation and gender identity without any discrimination

- Same-sex partnership benefits: the company recognizes same-sex partners and gives them equal benefits at par with married spouses

- Gender neutral adoption leave : Leave of 3 months – given to the primary care-giver

Why are we focussing on trans inclusion in this paper?

On all fronts, there is a business case to be made for LGBTQ inclusion. What we want to focus on is trans inclusion, and what follows in a strategy for corporates to adopt and implement. Before that - we would urge corporates to begin a conversation about trans inclusion in their workplace, and to that end we offer these sobering statistics (UNDP, 2016):

- Trans people are one of the most discriminated, high risk groups in India.

- There aren’t any consolidated, large-scale efforts to reach the trans community in India. While there are 249 schemes from national and state governments that can potentially be accessed by trans people, only the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU GKY) mentions transgender persons as beneficiaries.

- 92% of India’s trans population are unable to participate in any economic activity.

We hope that this paper is a step in the right direction to help change these numbers.

Now that you’ve understood the way society views trans people and the rationale for LGBTQ inclusive hiring, we’re going to tell you what you can do to make sure your company is truly inclusive. Think of it in this manner – we’ve told you the ‘what’ and ‘why’, now we’re going to tell you the ‘how’. Our strategy includes many elements and we realize that you may not want to implement all of them at once. We do hope though, that the strategy outlined here helps you embark on a gradual trans inclusive journey in your own organization and that you can eventually cover all the 9 steps we have recommended.

33 34 Kochi Metro is known for it’s ambitious trans hiring efforts. Picture from livemint.com

A manifesto for trans inclusion in the Indian workplace Part 3. Trans inclusion and our recommended strategy

“It is important not to dwell on the number of people that will come up and take advantage of these benefits (that are offered to trans people). The fact that the company is being inclusive and providing equal benefits to everyone is far more important.”

-RITESH RAJANI HR Diversity Engagement Partner, IBM

35 From infrastructure to systemic discrim- The policy should specify that sexual ination in company messaging, recruit- orientation, gender identity, and gender ment, hiring, and grievance redressal, expression are prohibited grounds for we believe that there should be targeted discrimination. outreach and training on the organisa- tion’s approach to transgender people. To The policy should also provide examples us, an ideal trans inclusion strategy for a of what transphobic discrimination looks company would include these 9 elements. like, and be reviewed at least every 3-5 years to make sure the policy language 1. The first and most basic step: isn’t dated and that it is in accordance an anti-discrimination policy with human rights requirements as well as 2. Active trans hiring efforts through HR corporate values (Humsafar Trust, 2018). 3. Sensitisation of existing employees 4. Restroom infrastructure Accenture, Intel, IBM and other compa- 5. Health insurance and medical nies have written equal opportunity benefits policies that translate into training, 6. Support system for employees company culture and policy - it sends transitioning in the workplace out the message that the company does 7. Formation of an employee not discriminate. Constant monitoring resource group of inclusion efforts by way of progress 8. Robust advocacy of the trans policies reports is essential to the consistent both within and outside the company maintenance of anti-discrimination 9. Being mindful of trans employees’ policies and training efforts - they particular circumstances shouldn’t exist simply on paper - ideally, senior leadership or a board should be Let’s go through each of these in detail in charge of monitoring the implemen- while exploring the best practices already tation of these policies (UN Standards adopted by some companies. of Conduct, 2017). Any violation should be thoroughly investigated and appro- priate action should be taken against it. 1. The first and most basic step: The employee should be provided with An anti-discrimination policy resources and support. As is often the We believe that the first and easiest step case, we are uninformed when it comes is a policy change. This can be done to what actually constitutes transphobic almost overnight like we did at Godrej behaviour. Here, UN GLOBE (2018) ourselves. Here is the text of our equal outlines what qualifies as discriminatory opportunity policy: behaviour towards trans people: “We recognize merit and perse- verance and encourage diversity i. Refusing to issue ground passes and conference badges to staff and other in our company. We do not toler- stakeholders that reflect a person’s ate any form of discrimination gender identity and expression, includ- on the basis of nationality, race, ing their preferred name and pronoun; colour, religion, caste, gender, ii. Non-consenting disclosure of details gender identity or expression, of an employee’s trans history. iii. Denying staff members and other sexual orientation, disability, age, stakeholders access to locker rooms or marital status and will allow and/or restrooms that correspond to for equal opportunities for all our their self-identified gender identity; team members.” iv. Prohibiting staff members and other

36 stakeholders from dressing or otherwise Firstly, to encourage people from the expressing themselves according to trans community to apply for jobs in your their gender identity or expression; organization, a company must advertise v. Refusing to respect staff members that it is an equal opportunity employer. and other stakeholders’ gender identity It must also show that it encourages or expression; those from gender and sexual minorities vi. Intentionally and/or persistently to apply for job postings. One way to do referring to a staff member or other that is to avoid gendered language (such stakeholder by a name or pronoun as ‘He/She’). Using gendered language that either does not correspond to shows an unconscious bias shows that their self-identified gender identity or the company is not a trans-friendly work- expression, or is not in accordance with place. The company’s non-discrimination their expressed wishes; policies and gender or diversity strate- vii. Comments that denigrate or mock gies should be on the company website the gender identity or expression of and in job announcements (Human a staff member or other stakeholder, Rights Campaign Foundation, 2016). based on individually-held gender expectations. These comments can be Secondly, Shubha Chacko Of Solidarity directed to a staff member, be in refer- Foundation says that positive company ence to a staff member, or be directed messaging will only work if there is towards a category of people in general outreach to community organisations viii. Physical, verbal, or sexual that work with trans people. For exam- harassment; ple, in September 2018, Sodexo helped ix. Failure to hire, to promote, or to place Paras Thakur, a transwoman, in terminate a staff member’s contract a job at the administration section of of employment because of the staff a multi-national bank through TWEET member’s actual or perceived gender Foundation and Samjota Foundation. identity or expression. Paras says that it’s common for trans people to go through several rounds of The UN Globe guidelines also emphasize an interview and get rejected in the last on the need for public information round with no feedback or explanation campaigns through which all employees as to why. But if corporates and facilities know what it means to be transphobic management companies such as Sodexo and all trans employees know the course form a nexus with community based of action to take if they face discriminato- organizations, then the process of hiring ry behaviour. These resources should be trans people could be better facilitated. easily available to everyone.

Changing of policies is only the first step, there are several more milestones in this journey. Let’s take a look at the next one.

2. Active trans hiring efforts through HR Paras Thakur, the first trans woman to work for Bank of America in If a company is truly committed to the Mumbai. Picture from www.facebook.com/ourtweetpage cause, they will make active efforts Finally, the application process itself towards hiring trans people in their must be inclusive. The initial job organization. application filled out by the applicant

37 could contain the following gender of protecting the employee’s anonym- categories: Male; Female; Trans; ‘I prefer ity in the organization. Often, a trans to self-identify as’. The job applicant employee does not want to be known could specify one’s gender identity as a transgender person. In many states, on an optional basis - companies such changing some education-related docu- as Infosys and Goldman Sachs have mentation is difficult, and the HR needs gender as a non-mandatory category to be specifically told that the employee (Community Business, 2012). In addition, does not identify with the gender written the job application could ask the appli- there. In such a case, a few people in cant for their preferred self-identified HR may be notified, but under strict name, gender, and pronoun. During the instructions for the employee’s identity application process, the job applicant as a person of trans experience to be shall be referred to by the self-identified kept confidential. Vihaan emphasizes that name and pronoun, as well as for the the HR team in charge of documentation announcement upon selection. must see the creation of records and ID documents all the way through, because “The Gazette notification which there may be a third party in charge of it is required to change your name that will not factor in missing documents. and gender on all identification He also adds that many states mandate documents is the toughest to a medical screening to ensure that the get. Some states like Delhi and person has medically transitioned so as Kerala are making it easier, to qualify as a trans person. Since this however majority of the states violates the dignity and privacy of the still function in violation of the individual and completely misunder- stands what it means to be transgender, NALSA judgement. If a company he suggests that a legal affidavit be believes in inclusivity, the person procured, because this would let the can be employed based on a company change the name and pronoun notarised affidavit declaring for all communication purposes and it their name and gender and then is fairly easy to get as well. The legal affidavit also allows one to change their the company can further assist gender on their Aadhar card without a them in applying for the Central gazette notification. Gazette notification.” - Sandeep Nair, Community Business The privacy of the individual applying should be of utmost importance, the candidate must decide whether to disclose one’s trans status and history or not. There should be protection from non-consenting disclosure of trans history, because for some individuals their trans history is a part of their past and it’s an individual’s choice to disclose it or not (Stonewall, 2016). Disclosure or non-disclosure should not be grounds for dismissal under any circumstances (UN Trans activist Vihaan Peethambar. Picture from www.youthkiawaaz.com GLOBE, 2018). In addition, those involved Vihaan Peethambar, an LGBTQI activist in recruitment must be aware if they are and trans man, spoke of the importance making choices based on a candidate’s

38 ‘gender appropriate’ dress code as well as has a gender specific dress code - then a the gendered perception of a candidate’s trans person should be allowed to dress tone of voice. Recruiters must also be in accordance with their gender identity trained in how to interact with references or gender expression (Human Rights that may have known the candidate Campaign Foundation, 2016). before their transition (Humsafar Trust, 2018). To sum it up, below is a brief list that the Human Resources department needs Jiby Joyce (Community Business) adds to take into account while drafting its that the D&I department must collaborate anti-discrimination policy for LGBTQ with the Learning and Development team employees. to identify the employees directly involved in interviewing and hiring- especially bulk i) Gender expression: Ensure that hiring. They could then have workshops gender identity, gender expression and (either internally or with the help of an similar terms are prohibited grounds for external vendor) that train these selected discrimination. employees on what it means to be trans- gender, what it means to be inclusive, and ii) Dress code policy: Do not apply dress how to recognize unconscious bias and codes to off-duty conduct. Consider eliminate it from their interactions with adding a provision that workers may dress potential trans employees. They could do in accordance with their full-time gender this through mock interviews – Jiby adds expression. that these would ideally show them how to identify skills in the candidate without iii) Making policies and benefits gender involving gender identity. Once they are neutral: Workplace harassment policies scored on a certain set parameters while should be gender neutral. Gender neutral doing a mock interview, those interviewers adoption leave and same sex partnership who get a passing score would be certified benefits should also be made available. by the Learning and Development team. The organization should not deny bene- fits on the basis of gender identity or Background checks should be conducted expression. Transgender workers’ spouses, in full respect of the rights and dignity of domestic partners, children and step-chil- the applicant, and in full confidentiality. dren should be offered the same benefits An applicant’s previous name or gender as those offered to family members must not be disclosed against their wishes of similarly situated non transgender under any circumstances - even if these workers. changes occurred in between employ- ment (UN GLOBE, 2018). Nirmala Menon iv) Diversity and inclusion initiatives: Trans of Interweave Consulting, one of the people should be specifically included pioneering Inclusion solutions consulting in the organisation’s LGBT employee firms in India, says that hiring a group of resource group initiatives and community trans people is better as they feel more outreach efforts. comfortable airing grievances and have some support in the workplace from v) Correcting processes: Evaluate process people who have similar experiences. documentation, hiring and recruitment procedures for discriminatory treatment Ideally, a dress code should be gender of transgender people. Collaborate neutral - that is - the dress code should with community based organizations not be gendered (such as skirts for to conduct this analysis and carry out women, ties for men). If the company sensitization initiatives.

39 When it comes to the exit process, Amita arm of a major UK bank, says that role Karadkhedkar says that organizations models are of great importance in an will need to check the exact reason why organization, particularly first person employees leave the organization and accounts from trans role models. Intel take strict action if it has got to do with sensitises the company to trans people by discrimination (based on gender, sexual sharing the stories of trans Intel employ- orientation and so on). This will make ees from other offices in the world, or sure that no discriminatory acts go under from getting employees to interact with the radar. local trans people in Bengaluru.

These are simple changes in policy and Abhina Aher of TWEET Foundation process that can be changed and moni- suggests that trans people should be tored by the HR department. For change involved in the sensitization process. A to be organization-wide, we should look ‘human library’ method of storytelling closely at the third step. might get through to more people because many of the employees in an organization have probably never spoken 3. Sensitisation of existing to or interacted with a trans person – as employees a colleague or otherwise.

Once you have your anti-discrimination policy in place and you are actively hiring trans people, it is crucial to make sure that the existing employees are both aware of the changes taking place and sensitive to the new employees that come on board. Here are some methods that companies in India have been using with some success. i) Roundtables Roundtables and conferences allow senior Neelam Jain of Periferry. Picture from www.periferry.com/our-team leaders across the organization to discuss Anubhuti Banerjee, an IT Customer what steps they are taking towards LGBTQ Relationships Manager for Tata Steel as inclusion in their respective spheres. well as Amita Karadkhedkar, a Project IBM’s Global LGBT Council holds LGBT Delivery Manager at a captive of a major Roundatables, which are diversity training UK bank have conducted workshops in programmes for IBM representatives from their respective companies. They do not all around the world. A senior LGBTQ speak for the Human Resources depart- executive hosts a discussion concerning ment, but as people of trans experience. everyone’s personal experiences with These workshops are conducted to tell diversity and inclusion. These sessions employees about the transition process help Indian managers understand how to and what should be expected of them. make LGBTQ employees feel comfortable Amita believes workplaces need to see and valued in the workplace. They are LGBTQ issues as mandatory discussions different from sensitization sessions that need to be had with everyone, not because in these Roundtables, best just those within the community. Strict practices are shared. HR policies need to be implemented when it comes to transphobic behaviour ii) First person accounts/workshops and making sure a transitioning employ- Chitra Sunder, Head of D&I at the Indian ee can take leave without being judged

40 by their senior management. She says, held misconceptions to be clarified. “When it comes to trans people, we If these training sessions are held by are visible entities, we can easily be people from the company, such as a spotted - you can’t wish us away by not manager, then employees might feel discussing issues and vulnerabilities that obliged to answer in ways that they feel we have. ” the manager would approve of. Shubha (Solidarity Foundation) is of the opinion New employees should have a compul- that these sessions should be held with sory training module on gender identity external organisations, because people and sexual orientation. Nirmala Menon feel more comfortable asking questions. (Interweave Consulting) says that the Jiby Joyce (Community Business), says most common misconception held about that the Learning and Development trans people in corporate spaces is that team in an organization is responsible being transgender is a ‘choice’ that for the training and sensitization that people make. Since Gender Dysphoria is HR carries out – therefore they are the an invisible problem, people don’t accept key stakeholders in bringing about any it as a real issue. This is why sensitization change in organizational culture. Any is of utmost importance. diversity and inclusion initiative should involve them. She adds that sensitization sessions should be regular and not inconsistent, Employees should know about the ‘one-off’ events. It should also experi- bullying and harassment policies as well ment with different formats such as film, as what constitutes such behaviours, discussions, and so on. and how to report it if they witness it or experience it. These values should be Consultancies such as Community embedded into performance evaluation Business believe that sharing stories from and be positively reinforced as the the community and dramatic enactments organisational culture. Leaders in the are also effective in engaging employees. organisations should also be evaluated Interaction is important because people on the basis of their inclusion efforts have a lot of doubts about trans people, (The Humsafar Trust, 2018). and airing anxieties allows commonly

Parmesh Shahani, head of Godrej India Culture Lab in conversation with trans activist Gauri Sawant and UNDP policy analyst Zainab Patel

41 “India is very hierarchical, inclu- 4. Restroom infrastructure sion will only be successful if it While one aspect of the strategy is is top down and comes from the employee sensitization, another aspect is leaders. When someone at the changes in the physical infrastructure of top says something about inclu- the building. Trans people are frequently sion, others feel comfortable to denied access to washrooms or are made to feel uncomfortable or threatened in talk about it.” the washroom of their choice. Our take - Shubha Chacko of Solidarity Foundation on this echoes that of Sandeep Nair from Community Business who says gender iii) Pre placement sensitization neutral washrooms are better as opposed Introducing transgender individuals to ‘’ or ‘transgender’, because to the workplace might prove to be a those would create an obvious divide. culture shock. There are several aspects Trans employees that aren’t ‘out’ yet might to consider that one would otherwise not want to use a ‘third gender’ restroom, take for granted. Community Business whereas gender neutral washrooms are (2018) - citing Periferry, the social open to everyone. “If we are placing a trans inclusion startup working on transgender woman and they wish to use the female upliftment - writes that it is important to restroom, we need to make sure all the implement a pre placement programme women in that organisation are sensitised,” at the workplace. Three days post the says Neelam Jain, Periferry. Additionally, placement of a trans employee, feedback the HR team needs to reach out to the can be taken from both the employer Estate and Facilities department to see this as well as the employee. Then feedback change through, once they have secured can be collected once again after fifteen funding for this infrastructural change. days, and then three months. The feed- back must be continuously acted upon so as to bridge communication gaps and solve problems between the employer and the employee (Community Business, 2018).

Shubha Chacko (Solidarity Foundation) said that the trans employees would need help navigating the workplace because it is intimidating - security guards often do not let them in to the building. Policies should be made accessible and mandatory learning for all the employees in the organisation Trans activist Abhina Aher of TWEET Foundation and the Dancing (through company intranet, business Queens. Picture courtesy: Qgraphy training, onboarding material, training at However, Anubhuti Banerjee (Tata Steel) every promotional milestone). Everyone says gender neutral restrooms may working in the organisation, at every function as de facto male spaces, and level, needs to be sensitized. In particu- make both cis-women and transwom- lar, the trans person’s work team needs en uncomfortable because it is not a to be sensitized. safe space away from male gaze. She suggests that an organisation should have gender neutral as well as gender specific

42 restrooms, or single cubicle gender neutral workplace, people would often restrooms. Ritesh Rajani (IBM) says if the assume that it was the ladies’ restrooms are already gender segregated toilet, which not only lead to in a company, one restroom in the building can be designated as gender neutral. If the occasional awkward a company already has a PWD cubicle/ exchange, but also meant washroom (persons with disabilities), that that anyone wishing to use can be made a gender neutral restroom the gender-neutral facilities as well. It can prove to be discriminatory if wouldn’t necessarily know that this restroom is in a very removed part of the building or difficult to get to. It should they were there. be centrally located and easy to access. - Puja (Stonewall, 2016). Shubha Chacko (Solidarity Foundation) says that the term gender neutral does not convey inclusivity in the way that the term ‘gender inclusive’ might, so companies could consider using ‘gender inclusive’ instead.

5. Health insurance and medical benefits

Picture from www.mydoorsign.com The Humsafar Trust (2018) writes that As a non-binary person, who benefits offered to employees that presents in a more masculine concern spouses and partners should way, I find using the bathroom be valid for partners of the same sex. Adoption leave and maternity/paternity anywhere that doesn’t have leave should apply to mothers, fathers gender-neutral facilities a pretty and co-mothers, and to co-fathers. daunting experience at the Particularly in the current legal best of times, and it’s become scenario, cohabiting partners should something that I try to avoid as be considered equivalent to spouses when it comes to health insurance. The often as possible. Consequently, workplace should also provide for HIV having a gender-neutral toilet care and treatment to all employees at work has made a significant (including PrEP) (Humsafar Trust 2018). impact on my everyday life, simply by taking the stress out On reconstructive versus aesthetic procedures, the WPATH Standards of of something as basic as going Care (2011) has this to say: to the loo. It’s worth noting that “While most professionals utilising appropriate signage is agree that genital surgery and incredibly important – having mastectomy cannot be consid- ‘Toilets’ on the door is not ered purely cosmetic, opinions enough, it needs to explicitly say diverge as to what degree other ‘Gender Neutral’ or something surgical procedures (e.g., breast along those lines. I did find that augmentation, facial feminization when this wasn’t the case at my surgery) can be considered 43 purely reconstructive. Although • Dental Treatment expenses that do not it may be much easier to see a require hospitalisation phalloplasty or a vaginoplasty as • Treatment of Sexually Transmitted Diseases an intervention to end lifelong • Aesthetic Treatment/Surgery suffering, for certain patients • Hormone Replacement Therapy an intervention like a reduction rhinoplasty can have a radical Other companies, such as Godrej, handle and permanent effect on their the reimbursements in-house. The limit of the reimbursements is guided by the quality of life, and therefore is Medical Benefits scheme for employees. much more medically necessary Similar to the medical scheme – there is than for somebody without a 10% co-pay on each claim. Whichever Gender Dysphoria.” route is followed, we agree with Neelam Jain from Periferry when she says that In the Indian context, companies must providing for transition procedures is initiate a discussion with their existing one of the best things a company could insurance providers to make sure they do for the trans community – one of the don’t categorise gender affirmation biggest needs for the community is a surgery and hormone therapy as cosmet- feeling of alignment with their gender ic procedures. Ideally, the insurance and their body. The medical criteria for company should include gender affirma- undergoing these procedures are present tion procedures and hormone therapy in in the WPATH Standards of Care for the their coverage. Health of Transsexual, Transgender, and Gender Nonconforming People (2011), and Orinam and Diversity Dialogue’s it can be implemented in any company. It ‘Supporting Gender Affirmation: Towards outlines how many referrals are required Transgender+ Inclusive Workplaces in for a particular procedure and the medical India’ (2018) suggests that employers use protocol to be followed. the IRDAI (Health Insurance) Regulations, 2016 to strengthen their case with their Below is a list of procedures that should existing insurer. (http://www.dhc.co.in/ be covered in an ideal insurance policy uploadedfile/1/2/-1/Guidelines%20on%20 according to Out and Equal Workplace Standardization%20in%20Health%20 Advocates (2015). Insurance.pdf) Feminizing—Non-surgical It states- “Insurers, however, may • Specialized Behavioural Health Therapy endeavour to cover all or some of these for Gender Dysphoria, including items or design add ons or optional individual and group sessions covers for them. Such generally excluded • Hormone Replacement Therapy items which may be covered by insurers • Voice and Communication Therapy are mentioned in Annexure I of these • Facial/Body Electrolysis Guidelines.” • Facial/Body Laser Hair removal As listed by Orinam and Diversity Dialogue (2018), some of these items in the Feminizing—Surgical Annexure are: • Scalp Hair Reconstruction • Infertility/Subfertility/Assisted (including both crown and Conception Procedure hairline reconstruction) • Psychiatric and Psychosomatic • Scalp Advancement/Hairline lowering Disorder • Forehead contouring/ Brow burnishing

44 • Brow Lift that will come up and take advantage of • Blepharoplasty these benefits. The fact that the company • Rhytidoplasty is being inclusive and providing equal • Rhinoplasty benefits to everyone is far more important. • Cheek enhancement/reduction • Upper lip reduction/enhancement • Genioplasty, feminizing • Jaw Contouring • Liposuction of neck • Tracheal Shave • Breast Augmentation/ Augmentation Mammoplasty • Suction-assisted lipectomy/ body contouring • Penectomy • Orchiectomy • Vaginoplasty • Clitoroplasty • Vulvoplasty • Labiaplasty Ritesh Rajani, HR Diversity Engagement Partner, Asia Pacific - IBM Picture from www.twitter.com

Masculinizing—Non-surgical HR must be sensitised to trans healthcare • Specialized Behavioral Health Therapy issues and institute policies on how to act for Gender Dysphoria, including on them. For most trans people, physical individual and group sessions examinations and health records will • Hormone Replacement Therapy disclose their gender identity. This makes • Voice and Communication Therapy trans people highly vulnerable to discrimi- nation and violence - if the medical profes- Masculinizing—Surgical sional is prejudiced they may even breach • Forehead Lengthening confidentiality (UNDP, 2013). • Forehead Augmentation • Cheek Augmentation • Nasal Augmentation • Genioplasty, masculinizing • Thyroid Cartilage Enhancement • Mastectomy • Suction-assisted lipectomy/ body contouring • Hysterectomy/Oophorectomy • Reconstruction of the fixed part of the urethra • Metoidioplasty • Phalloplasty • Vaginectomy • Scrotoplasty Nyra Dsouza. Picture from indiaculturelab.org/blog • Implantation of erectile or testicular Nyra D’Souza is Godrej’s first trans prostheses employee and works in Corporate Human Resources. She says that there is a dire Ritesh Rajani (IBM) says that it is import- need for trustworthy medical profes- ant not to dwell on the number of people sionals for the trans community. It is

45 often difficult to undertake the transition should be treated the way any import- process or various medical procedures ant life event is treated in the work- without counselling or guidance. The place. There should be a protocol and company could compile a resource/ adequate support from the organisation. referral list of trained doctors and psychi- atrists, counsellors, psychologists who There are three aspects to transition- have experience in the field of Gender ing, as outlined by the Human Rights Dysphoria and are well versed with Campaign Foundation (2016) and The the process of transition. Humsafar Trust (2018).

Many trans people do not fit easily Expression within the sex-segregated categories of This would involve a change in name, women’s and men’s health conditions. pronoun choice, and appearance (dress For example, trans women may require and/or cosmetic modifications). Change prostate examinations and some trans in vocal tone is also something employ- men still require cervical smears. Trans ees should be mindful of. people have died after being denied access to such services (United Nations Medical Development Programme, 2013). There are medical procedures that align one’s physical body with one’s gender identity. This would include hormone 6. Support system for replacement therapy for secondary sex employees transitioning characteristics (testosterone for trans men, estrogen and testosterone block- in the workplace ers for trans women). It also includes Let us assume that you have implement- FtM and MtF gender affirmation surgical ed all the above steps and created a procedures. trans-friendly work environment. You still To understand therapies, procedures need to realize that there are different and hormone treatments, refer to the phases in a person’s transition process. Standards of Care for the Health of A company might hire an employee that Transsexual, Transgender, and Gender- has already transitioned, or they might Nonconforming People (2011). It can be hire an employee that is in the process of found here in Appendix A. transitioning or intends to transition. This section is dedicated to understanding Legal what this means and how your organi- Legal changes would include changes to zation can empower your employee to company documentation and records, undergo a smooth transition. and identification documents such as passports, Aadhar, PAN card and It is important to remember that when driver’s license. an individual chooses to transition, the organisation also transitions along with The following are the steps to be taken them. A set of flexible guidelines helps when an employee chooses to transition: the individual, their work team, as well as their employer understand the roadmap i. Having the conversation for gender transition, and it can be suited Having a point of contact to speak to the specific needs of the individual. It to about the employee’s intention to is important to note that there is no one transition is essential. According to way to transition and it is an extremely Out and Equal Workplace Advocates personal process for people - and yet, it (2015), persons to include in a support

46 team include: For those who are involved in supporting - The employee’s manager the transitioning individual: - Their HR representative - An Employee Assistance Programme - Be open minded and listen carefully to resource (Companies must also ensure what the individual has to say. EAP provides help for - Become familiar with the company’s gender identity issues) policies on trans people. - A member of the company’s LGBTQ - Read available educational resources Employee Resource Group on transitioning in the workplace. - A Representative from the office of - Show that you understand, explain your Diversity and Inclusion questions and seek their opinion on how - Someone in the company who has the process will take place. already transitioned - Respect their wishes to keep the process confidential or inform the work If the company’s D&I team is involved in team in the manner that they wish to. this inclusion effort, somebody from their department could be appointed as a ii. Charting a timeline gender transition liaison, so that employ- A rigid timeline is not recommended, ees know they must be spoken to first to as each person transitions differently initiate the transition process. In another and it should be taken on a case by company it could be a trans employee case basis. However, charting a tentative who has already undergone medical timeline with the support team helps to transition that takes the lead on guiding put HR processes into motion, as some someone through the process. Everyone milestones can be planned accordingly so in the company should know who the that the process is smooth. gender transition liaison is. - What the period of medical leave will be, when it will begin and who will act Ideally, all the above people should go as backup for the employee. through a sensitization module about the - When particular medical procedures transition process and know of medical will take place. professionals to point the employee - Whether the employee would like to towards. Neelam Jain says it is absolutely relocate to a different office after their necessary to make sure the employee in transition and when this change should question is offered psychiatric help so be effected. as to ensure they are ready for medical - When the employee will begin to transition. They might have Gender present themselves in accordance with Dysphoria, but sometimes they may not their gender identity. be prepared for the procedure yet. The - When/Whether the work team will be Employee Assistance Programme should informed about the transition, and the also be sensitive to people dealing with manner in which they will be informed. Gender Dysphoria. - When the change of name and photo- graphs in documentation and “The transition process is ID will occur. long and complicated- it is - How long these changes will take both medical and social and it in terms of HR processes (changing company directories, online references). requires coordination with the HR team.” iii. Telling co-workers - Zainab Patel, Following the first conversation, a activist meeting with co-workers that have

47 close contact with the employee is the same appearance standards as best way for clear communication of other employees with similar the individual’s transition into their new responsibilities. Customer pref- gender role. This should ideally occur before the individual begins to present erence is not a reason to deny themselves in their new gender role. They an employee the right to dress must be acquainted with the organi- consistently with their gender sation’s policies and respect the fact identity.” that the transitioning individual will be presenting themselves differently. They - Out and Equal Workplace must also be told the importance of using Advocates, 2015 the individual’s new name and pronoun in all communication - in emails, in written The Humsafar Trust (2018) writes that communication, orally and informally. It companies often don’t make this code is not advised to inform the co workers compulsory for their suppliers and about the transition via email, a face to vendors (eg. places from where the face meeting is preferable (Out and Equal organization orders office supplies, Workplace Advocates, 2015). goes to for catering, hires for cleaning, any company from which it outsources A workshop should also be conduct- services etc.). If vendors take a trans- ed - preferably by an organisation that phobic or homophobic stance, the works with transgender individuals company must re-evaluate their rela- and is familiar with how to sensitise tionship with them. individuals to the transition process (Out and Equal Workplace Advocates, 2015). v. What about “water cooler” Senior management should also express conversations? solidarity and be supportive of the Non-work related conversations among employee- they could do this via letter co workers often revolve around gender or memo. This makes the employee feel and sexuality - especially when they more accepted and avoids discriminatory involve childhood, relationships, part- backlash from their co workers. Senior ners, family, and sex. Discussing these management’s endorsement goes a things in casual, informal conversations long way in making a company truly is inevitable. However, transgender committed to inclusivity (Human Rights employees may feel uncomfortable Campaign Foundation, 2016). indulging in these because even casual conversations mean they have to ‘come iv. External stakeholders out’ to people in some way, as they External individuals such as customers might reveal the fact that they are trans. should also be within the ambit of individ- Using inclusive language, avoiding uals sensitised to the company’s policies. assumptions about how people identify Anti-discrimination should be embedded would help a trans person feel comfort- in the messaging of the company, so that able revealing aspects of their lives. It if customers interact with trans people, would help them participate in conver- they are aware of the company’s stance. sations without the fear of backlash or judgement. Working relationships “Transgender or gender-diverse are important to how productive an employees who are tasked with employee is, so fostering this culture in engaging with external custom- the workplace is of great importance (Human Rights Campaign Foundation, ers or suppliers are held to the 2016).

48 7. Formation of an employee also important to show the employees resource group visibly successful role models from the trans community. This is so that the While you are ensuring that necessary existing LGBTQ employees see a roadmap policies and protocol are being put into for success, and the other employees see motion, consider starting an Employee that successful people within the commu- Resource Group for the LGBTQ commu- nity exist. Community Business’ Rashmi nity in your company. In India, Employee Vikram and Sandeep Nair emphasized on Resource Groups (ERGs) are leading the importance of creating champions the way in starting conversations about and having ‘out’ leaders so as to empow- transgender inclusion. er LGBTQ employees to lead in their organisations. These leaders will create an inclusive environment and facilitate access for other employees like them.

The Humsafar Trust (2018) writes that reverse mentoring (junior employees who are part of gender and sexual minorities interacting with senior employees and sensitizing them) and volunteering with community organisations can go a long way in showing employees the on-ground The launch of the Tata Steel ERG in , May 2018. realities with the LGBT community in Picture from www.gaylaxy.com India. Especially in countries where coming out has high stakes attached to it, ERGs are Ally Support providing the necessary visibility for An ally is any person who does not members of the LGBTQ community to identify as LGBTQ, but is supportive of feel comfortable at the workplace. The and helps drive LGBTQ equality. They Humsafar Trust (2018) writes that ERGs may have many different reasons for function as forums to connect like-mind- being passionate about LGBTQ equal- ed people, and if they are formalised, ity, for example, they may have family they receive support and sponsorship members and friends who identify as from the company. They can also tap into LGBTQ. Conversely they may have no HR metrics such as retention, attraction, direct contact with the LGBTQ communi- and career development and engage- ty, but still feel a commitment to equality ment. They also help in recruitment to in general which drives their work as an attract people with similar ideologies ally (Stonewall, 2017). Shubha Chacko and values. When it comes to marketing (Solidarity Foundation) believes that a it helps gain insight into consumers and buddy system would help a trans person previously unexplored market segments. navigate the corporate setting better, as Even if this network is virtual (as this is it is often unlikely that they have been safer in some countries), then it proves exposed to one before (teach them how to be a fantastic opportunity for business to use a coffee machine, how to use a and networking. printer - tasks that even freshers would have trouble with). Often, corporate Many organisations also invite speakers spaces are extremely gender segregated and conduct sessions with role models - for example, women and men may eat and leaders in the community. Nirmala lunch separately. A buddy would help the Menon (Interweave Consulting) says it is new employee navigate this grey area.

49 individual employees to ‘opt out’ of certain postings without any negative conse- quences to their career – in case there is danger of anti-LGBTQ sentiments in a par- ticular place where they are posted. Other than that, this model does not challenge the local laws or norms. The Embassy model allows for pro LGBTQ policies in the company itself, but the company does not advocate for the community publicly. In a sense, it creates a safe space for the com- Intel ally awareness campaigns. Picture from outandequal.org/app/ munity within that corporate regardless of uploads/2017/11/C-Moulee-Talking-LGBT-Diversity-in-India-.pdf what the local legal scenario is. Many com- Neelam Jain from Periferry, a social panies functioned along the lines of this inclusion start up working towards the model before the ruling against Section employment of trans people, says that 377 in 2018. What we are focussing on the organisation could form an ally is the Advocate model – it attempts to group. This means identifying a team of create a more accepting environment 4-5 people who really care for the cause, for the community even outside the and sensitising them in particular. From organization. While homosexuality is now there onwards, they can look out for decriminalized, society has a long way the trans employee should there be any to go. Companies can publicly present doubts or problems with adjustment. themselves as advocates for the com- munity by providing financial support to community organisations and events, 8. Robust advocacy of your such as the yearly sponsorship of the trans policies both within and KASHISH Mumbai International Queer outside the company Film Festival. It raises the profile of the company and supports LGBTQ culture in Once you have done all this, we believe the city. that an inclusive company can now function as an advocate for the commu- Nirmala Menon (Interweave Consulting) nity. Jiby Joyce (Community Business) also insists that companies must consider says that one of the key components the career development of the trans of making a workplace truly inclusive individual. If possible, they could repre- is communication – both internal and sent the company in external forums, as external. Involving the Marketing team this will empower them and send out the in all inclusion efforts will expedite this right message for the organization as an process. The company website must advocate. mention that they are equal opportunity employers and include all the benefits Advertising can also play a role in and initiatives they take to this end. changing mindsets about LGBTQ families Using pride colours on the website or on and non-normative gender identities. social media handles connotes visible Jiby Joyce says that there should be allegiance to the community. ongoing communication in the office build- ing as well. For example, the Aravani Art Hewlett and Yoshino (2016) write that Project, an artistic collective of people there are three approaches a company who identify as transgender, uses public can have towards their LGBTQ employees. art as a form of social intervention. Their The “When in Rome” approach allows art is often present in office buildings as

50 an effort to start a conversation about expensive. The company could help the the trans experience in the workplace. trans employee find secure housing. This sort of internal messaging sends out a clear message to employees- that trans identities are as much a part of our culture as cisgendered ones are.

Urmi Jadhav of TWEET Foundation and The Humsafar Trust Picture from www.tweetindia.org

The women of Aravani Art Project at We the Women 2017 “I was not given any reason for the Picture from indiaculturelab.org landlady asking me to vacate the apart- Moreover, once inclusive policies are ment. But, some other society members implemented, it is extremely beneficial verbally told me that the only reason for a company to then brand this policy. behind it was that I am transgender. I A launch event for a certain set of poli- have faced this many times in the past 15 cies, a publication (like an internal LGBT years.” (Mantri, 2017). newsletter), or an employee resource group spreads awareness about these Commute initiatives in the organization. Inviting A company may go to great lengths clients to these events might also prove to further inclusion, and yet it will only to be beneficial from a business point succeed in providing an enclave for of view. the trans person, because there is no control over the discrimination that happens outside of it. Shubha Chacko 9. Being mindful of trans (Solidarity Foundation) cites the buses in Bengaluru as an example. Women employees’ particular sit on one side and men on the other. circumstances In such a situation, a trans person might face judgement, discrimination Housing or harassment. Shuttle services or a Urmi Jadhav, research associate at carpooling policy like Thoughtworks’ Humsafar Trust, had to vacate her rented could prove to be helpful for the apartment because the society and the employee. landlord felt that a transgender person should not live in their society. Many of Documents and qualifications the trans people working for Kochi Metro Urmi Jadhav, says that most companies too had difficulties with paying their rent have very high expectations from their or finding a place that provided housing trans candidates. They should relax to trans people (Mantri, 2017). Several their criteria and evaluate skills such as trans individuals we spoke to brought up communication and presentation if they the issue of not being able to pay their truly want to further inclusion in the rent because hormone therapy was so company. Nirmala Menon too emphasises

51 the need to measure skills and not qualifi- advice when it comes to procuring these cations. The educational qualifications of documents. the candidate are not always in order, so the organisation should make exceptions. Shubha Chacko explains that educa- tional qualifications are hard to come by because they often have to drop out of schools and colleges due to violence or discrimination. Project Vayati, which is a collaborative project by Interweave Consulting and Solidarity Foundation, works towards helping transgender people find jobs in the formal sector. The areas of employment involve skills such as data entry, mailroom administration and security or facility management.

The company should collaborate with other organisations to assist with skilling efforts. Urmi suggests placing the employee on a 2-3 month training period to make sure they learn the Kusuma, a trans woman, is placed in IBM Bangalore by skills necessary for the job. Neelam Solidarity Foundation. Picture from www.facebook.com/ SolidarityFoundationBengaluru says internships work well as a 1 month probationary period. The company just Bank accounts needs to provide the necessary envi- Zainab Patel suggests that if a company ronment for growth. This functions as a has a financial institutions they’re tied up good testing period for the candidate with, then they could help trans people as well as the company - the candidate open a bank account. The private sector sees if they like the environment or not is not strictly mandated to help with and the manager isn’t worried about documentation, but they could help how the company’s image is affected if a them reach out to institutions or give trans individual leaves the organisation. them sufficient time to procure those It can be assessed to what extent the documents. person brings skills to the job and to what extent they have to be trained on the Without consistent monitoring, anon- job. Srini Ramaswamy, head of Diversity ymous surveys, and frequent policy and Inclusion at Cisco, also speaks of the reviews (that could be carried out with benefit of internships - the company can the help of an LGBT ERG or Network), work on filling any gaps that the indi- trans inclusive policies and culture will vidual has brought up or any difficulties not be sustained. Partnering with organ- they have experienced. This shows the isations that support inclusion efforts trans community that the company truly will provide companies with the required practices what they preach. expertise. The company could also help the trans person arrange for necessary documents For the detailed process of legal docu- such as a PAN card or Aadhar card. mentation change, refer to where the Aditya Batavia, an HR professional says TWEET Foundation offers a step by that the company could write to the step walkthrough of the procedure in Income Tax department or provide legal Appendix B.

52 Networking These meetups have been held across 9 cities in India as well as Melbourne, A lot of networking is taking place Thailand, San Francisco, Seattle, New York between companies and LGBTQ organiza- and London. Through these meetups, over tions in order to share, find solutions and half a dozen organizations have started also to locate LGBTQ-friendly companies their Pride ERG chapters. They can be and services. These are just some of the followed on https://www.facebook.com/ forums in which these discussions are PrideCircles/ happening: 4. The Delta App 1. Community Business’ D&I In India Best (http://thedeltaapp.com) Practice Benchmark & Awards 2018 The Delta Network works towards Community Business awards are annual eradicating inequality. The Delta Equality awards that recognise excellence in D&I Pledge, which aims to create an inclusive practices among companies in India. It environment that: honours the best companies and is a good • Is a safe space and free from any form resource for Business leaders, HR, D&I of discrimination on grounds of gender, professionals, employee network leads and sexual orientation etc. all those who are committed to promoting • Encourages the recruitment, retention diversity and inclusion in corporate India. and development of talented people Read about their 2018 India awards here from the LGBTQ community https://www.communitybusiness.org/ • Provides access to support if/when an programmes-campaigns/di-india-best- adverse incident takes place. practice-benchmark-awards-2018 The pledge can be signed and submit- 2. Out and Equal Conferences ted by any establishment or company (http://outandequal.org/) here: https://www.thedeltaapp.com/ Out & Equal Workplace Advocates is a the-delta-network/ This creates a network nonprofit organization that works towards that respects and empowers the LGBTQ LGBTQ workplace equality by partnering community. Park Hyatt Chennai, Hyatt with Fortune 1000 companies and govern- Mumbai, MissMalini, WeWork, UrbanClap, ment agencies to promote leadership Lalit Hotels and Olive Group have already development, research and training so signed this pledge. as to eradicate discrimination from the workplace. They host the annual global 5. The Keshav Suri Foundation Workplace Summit to share best prac- for LGBTQ Empowerment tices and strategies involving workplace (http://keshavsuri.foundation) equality, and they also host forums in India The Foundation seeks to provide a with roundtables and panel discussions platform to the LGBTQ community, work from leading voices in the field. towards employment and skilling of the LGBTQ workforce and also to sensitise 3. Pride Circles in cities across India workplaces about diversity and inclusion Pride Circles build a community of practices. At its first National Dialogue in individuals who are passionate about October 2018 ‘Queering the Pitch – Agents LGBTQ inclusion in the workplace. Their of Change’ the discussions involved stake- ‘Pride Circles’ are monthly meetups that holders from NGOs, Corporate India, the provide an informal space for change- legal fraternity as well as politicians talking makers to discuss their inclusion about their role in making the country strategies, share coming out stories and more inclusive. collectively push the bar on inclusion.

53 6. The Mission for Indian Gay and Lesbian works on gender and sexuality advoca- Empowerment (MINGLE) Summit cy and research. The online locater is (http://mingle.org.in) launched in collaboration with Grindr for MINGLE is a non-profit think tank consist- Equality and SAATHII. It aims to bridge ing of lawyers, academcians, professionals the gap between legal, sexual health, and students from diverse disciplines and mental health services and the queer that partners with community based community in various sectors. This is organisations, corporates, and educational particularly useful for trans people and institutions to bring about inclusivity. their access to healthcare.

The MINGLE Youth Leadership Summit is an opportunity for LGBT-identifying youth to find a platform, interact with one another and other LGBT role models from various fields in India. The Summit aims to inclulcate leadership skills, team building and interpersonal skills among the select- ed participants.

7. Varta Trust Online Locator for Queer Friendly Services (www.vartagensex.org/reachout.php) Launch of Varta Trust, online locator of queer friendly health and legal service providers in India. The Varta Trust is based in Kolkata and Picture from twitter.com/vartatrust

Madhuri Sarode from India’s first transgender dance troupe ‘Dancing Queens’ performing at Godrej India Culture Lab, 2017

54 55 56 Nayana Udupi (Thoughtworks), Amita Karadkhedkar and Anubhuti Banerjee (Tata Steel Ltd.) at the 2018 Out and Equal Summit in Bengaluru, each of them leading the way for trans inclusion in their companies.

A manifesto for trans inclusion in the Indian workplace Part 4. Case studies and resources you can use

“I can finally bring my whole self to work, and I feel I belong, which is the most motivation one can ask for. I have been able to start a discussion at my workplace about LGBT issues.”

-ANUBHUTI BANERJEE Manager Analytics and Insights (Marketing and Sales), Tata Steel Ltd.

57 In this section we present some case terms of publicity, it also functioned as a studies of what we feel are milestones in “significant symbol of the modernity of India’s trans inclusivity story, and we hope Kerala’s outlook as a State, with the visi- it inspires more organisations to make ble third sex presence in the public utility their workplaces inclusive. In case you sending an important message to society want to share your own organization’s at large”, according to Kerala’s Finance journey with us, please do so and we will Minister Thomas Isaac (The Hindu, 2017). include it in future iterations of this paper. Kerala was also the first state to formu- late a transgender policy to protect the When it comes to diversity and inclusion community from discrimination in 2015 in India, we were happy to realize that all (Indian Express, 2015). companies are extremely open to sharing resources and helping others on their However, the publicity did the new journey to inclusivity. Many managers employees more harm than good. and Diversity and Inclusion professionals Allegedly, newspapers published some from across India have come together of their photographs without their to share best practices on the Facebook permission, and now their identity can group ‘Community for Pride’ – do join this no longer be a secret. It has complicated group if you would like to be a part of this their relationships with their families. movement. Moreover, they reported harassment on the job, as well as the inadequate salary Case studies and not being able to pay their rent. The lack of gender neutral washrooms is also 1. Kochi Metro a source of discomfort. As most trans- gender people avoid public transport to circumvent harassment, commuting becomes costlier because they have to depend on taxis and autos or use their own vehicles (CK, 2018). Within a week of the Metro’s launch, eight of the trans hirees had quit (Babu, 2017; M.K., 2017).

“Though there are many vacant houses for rent, the owners refuse to hire it out to us. We’re forced to stay in lodges cough- ing up over Rs 600 per day. The problem of finding a shelter turned out to be an Kochi Metro hired 23 trans employees and is now working on unexpected issue,” said Sheetal Shyam, a making KMRL more inclusive. Picture from www.livemint.com ticketing officer (Deccan Chronicle, 2017). Kochi Metro’s move to hire 23 trans people from the self help group However, KMRL is working on feedback Kudumbashree in housekeeping and and trying to retrace their steps. “We ticketing earned national as well as inter- have arranged for rooms in a hostel in national attention. It is the first govern- Kakkanad, about 10km away from the ment owned company in India to formally metro station they work at. Twelve of appoint them. Many rounds of on-the-job them who need accommodation have training were conducted- the new recruits agreed to move into these rooms by were introduced to the various facilities, July 1. KMRL will also be providing them trains and metro stations as part of with a transport facility so that they can their training (Economic Times, 2017). In report to work easily,” Reshmi, a KMRL

58 spokesperson told The News Minute 3. Lalit Hotels (Daily O, 2017). The Lalit Suri Hospitality Group stands To make amends, Kerala’s Social Justice out in the hospitality sector due to Department has proposed a toilet for its commitment to the UN Business transgender people at the KSRTC depot Standards of Conduct. All employees go in Ernakulam (CK, 2018). This goes to through sensitization programmes on show that only when a company hires LGBT issues (as well as those related to trans people can they learn from their persons with disability and mistakes and fix them, because inaction victims). Kitty Su, the nightclub, also and policies that simply stay on paper will hosts fashion shows and drag shows continue to leave the trans community in featuring those from the transgender the lurch. community (Kapoor, 2018).

The Lalit has drafted a policy document 2. VLCC, Hyderabad for hiring transgender employees. It includes basic processes such as all forms having the option of three genders, gender being a non mandatory detail to fill, gender neutral restrooms, and gender neutral communication. They have also hired transgender employees and placed them in positions of visibility in their establishments. The following organisational policies must be adhered Activist M Rachana at gender sensitization workshop in SR Nagar to (excerpt from policy document): VLCC branch. Picture from www.telanganatoday.com In 2018, VLCC trained nearly two dozen • Anti-discrimination policy: Make sure trans people to be assistant beauty gender identity, gender expression and therapists. They will be trained for jobs in similar terms are on the list of protected VLCC and other beauty and healthcare classes. firms in Hyderabad (ET, 2018). Assitance • Dress code policy: Do not apply dress would be provided for placement and codes to off-duty conduct. Consider they were given a stipend of Rs. 2000. adding a provision that workers may Most importantly, no educational dress in accordance with their full-time eligibility was required for this course. gender expression. CBOs such as Telangana Hijra Intersex • Benefits policies and offerings: Do not Transgender Samithi, Udbhav, Payana deny benefits on the basis of gender and The Humsafar Trust are collaborat- identity or expression. Employers ing with VLCC Institute for this skilling should treat transgender workers’ initiative (Dailyhunt.in, 2018). spouses, domestic partners, children and step-children in accordance with A gender sensitisation workshop was applicable laws, and they should offer held for VLCC staff at the SR Nagar the same benefits as those offered to branch in Hyderabad. Noted trans family members of similarly situated rights activists such as M Rachana, non transgender workers. Organizations Chandramukhi and Vyjayanti Vasantha should reword policies where needed to Mogli spoke about what it means to be ensure they are inclusive. non binary in India and trans identity • Diversity and inclusion initiatives: (Dailyhunt.in, 2018). Make certain that transgender workers

59 are included in the organization’s At The Lalit, trans employees are not affinity groups, local outreach efforts, only accepted, they are celebrated. For internal programming and related Kitty Su Mumbai’s third anniversary, Lady training. Bunny, New York’s oldest • Recruitment and selection processes: was joined by Lalit’s three transgender Review processes for possible disparate employees (Dalal, 2018). impact or treatment of transgender workers. Improve processes by educat- Soon after Section 377 was read ing recruitment teams, contacting down, the Keshav Suri Foundation was outreach organizations and conducting launched on October 13, 2018 during anti-discrimination analysis as needed. the first National Dialogue: ‘Queering the Pitch – Agents of Change’. The Maahi Suri is the PR executive for the Foundation seeks to provide a platform nightclub Kitty Su and also one of The to the LGBTQ community, work towards Lalit’s out trans employees. She said that employment and skilling of the LGBTQ she was almost about to resign from her workforce and also to sensitise work- job because of the chronic depression places about diversity and inclusion she was facing as a result of her Gender practices. It is the official affiliate of ‘It Dysphoria. She says of Keshav - Gets Better India’, the global platform “He offered me complete mental, for the LGBTQ community to connect emotional and financial support,” and empower each other. The objective of the Foundation is to empower each says Maahi. “He said, ‘Wear girls’ individual with counselling, role models, clothes to work if you want.’ and the skills to earn a livelihood. He even financed my move out of my house and into my own At ‘Queering the Pitch- Agents of apartment.” Change’, the discussions involved stake- holders from NGOs, Corporate India, -Maahi Suri the legal fraternity as well as politicians Keshav Suri says that hiring trans talking about their role in making the employees, investing in their talent and country more inclusive. welcoming them makes pays dividends in terms of job satisfaction and productiv- ity. The Lalit has hired and worked with nearly 35 trans employees so far. The Lalit has also tied up with ICICI Lombard to offer a group mediclaim policy for same sex couples, children born through surrogacy and single parents. “Every human being deserves to be treated equally, irrespective of their sexual orientation, caste or colour. Health is the most basic necessity for all humans, and as a leader I felt it was necessary to insure a healthy future for all our employees.” Keshav Suri with his mother Jyotsna at the launch of the Keshav - Keshav Suri (Konjengbam, 2018) Suri Foundation in October 2018.

60 4. Tata Steel Within transition support – individuals that undergo gender affirmation surgery Anubhuti Banerjee, an Analytics and can avail of ‘special leave’ outside of their Insights Manager for Tata Steel and its sick leave and privileged leave quota. first out employee is a visible role model There is also financial support offered to for LGBTQ people in Indian corporate the individual through reimbursement by environments. the company, for which there is a cap. Tata Steel has also created workplace The Diversity initiative at Tata Steel at the integration modules that can be easily time of her transition was supportive and deployed whenever someone comes out encouraging of her process of coming as trans in the workplace or decides to out at the workplace. The employees were transition in the workplace. accepting and understanding as a result of sensitization sessions conducted by The sensitisation is usually conducted by the Diversity team where they under- the diversity and inclusion team, but is stood what was expected of them. Post now conducted by HR. This training has transitioning, immediate colleagues of expanded from the Employee Resource the employee should be given special Group to all the business unit HR officers. resources and sensitisation. Anubhuti There is special emphasis on how to could also use the restroom that aligned handle the first step – this is because HR with her gender identity, and she was is often the first point of contact when granted a transfer to the Kolkata office an individual is coming out or wishes to from Jamshedpur, for better social and transition. medical support. Through the modules, the individual’s “Since then I have completed my colleagues and support staff are sensi- social, legal and medical require- tised to what is expected of them when ments of transitioning – all ably an individual transitions in the workplace. supported by my organization. Gender neutral washrooms have also I can finally bring my whole self been instituted in Tata Steel. While re-lo- to work, and I feel I belong, which cation happens on a subjective, case by is the most motivation one can case basis, it is provided if a transitioning ask for. I have been able to start individual requires it. a discussion at my workplace At the Out and Equal Workplace about LGBT issues.” Advocates webinar, Anubhuti lists the - Anubhuti Banerjee, 2018 following policy and infrastructural changes that are taking place in Tata In May 2018, Tata Steel launched its Steel: LGBTQ Employee Resource Group, led by - Same-sex partner benefits Anubhuti, under its Diversity and Inclusion - Gender neutral anti-harassment programme Mosaic. Since it is the first policies company under the Tata umbrella to have - Coverage of medical expenses of an LGBTQ ERG, it is expected to create transitioning (should it be required) a domino effect on the other companies, - Special leave for recovering from because almost a 100 executives from surgeries (up to 2 months) associated companies were present at - Single occupancy gender-neutral the launch. Tata Steel is now working on a washrooms transgender inclusion policy. - Moving towards gender-neutral

61 language Jamshedpur and Kalinganagar and mining - Company housing for trans people locations. These cities look up to Tata facing issues with accomodation Steel as the primary provider for jobs and job growth, seeing as it is the most trusted Through the sensitisation sessions at Tata brand in India. Therefore, if Tata Steel can Steel, trans-specific harassment was clear- set an example by hiring trans people, it ly outlined as mis-gendering, dead-naming would go a long way in changing societal of trans individuals and other uncomfort- mindsets. able comments and questions. The ERG Wings enjoys support from the Anubhuti says that it is wrong to assume highest levels of management and engag- that inclusion isn’t necessary just because es with the employees through mailers, there aren’t any ‘out’ trans employees in newsletters and events. The company’s the organisation. According to Brooks and onboarding material also contains infor- Edwards (2009), allies act as advocates mation about how the company is LGBT that confront discrimination through social friendly. action, organisational maneuvering, and speaking out against prejudice. Anubhuti The ERG is also written about and there adds that the absence of a group in a is an email ID specifically for LGBT issues. workplace that isn’t communicative takes Anything one would like to notify some- a lot of energy and productivity out of the one about will be handled confidentially. trans employee. “Many companies in India, mostly She also spoke of the necessity to MNCs or those in the IT industry, geographically diversify the ERG, or are leading various initiatives to centralise the ERG and have a meeting make their policies and work- every month for employees across the interested in LGBT issues or place LGBTQ inclusive. However, pushing for change in their field. She also Tata Steel is the first one from considers the possibility of teaming up the steel/manufacturing indus- Kolkata Pride and other such initiatives. In try to start an ERG for LGBTQ terms of productivity and talent retention, employees, and this will resonate Anubhuti says, “I can finally bring my whole self to work, and I feel I belong, throughout the country and which is the most motivation one can ask inspire other companies in India for.” In one instance, a candidate chose to lead similar changes.” Tata Steel over another company simply - gaylaxymag.com, 2018 due to the fact that it had an LGBT ERG and the other company didn’t. 5. Thoughtworks There has also been recruitment of trans individuals through their skilling Tina Vinod, Thoughtworks’ Diversity and programmes. Individuals trained in these Inclusion lead, says that Thoughtworks programmes are placed in other compa- has always been an ally to the LGBT nies as well. In 2018, five people from community and a partner to organisa- the trans community had been trained tions that catalyse change. Due to their and three of them are currently placed in partnership with the Bengaluru-based Tata Steel itself. Anubhuti adds that Tata Solidarity Foundation (an NGO seeking Steel is in the unique position of having to provide support to sex workers and an industrial colony in cities such as sexual minorities), Thoughtworks found

62 Nayana Udupi, their first out trans and decided to stop working with employee. that particular printer.

Earlier, Nayana had signed up for evening The Managing Directors of the company computer classes and was involved in also wrote an open letter against Section sex work so as to be able to pay for 377, expressing their support for the these classes (Udupi, 2017). Solidarity LGBTQ community (Thoughtworks, 2014). Foundation, on learning that she had The company has always had a gender some skills in programming, put her in a neutral restroom, and it also offers a five corporate training programme. month internship programme for individu- This is how she found her way to als from the LGBTQ community - Interning Thoughtworks. Tina says that when With Pride. Nayana joined Thoughtworks, she was very interested in design. However, since When they brought Nayana on board, she had learned it a very long time ago, there was a counsellor and a mentor her skills were a bit dated. The company to guide her through professional and then offered to fund her education in a emotional difficulties. Some of the things design school, after which she re joined that Solidarity Foundation introduced Thoughtworks and did some in-house into the work culture was not prying into design, but her job was that of a market- reasons behind the individuals’ transition ing associate. In this way, Thoughtworks and respect for their choices (Community invested in trans talent. Business, 2018). Nayana has now taken up the mantle of sensitising her fellow Solidarity Foundation also conducted colleagues and starting discussions about an office-wide sensitisation session for inclusion in the workplace. the other employees before bringing Nayana on board. Tina is of the opinion “Within the organization itself, that sensitization is the most integral part I have an informal newsletter- of transgender inclusion, right from the style exchange with all the work team of the trans employee to the security and housekeeping staff of the India offices on the latest news company. She says, “If you do not build and articles relating to the a work culture that truly cares about an LGBT community [...] I also equitable society from the leadership arrange screenings of films and to the grassroot level, then bringing in documentaries [...] Some of the a transgender employee will be a chal- lenge.” Nayana Udupi (2017) adds that- screenings leave my colleagues […] when uninformed external shocked and silent, while others vendors realize that I am trans- start engaging, become more gender and become disrespect- curious, discuss what they are ful. For instance, a printer that able to comprehend and how we were working with wouldn’t it leaves them feeling. Many respond to any of my communi- of my colleagues approach cations - whether over mail, call me individually to clarify their or messages, but they promptly doubts and I find it surprising responded to anyone else from that a lot of what they know are my team. My colleagues did not assumptions or old wives tales.” tolerate the vendor’s prejudice - Nayana Udupi (2017)

63 6. Third Eye Cafe 1. Online resources

Diversity Dialogues YouTube: www.youtube.com/channel/ UCvaMXVky0Lsn8Lagsi6wFjw Facebook: www.facebook.com/ DiversityDialoguesIndia/ Contact: [email protected] Diversity Dialogues is a collective that shares insights and knowledge relevant to multiple affinity groups working on inclusion across gender, disability, and the LGBTQ community. Their YouTube channel ‘Diversity Dialogues’ discusses everything from LGBT+ inclusive policies, health insur- ance for transition procedures, and how to be an ally in the workplace. They are @ Third Eye Café in Navi Mumbai has employed 6 trans employees DiversityDialoguesIndia on Facebook, and Picture from curlytales.com they can be reached out to via email on Third Eye café in Navi Mumbai has six [email protected]. transgender employees. Four are table attendants, one is in the kitchen and one Orinam.net works as the manager. Nimesh Shetty, Contact: orinam.net/contact owner of the restaurant says “I am not Orinam.net is a website that provides trying to sell the café through the trans- information and resources related to gender staff. I want to do it based on food alternate sexualities and gender identities. and ambience. This is just a platform for It arose from the LGBTQIA+ collective this community to get better jobs.” based in Chennai, Tamil Nadu. The site has resources for everyone – from friends Trans rights activist Gauri Sawant said and family of an LGBTQ individual to that while trans people would earn more schools, corporate workplaces, college from badhai or begging, this sends out campuses. It also provides information a message to employers to start main- for professionals from fields such as streaming the trans community in their media, law and healthcare. It also has an establishments (, 2017). archive of material on India’s journey with In the following pages we have compiled Section 377 and a blog that documents some resources you can use in order to queer voices and through poetry, fiction, find individuals and organizations that can opinion and reviews. help you on your journey towards trans inclusion. Orinam.net and Diversity Dialogues are curating a crowd-sourced directory of employers in India who are known to be transgender, intersex, non-binary or genderqueer (henceforth transgen- der+) friendly and inclusive. This list of employers will be published on Orinam. net accompanied with a resource guide for employers on building a transgender+ Many organisations and individuals are working towards a more inclusion framework. The name/identity LGBT inclusive India. Picture courtesy: Interweave Consulting of the submitters will be kept confidential

64 and not published (Orinam and Diversity transgender and hijra populations. Dialogues, 2018). Project Transcend, Humsafar Trust Survey: Website: humsafar.org http://orinam.net/trans-employer-survey Contact: +91 22 2667 3800 / Results of the survey: http://orinam.net/ +91 22 2665 0547 resources-for/workplace/list-of-transgen- [email protected] der-plus-inclusive-employers-india/ Project Transcend is an initiative by the Humsafar Trust supported by TransVision Sapient India. It is working towards the Channel: www.youtube.com/channel/ socio-economic inclusion of trans people UCYjwx0gcDp-C-uPZITPrbJg in India in the following ways: Transvision is a YouTube channel con- - Research and intervention into ceived by transgender activist Rachana the community’s needs Mudraboyina. It creates content written - Skilling and capacity building for as well as directed by trans people, trans people and it is meant to serve as a resource - Sensitization (corporates and that answers to common stereotypes educational institutions) and misconceptions about the trans - Making the channels for attaining community. Its Telugu web series called process documentation easier for trans “Aa Ee...Anjali” is dedicated to discussing people (PAN, Aadhar, bank accounts) all aspects of being a trans individual You can watch their video in India. It is being crowdfunded, but #PeopleNotLabels here: production is currently stalled due to https://www.youtube.com/ insufficient funds. Being a valuable and watch?v=PUIFQMLC4TI&t=40s. well produced resource in understanding It documents how Project TRANScend the trans experience, you can contribute is working towards empowering the at at https://www.wishberry.in/campaign/ community. transvision/ if you wish to. Solidarity and Action Against the HIV Infection in India (SAATHII) 2. Community-based Website: www.saathii.org organisations, non- Contact: +91 44 2440 3947/3663 governmental organisations [email protected] and advocacy SAATHII works towards advocacy, capacity building and research for the Alliance India prevention of HIV. They are also working Website: www.allianceindia.org towards expanding the access to health- Contact: +91 11 4536 7700 care, social, economic and legal services. [email protected] Among other projects, they have studied Alliance India is a non-governmental mental health and sexual minorities, organisation that works with civil society, access to education and livelihood in the government and local communities transgender communities and the trans- to protect vulnerable populations from mission of STIs among trans women. the threat of HIV. They provide capacity building, technical support and help Solidarity Foundation build community-based HIV programmes Website: www.solidarityfoundation.in to this end. Their programme Prayas Contact: +91 80 4099 0154 worked towards accessibility and avail- [email protected] ability of Pre Exposure Prophylaxis for Solidarity Foundation seeks to provide

65 support to sex workers and sexual with institutions to create strategies minorities in the country through towards inclusion, training leadership, fellowships, grants, corporate involve- sensitisation in the workplace, assess- ment, livelihood support, skilling and ment of the organisation’s unconscious empowerment. Project Vayati attempts bias and more. They are currently to bring trans people into mainstream conducting research on LGBT inclusion, employment channels by skill building focusing on the ally’s perspective; how and training. Based on the trans indi- organisations can implement LGBT vidual’s skills and interests, the Project inclusive policies. This research collates attempts to find gainful employment for and highlights best practices in the them. Their brouchure lists data entry, sphere and how organisational leader- mail room administration, security or ship can involve themselves in inclusion. facility management as possible areas of It also presents a business case for LGBT employment (http://www.solidarityfoun- inclusion. dation.in/post/project-vayati). They also ensure that corporates are cultivating Beyond Diversity also involves the right environment for trans inclusivi- researchers, policymakers, academicians ty in their organization. and other key stakeholders to provide insights and thought leadership into Queerala inclusion practices in the workplace. Website: queerala.org Contact: [email protected] Community Business Queerala is a community based organisa- Website: www.communitybusiness.org tion empowerment for Malayali LGBTIQ Contact: +91 99724 57182 people. It aims to support and empower Community Business is a not-for-profit queer individuals, spread awareness organization that works towards making about LGBTIQ people and their mental companies more inclusive by tackling and physical health issues and provide workplace inequality and promoting a platform for LGBTIQ events, art and social inclusion. It is based in Hong Kong other initiatives. It plays a big role in with a presence in India, and their focus connecting members of the community areas are gender, LGBTQ inclusion, to one another. It also acts as a valuable mental health and disability. They have resource when it comes to understand- also published various research papers ing the societal issues of LGBTIQ people on LGBTQ inclusion in India, many of and their inalienable rights through their which have been instrumental in writing dissemination of news and their com- this paper. The following publications mentary via their blog. They also seek to have proved to be valuable resources support and empower queer individuals in understanding best practices and in humanities streams. LGBTQ inclusion in the workplace: - Promoting Transgender Inclusion in India – What Role Can Companies 3. Diversity and inclusion Play? (2018) consultancies and trans - Creating Inclusive Workplaces for employment efforts LGBT Employees in India (2012) - Supreme Court’s Ruling of S377 – An Obstacle to LGBT Inclusion in Beyond Diversity Foundation India or an Opportunity? (2015) Website: www.beyondiversity.com Contact: [email protected] They also hold webinars and conferences Beyond Diversity Foundation collaborates that serve as important resources in

66 understanding trans people and corpo- Periferry rate India, two of which are: Website: www.periferry.com - Transgender Perspectives in India Contact: +91 97899 23448 (with Vihaan Peethambar, Vinita Kumar [email protected] and Deeptha Rao) Periferry is a social inclusion startup - Shattering Transgender Taboos- The working towards the socio-economic Power of Marketing (with Shree Gauri inclusion of trans people. They focus Sawant and Maithreyi Jagannathan) on training and skilling trans people, identifying relevant job roles for them Community Business offers a network of and taking them through the placement HR and D&I professionals, business lead- process. Periferry also sensitizes ers, ERG representatives, consultants workplaces so as to make them more and global thought leaders that want to inclusive. Their workshops are centered bring about change in their organisation. around understanding gender identity They are involved in training and and the specific struggles to be trans consulting and offer region specific in India. Theatrical acts and social training modules so as to offer the most experiments are some of the ways in accurate insights on inclusivity. which they seek to break the monotony when it comes to corporate training Interweave Consulting sessions. When it comes to the hiring Website: www.interweave.in process - personality development, Contact: +91 80 4148 2787 / communication, body language and +91 80 2593 2516 interviewing skills form the base of their [email protected] training programmes for trans people. Interweave Consulting specializes in diversity and inclusion consulting such as TWEET Foundation inclusion surveys, sensitization of leader- Website: tweetindia.org ship, bias-free hiring and more. Women [email protected] leadership development and safe work- Helpline (10AM - 5PM): +91 99539 11270 places are also a part of the programmes Transgender Welfare Equity and Empow- they offer. They hold the OUT-Reach erment Trust (TWEET) Foundation is led Forum of over 35 organisations that by seven trans activists and is an effort to address issues of the LGBTQ community skill and empower the trans community. when it comes to gender neutral partner Their main initiatives include: benefits, health insurance and more. - Advocacy (helping educational insti- Project Vayati is a product of this forum, tutions and corporates become more where Interweave Consulting has part- inclusive) nered with Solidarity Foundation. - Capacity Building (legal literacy, career guidance and resume making) Kinner Jobs - Health and Legal Services (change of Website: http://www.kinnerjobs.com/ documentation, securing GID certificate Contact: [email protected] from trans-friendly doctors, support Kinner Jobs is a website that has been during doctor consultations and surger- created to help trans persons find jobs in ies, counseling to individual and family) corporates. LGBTQ inclusive companies - Sports and Cultural Activities can post job openings on the website If your company has inclusive policies, and trans people can fill in their details you can reach out to them at careers. so that they can be directed to relevant [email protected] and they will help you job opportunities. find a trans person suitable for the job.

67 4. Legal Support psychological interventions to those in psychosocial distress. Alternative Law Forum At iCALL an effort is made to provide a Website: altlawforum.org safe and accepting space to individuals of Contact: +91 80 22865757 all gender and sexual identities as follows: [email protected] - The counselling environment at iCALL ALF believes in an interdisciplinary is LGBTQIA friendly. Callers are not practice of law that specifically targets judged on the basis of their sexual and/ social and economic injustices with or gender identities, and are made critical research, advocacy and pedagogic to feel comfortable to discuss their interventions. concerns with us. - Confidentiality and anonymity: The Samana concerns shared by the clients remain Website: www.samanacentre.com between the helpline and them. Barring Contact: [email protected] crisis situations such as harm to self and Samana Centre for Gender, Policy and harm to others, confidentiality is never Law is a consultancy that provides breached services and advocacy on gender, the - Appropriate language: Clients are LGBTQ and related aspects to corporates asked the pronouns/ name by which in India. Their services cover philanthropy they would like to be addressed. and CSR, HR policies, diversity and inclu- Further, gender is a self-identified field sion, training and workshops and more. in the helpline’s MIS i.e. the gender entered is that which is identified by the client. This gives a message to the 5. Mental Health callers that we appreciate and respect the way they feel and can feel free to Innersight express their identity. Gender neutral Website: www.innersight.in words like ‘partner’ instead of ‘husband’ Contact: +91 96114 05684 or ‘wife’ are used while probing. [email protected] - Denouncement of : Innersight is a collective of counsellors iCALL considers all sexual and gender that offers training programmes based identities as outcomes of normal on counselling principles. Their training development that require no kind of programmes are also specifically catered correction. iCALL, at no point practices to diversity and inclusion and the many any form of conversion therapy and ways in which being different can affect routinely warns its clients of the ill-ef- mental and emotional health. They offer fects and unethical nature of conversion workshops, talks, seminars and other therapy. The helpline, instead, works formats of interaction on both specific towards promoting a sense of accep- and general diversity topics, with a special tance and inclusiveness.. In addition to focus and expertise on LGBT inclusion. this, a database of LGBTQIA friendly organizations, and sensitive medical iCALL professionals is continuously being Website: icallhelpline.org prepared. Contact: +91 22 2552 1111 [email protected] This is not an exhaustive list. iCALL is a psychosocial helpline initiated If you would like to add your by the School of Human Ecology at the organisation to future iterations Tata Institute of Social Sciences, Mumbai, of this report, please email us at that provides emotional support and [email protected].

68 69 70 Acknowledgements

We would like to thank everyone who devoted their time and resources for our primary research. This paper is dedicated to you and your continual efforts for a more inclusive India.

Abhina Aher, TWEET Foundation Aditya Batavia, TWEET Foundation Amita Karadkhedkar Anjali Rimi, Walmart Anubhuti Banerjee, Tata Steel Bindumadhav Khire, Samapthik Trust Chitra Sunder Dhanya Rajesh, Accenture Jiby Joyce, Community Business Keshav Suri, Lalit Hotels Koninika Roy, Humsafar Trust Malik Dhamani, Bank of America Neelam Jain, PeriFerry Nirmala Menon, Interweave Consulting Nyra Dsouza, Godrej Pallav Patankar, Almata Healthcare Paras Thakur, Sodexo Pawan Dhall, Varta Trust Pearl Daruwalla, Humsafar Trust Ramkrishna Sinha, Intel Rashmi Vikram, Community Business Ritesh Rajani, IBM Sandeep Nair, Community Business Seema Chawla, Ajio Shubha Chacko, Solidarity Foundation Srini Ramaswamy, Cisco Suhail Vadgaonkar, UrbanClap Tina Vinod, Thoughtworks Urmi Jadhav , Humsafar Trust Vihaan Peethambar Zainab Patel, UNDP

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79 Appendices

Appendix A

Standards of Care for the Health Criteria for breast augmentation of Transsexual, Transgender, and (implants/lipofilling) in MtF patients: Gender Nonconforming People: World 1. Persistent, well-documented Gender Professional Association for Transgender Dysphoria; Health (2011) 2. Capacity to make a fully informed decision and to consent for treatment; • The Standards of Care mandate that 3. Age of majority in a given country (if hormone therapy be initiated after a younger, follow the SOC for children and psychosocial assessment and informed adolescents); consent has been obtained by a qualified 4. If significant medical or mental health health professional. A referral is required concerns are present, they must be from the mental health professional who reasonably well controlled. performed the assessment, unless the Although not an explicit criterion, it is assessment was done by a hormone recommended that MtF patients undergo provider who is also qualified in this area. feminizing hormone therapy (minimum This is because the changes brought 12 months) prior to breast augmentation about by hormone therapy are often surgery. The purpose is to maximize breast physically irreversible. growth in order to obtain better surgical • A necessary criterion for all breast/chest (aesthetic) results. and genital surgeries is documentation of persistent Gender Dysphoria by a qualified Criteria for genital surgery mental health professional. The criteria for genital surgery are specific • Breast/chest surgeries would require to the type of surgery being requested. one referral, while genital surgeries would Criteria for hysterectomy and ovariectomy require two referrals. in FtM patients and for orchiectomy in MtF • For some types of genital surgeries, patients: it is required that the trans person have 1. Persistent, well-documented Gender a preoperative, 12-month experience of Dysphoria; living in an ‘identity-congruent’ gender 2. Capacity to make a fully informed role. decision and to consent for treatment; 3. Age of majority in a given country; Criteria for mastectomy and creation of a 4. If significant medical or mental health male chest in FtM patients: concerns are present, they must be well 1. Persistent, well-documented Gender controlled. Dysphoria; 5. 12 continuous months of hormone 2. Capacity to make a fully informed therapy as appropriate to the patient’s decision and to consent for treatment; gender goals (unless the patient has a 3. Age of majority in a given country (if medical contraindication or is otherwise younger, follow the SOC for children and unable or unwilling to take hormones). adolescents); The aim of hormone therapy prior to 4. If significant medical or mental health gonadectomy is primarily to introduce concerns are present, they must be a period of reversible estrogen or reasonably well-controlled. testosterone suppression, before the Hormone therapy is not a pre-requisite. patient undergoes irreversible surgical

80 intervention. • New Name These criteria do not apply to patients • Father’s name who are having these procedures for • Address medical indications other than Gender • Reason for Change Dysphoria. Refer to Annexure 1 for sample affidavit format Criteria for metoidioplasty or phalloplasty • Get the affidavit notarized by a notary in FtM patients and for vaginoplasty in public with a recent photo on it. Please do MtF patients: not forget to attach your photo in affidavit 1. Persistent, well-documented Gender because that is required to update ID Dysphoria; changes 2. Capacity to make a fully informed decision and to consent for treatment; STEP 2 (Medical Documents) 3. Age of majority in a given country; The below medical documents are 4. If significant medical or mental health required: concerns are present, they must be well • Ask your psychiatrist for GID (Gender controlled; Identity Disorder)/GD (Gender Dysphoria) 5. 12 continuous months of hormone letter. therapy as appropriate to the patient’s • Ask your endocrinologist for HRT gender goals (un- less the patient has a (Hormone Replacement Therapy) initiation medical contraindication or is otherwise letter (if applicable) unable or unwilling to take hormones). • If there are any surgery documents that 6. 12 continuous months of living in a adds value to the whole scenario. gender role that is congruent with their STEP 3 (Newspaper Advertisement) gender identity; Publish name change advertisement in two newspapers (1 national and one For more details on the medical regional) procedures and prerequisites, use • In Bangalore, the Standards of Care for the Health (national) and Samyukta Karnataka of Transsexual, Transgender, and (local) together costs approximately INR Gender Nonconforming People: World 1050. They accept affidavit, GID and HRT Professional Association for Transgender initiation letter as proof. Health (2011) here: https://www.wpath.org/ • In Hindu (http://thehinduads.com/) publications/soc online ad can be booked. They cost approximately INR 1500 and do not ask for proofs. If required, affidavit, GID and Appendix B HRT initiation letter can be furnished as proofs. From the TWEET Foundation website • In Delhi, Sikh Times publishes name https://tweetindia.org/name-change/ change details and costs approximately INR 1500. They accept affidavit and GID as STEP 1 (Affidavit) proof. • Make a name and gender change affidavit. Approach Alternative Law There are two formats that can be used Forum in your city or any LGBT friendly to publish an advertisement in the advocate or groups for the format. Tweet newspaper: Foundation can be approached for to get • Change of Name format (Refer to the contacts of such lawyers. Annexure 2) Generally mentioned details are: • Public Notice Format (Go for this only • Old Name if you want your name change to be

81 published in Central Gazette, this option is • Present Address Proof (Rental costly) (Refer to Annexure 3) Agreement is fine in case you are staying NOTE: Please retain at least 5 copies of on Rent) newspaper since this might be required in • GID/GD Letter from Psychiatrist applying for different IDs Refer to Annexure 4 for sample gazette STEP 4 (Apply for Aadhar Card) publication Now online updation of Aadhar details has STEP 6 (Apply for PAN Card) been suspended. Please visit your nearest You can apply for PAN online or at any Aadhar Enrolment Centre for updating PAN correction centres available. name and gender change details. It is Name and gender change can be done by better to visit a Government enrolment submitting the below documents. centre instead of a third party vendor. • PAN Card Correction Form filled Please be honest in explaining the officer • Affidavit in charge that you are a transgender • Newspaper Advertisement/ Gazette person and willing to change details. publication copy/ Certificate of Identity • Name change can be done by submitting that has photo issued by Gazetted Officer a copy of the affidavit, newspaper • Recent photograph (size as mentioned in advertisement and the filled up correction form) form available at the enrolment centre. • Address Proof • Gender can be self-identified. They do not ask for medical proofs. But it is better STEP 7 (Bank Account Details Update) to keep the medical documents handy. Visit your bank home branch to get the bank account details changed. NOTE: In case affidavit does not suffice, Documents required are as follows: copy of gazette publication of name • Affidavit change or Certificate of Identity that has • Copies of newspaper publication photo issued by Gazetted Officer can also • Gazette Publication for name and gender be provided. change • Any two ID cards with new name (PAN STEP 5 (Central Gazette Publication) Card /AADHAR Card/ Voter Id) Please go ahead with this only if you feel this is a necessary step. Gazette NOTE: The procedure for updating Publication might be required in changing account details varies from bank to Educational Documents and Bank Account bank, thus it will be good to speak with Details. the concerned bank representative and get the details changed by submitting NOTE: Please go for Central Gazette supporting documents. Publication instead of State Gazette (if possible) since it has higher legal value.

Please contact TWEET (Transgender Welfare Equity & Empowerment Trust) foundation in Delhi. TWEET helps in acquiring the Gazette Publication, but you have to travel to Delhi to get this done.

Documents required are: • Newspaper Advertisement in format shared in Annexure 3

82 Mumbai Pride march 2018. Picture courtesy: Qgraphy

83 Annexures

Annexure 1

84 Annexure 1

85 Annexure 2

Annexure 3

86 Annexure 4

Annexure 3

87 Thank you.

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