Documenting the Growth of Community Action among Sexual Minority Groups in

A UNDP REPORT

Documenting the Growth of Community Action among Sexual Minority Groups in India

A UNDP REPORT

September 30, 2009

Sumit Baudh, Aniruddhan Vasudevan Brinda Chugani © Development Programme, 2009

All rights are reserved. The document may, however, be freely reviewed, quoted, reproduced or translated, in part of full, provided the source is acknowledged. The document may not be sold or used in conjunction with commercial purposes without prior written approval from UNDP. The views expressed in documents by named authors are solely the responsibility of those authors.

The views expressed in this report do no necessarily represent the views of the United Nations Development Programme, its Executive Board or its Member States.

Design and Printing: New Concept Informations Systems Pvt. Ltd. email:[email protected] CONTENTS

Acronyms v Introduction vii Executive Summary xiii

Part 1

Human Rights Abuses against Sexual Minorities and how Communities have Responded to Them 1

Part 2

Study of Some of the Existing MSM/TG Groups and Organisational Networks in India 13

Part 3

Learnings and Key Recommendations 33

Annexure 1: Glossary of Terms 39

Annexure 2: List of Key Interviewee-Respondents 47

Annexure 3: Questions that Guided Interviews with Key Respondents 51

Bibliography 53

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Documenting the Growth of Community Action among Sexual Minority Groups in India

Acronyms

AIDS Acquired Immunodeficiency Syndrome APCOM Asia Pacific Coalition on Male Sexual Health CBO Community Based Organisation DFID Department for International Development DMSC Durbar Mahila Samanwaya Committee FIRM Foundation for Integrated Research in Mental Health FSW Female Sex Worker GB HIV Human Immunodeficiency Virus HRG High Risk Group IDU Injecting Drug User INFOSEM Integrated Network for Sexual Minorities INP+ Indian Network for People Living with HIV IPC Indian Penal Code ITPA Immoral Trafficking (Prevention) Act KSMF Karnataka Sexual Minorities Forum LCHAU Lawyers Collective HIV/AIDS Unit LGBT Gay Bisexual MANAS Bangla MSM Action Network for Social Advocacy MSM Men who have Sex with Men MSW Male Sex Worker NACO National AIDS Control Organisation, India NACP National AIDS Control Programme, India Naz India/Naz Naz Foundation (India) Trust

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Documenting the Growth of Community Action among Sexual Minority Groups in India NGO Non-Governmental Organisation PIL Public Interest Litigation PLHIV/PLHWA People Living With HIV/AIDS SAATHII Solidarity and Action Against The HIV Infection in India SACS State AIDS Control Society SIAAP South India AIDS Action Programme SIDA Swedish International Development Cooperation Agency STD Sexually Transmitted Disease STI Sexually Transmitted Infection SWAM Social Welfare Association for Men TG Transgender ThAA Thamil Nadu Aravanigal Association TI Targeted Intervention UNAIDS Joint United Nations Programme on HIV/AIDS UNDP United Nations Development Programme VAMP Veshya Anyay Mukti Parishad WINS Women’s Initiative, Tirupati WSF World Social Forum

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Documenting the Growth of Community Action among Sexual Minority Groups in India Introduction

This report has been undertaken by United Nations Development The National AIDS Programme (UNDP) India as a part of its work to prevent the spread Control Programme of HIV/AIDS and reduce its impact in India. As a part of UNAIDS’ joint (NACP) in India, programme on HIV/AIDS, UNDP’s mandate is to elevate HIV/AIDS to currently in Phase a national development concern and to address the underlying causes of HIV such as gender inequality, poverty, migration and the lack of III (NACP-III), has dialogue on safer sex. embarked on the ambitious goal of The National AIDS Control Programme (NACP) in India, currently in halting and reversing Phase III (NACP-III), has embarked on the ambitious goal of halting and the HIV/AIDS epidemic reversing the HIV/AIDS epidemic by 2011, ahead of the 2015 target by 2011, ahead of of the 6th Millennium Development Goal (MDG). UNDP’s support of the 2015 target of NACP-III’s mission emphasises and stigma reduction, and the 6th Millennium greater involvement of People Living with HIV (PLHIV) and members of Development Goal key populations Men who have Sex with Men (MSM), Injecting Drug Users (IDUs), and sex workers). (MDG).

Both the NACP-III and Asia AIDS Commission reports emphasise the need for community action by key population groups in order for HIV interventions to be both successful and sustainable. The strategy of NACP is aimed at encouraging community ownership of HIV prevention and care activities and relying on the gradual hand over of Targeted Interventions (TI) to Community Based Organisations (CBOs).

This UNDP report – Documenting the Growth of Community Action among Sexual Minority Groups in India – analyses

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Documenting the Growth of Community Action among Sexual Minority Groups in India community actions of sexual minority groups in the areas of human rights, law reform and advocacy. It focuses on these areas because sexual minorities in India are subject to a wide range of human rights violations. In particular, the stigma, and criminalisation that sexual minorities face have long been the major barriers to HIV prevention, treatment, care and support. This report draws extensively from the actions of community groups that confront these barriers in the period post-millennium, i.e. from 2000-09.

Of all the key Of all the key populations, MSM and Transgender (TG) persons have populations, MSM demonstrated a remarkable and unique growth in their community and Transgender actions that have positively impacted their access to HIV interventions. (TG) persons have UNDP has chosen to focus on the MSM and TG groups so that the learnings from this report will serve to inform and guide other demonstrated a stakeholders in vulnerable groups to address human rights violations remarkable and and as a result, tackle the HIV epidemic effectively. unique growth in their community actions The report is presented in three parts. The first part addresses legal that have positively and human rights challenges to MSM and TGs that have interfered impacted their access with their access to HIV/AIDS interventions, and care and support to HIV interventions. programmes, and documents selective community responses over the past decade. The second part presents the ways in which MSM and TGs organise themselves: as support groups and organisational networks, as cross-movement alliances, and as HIV/AIDS TIs. Lastly, the report will highlight learnings and recommendations.

Scope of the Report

Sexual Minorities: MSM and TGs The term ‘sexual minority’ encompasses a range of people who are marginalised on grounds of their sexuality. They include various communities such as lesbian, gay, bisexual, transgender (collectively

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Documenting the Growth of Community Action among Sexual Minority Groups in India referred as LGBT), intersex, and (further collectively referred as LGBTIQ). The word TG as a single term contains within it multiple variations. There are some who are male-to-female TGs, some who are female-to-male TGs, and some who are transsexual: transmen and transwomen.1

This report primarily focuses on MSM and TGs, who as a population MSM is a broad term group, are at a heightened risk to HIV and record higher rates of HIV that connotes sexual prevalence within Most At Risk Populations (MARPs).2 TG here refers behaviour. It includes only to male-to-female TGs, which in the Indian context includes all ‘men who have sex hijras, aravanis, jogappas/jogtis, shiva shaktis, and kinnars. MSM is a broad term that connotes sexual behaviour. It includes all ‘men who with men’ and includes have sex with men’ and includes gay, bisexual, double-deckers, kothis, gay, bisexual, double- and panthis and even those who do not identify themselves with any deckers, kothis, and . Male sex workers (MSWs) who have male clients, for panthis and even those example, may or may not identify as gay or bisexual men, but would still who do not identify be classified as MSM. themselves with any sexual identity. Although the report focuses on the MSM and TG groups, they comprise no more than half the entire segment of sexual minorities. Moreover, MSM and TG community actions rarely occur in isolation. They are often closely associated with other segments, especially with lesbian, bisexual and queer women. The insights presented in this report are relevant to the larger spectrum of sexual minorities.

1 A glossary of terms in Annexure 1 offers some working definitions, an illustrative spectrum of gender and sexual identities and behaviours in India. 2 At the national level, the overall HIV prevalence among different population groups in 2007 continues to portray the concentrated epidemic in India, with a very high prevalence among High Risk Groups – MSM, 7.4%; IDU, 7.2%; FSW, 5.1%; and STD clinic attendees, 3.6%; and low prevalence among ANC attendees, 0.48%.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Sexual Minority Groups Although numerous individuals have made significant contributions, this report focuses on community actions among sexual minorities as groups such as those of , Naz Foundation International, Naz Foundation India, Sahodaran, Sangama, and MANSA Bangla.

Communities Sexual minorities (LGBTIQ, the ever expanding alphabet soup) come together in myriad forms, not necessarily in one place, neither all together nor as a single harmonious entity. Hijras are closest to the meaning of a community in its most conventional sense. They have clear rules of kinship, conduct, censure, and hierarchies within, This report scrutinises but are subject to diverse norms that differ from region to region. groups and clusters Other groups organise themselves less formally. There could be a of sexual minorities, community of kothis that come together in support group meetings, established networks of may convene at weekly gay night clubs, gays and meet occasionally in private homes, and internet based chat or temporary, rooms create more contemporary cyber communities. Most of these conventional or networks are an extension of peripheral virtual and social systems. contemporary. This report scrutinises groups and clusters of sexual minorities, established or temporary, conventional or contemporary. Whenever the word ‘community’ is used, it refers to the collection of diverse populace of sexual minorities, not just the MSM and TG group. A term that owes its origin to HIV/AIDS interventions, CBOs in this report, are those that are owned and managed by members of the community, particularly MSM and TG.

Community Actions Community actions among sexual minority groups have occurred at multiple levels and locations in which individuals, activists, coalitions, NGOs, and CBOs are a part. Broadly summing up from these, community actions may be defined as an initiative that addresses

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Documenting the Growth of Community Action among Sexual Minority Groups in India community interests through structures (such as lawyers’ bodies, advocacy groups, non-government organisations (NGOs), CBOs) and processes (such as advocacy, intervention programmes, capacity building) either within or outside the community, but at the initiative or participation of the community.

This report seeks to analyse the roles that communities play in protecting This report seeks the human rights of their sexual minorities. It concerns itself with the to analyse the roles question: how have communities of sexual minorities in India acted or that communities contributed towards the advancement of human rights advocacy and play in protecting the legal reform? human rights of their Sources sexual minorities. It concerns itself with Primary Data: Individual Respondents the question: how The report draws heavily from interviews carried out with individuals have communities and activists from the sexual minority communities, community leaders of sexual minorities working with CBOs, lawyers, experts and staff members of donor in India acted or agencies and NGOs that work on sexual minority issues. A complete contributed towards list of these respondents is given in Annexure 2. Interviews with them the advancement of were guided by a set of questions included here as Annexure 3. human rights advocacy Secondary Data: Published Sources and legal reform? The report relies on an extensive literature review of published writings, web-based material, organisational and media reports. Some of these were available at the Naz Foundation International library in Lucknow and the South and Southeast Asia Resource Centre on Sexuality in New . Assortments and compilations from other organisations, online resources and individuals, too many to name, were also useful. Another valuable source was e-mail postings from a Yahoo Group called LGBT-India.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Research and Documentation Team The team included lead author Sumit Baudh; consulting authors Aniruddhan Vasudevan and Brinda Chugani; and research assistants Aryakrishnan Ramakrishnan, Pallav Patankar, and Parjanya Sen. Team members were scattered around New Delhi, , , and resulting in a harvest of rich and diverse data. Lastly, the documentation has greatly benefited from a rigorous peer review by an independent review team: Maya Sharma, Saleem Kidwai, Siddharth Dube, and Vivek Anand; Ruth Vanita pitched in informally. The review team at the UNDP included: Ernest Noronha, Shashi Sudhir, and Alka Narang; Ernest Noronha also pitched in some writing work.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Executive Summary

The report is categorised into three major sections:  Part 1: Legal and human rights challenges faced by MSM and TGs that affect their access to HIV interventions, general safety and welfare; community actions responding to human rights challenges  Part 2: Some existing MSM and TG networks and support groups in India  Part 3: Conclusions, lessons learned and key recommendations

Part 1: Legal and human rights challenges faced by MSM and TGs and how communities have responded to them

Legal and Human Rights Challenges Sexual minority groups in India have long suffered from criminalisation, virulent social stigma and harassment. Numerous reports, accounts, and narratives document a wide range of human rights violations faced by MSM and TGs in India.3 These violations increase manifold the vulnerability of these groups to HIV. Prevalence of HIV within the MSM and TG sexual minority group is the highest of any population group in

3 Human Rights Watch, Epidemic of Abuse: Police Harassment of HIV/AIDS Outreach Workers in India, July 2002; People’s Union for Civil Liberties, Karnataka, Human Rights Violations against Sexual Minorities in India, February 2001; People’s Union for Civil Liberties, Karnataka, Human Rights Violations against the Transgender Community, September 2003.

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Documenting the Growth of Community Action among Sexual Minority Groups in India India. The consequent stigma, discrimination and criminalisation faced by MSM and TGs are major barriers to HIV prevention, treatment, care and support.4

Our research documents the persecution and harassment that MSM and TGs have had to face. Abuses against sexual minorities involve both state and non-state violators. When sexual minorities experience violence and discrimination by state institutions and the police themselves, they lose several inter-related rights such as freedom of expression, right to health, and effective legal remedies. As a result, they face intersecting discrimination from legal, medical, law enforcement, judicial, and other domains of everyday life.

When sexual minorities This section cites a number of examples of gross violations of human experience violence rights in the area of civil and political rights, among the MSM and and discrimination by TG groups. The range of examples demonstrates how this minority state institutions and group has become the target of numerous attacks by government, law enforcement groups, media, and medical agencies. Moreover, not the police themselves, only are MSM and TGs subject to discrimination on grounds of HIV they lose several inter- interventions but they are often singled out because they are seen as a related rights such as ‘deviant’ section of the population. freedom of expression, right to health, The NACP–III, Strategy and Implementation Plan states, “It is clear and effective legal from the experience gained so far that the social marginalisation and remedies. disempowerment that characterise [High Risk Groups (HRGs)] are the key vulnerabilities that need to be addressed before any interventions related to HIV/AIDS can be successfully adopted by them.”5

4 UNAIDS policy brief, HIV and Sex Between Men, p. 2. 5 National AIDS Control Organisation, Ministry of Health & Family Welfare, , National AIDS Control Programme, Phase III (2006-2011), Strategy and Implementation Plan, November 30, 2006, p. 26.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Community Actions addressing Human Rights Challenges Safeguarding and strengthening human rights is essential to combating the epidemic. Over time, communities have rallied and assumed the role of custodians in the struggle for basic human rights of its constituencies. Sustainable community actions towards monitoring and challenging human rights violations are crucial for the survival of sexual minorities and help develop a less oppressive social environment within which sexual minorities can survive.

A recent victory in the struggle for human rights, law reform and A recent victory in the years of advocacy came through the reading down of of struggle for human the Indian Penal Code (IPC). The law criminalised certain sexual acts rights, law reform between consenting adults, jeopardising the self-respect, dignity and and years of advocacy safety of sexual minorities in particular. The process of challenging came through the the constitutional validity of this law began with the Public Interest reading down of Litigation (PIL) filed by Naz Foundation India in the in 2001 and finally culminated in its favour on 2 July 2009. Section 377 of the Indian Penal Code The judgement represents a significant victory in the defense of human (IPC). rights of sexual minorities in India. More significantly, it opened up the subject of sexual minorities to the media and brought it into the realm of public discussion and dialogue. Sexual minority communities were highly instrumental in galvanising its members and contributing to the legal process that led up to the Delhi HC judgement. This report analyses community action among MSM and TGs that has so successfully mobilised the support of its members to respond to a gross injustice that has existed in the form of a century old law, long being used as a crutch for unspeakable violations of human rights abuses against it.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Part 2: Some MSM/TG groups and organisational networks in India

While legal reform is crucial to mitigating social stigma and harassment of sexual minority groups, sustained community actions to garner public support are necessary complements to the law. Local support groups, for example, address a range of issues affecting MSM, other than legal. The police harassment of Hijras and activists in in October 2008 evoked a mix of legal aid and public protests by local support groups.6 It is through the synergy of policy and grassroots activity that far-reaching changes needed to reduce MSM and TG HIV vulnerability so that other benefits can be achieved.

It is through the MSM and TG community groups organise themselves in different synergy of policy and ways. They may come together as a collective national effort by sexual grassroots activity that minorities to ensure equality for themselves in all spheres of life, free from far-reaching changes discrimination. Integrated Network for Sexual Minorities (INFOSEM) is needed to reduce one such prominent national network and Karnataka Sexual Minorities Forum (KSMF) and MANAS Bangla in West Bengal are state organised MSM and TG HIV groups. They assist members on sexuality and sexual health rights, help vulnerability so that emerging grassroots groups by providing inputs and training, and work other benefits can be towards upholding the legal status of sexual minorities. achieved. Sometimes MSM and TG community groups organise themselves into social, economic, and political alliances that have impacted the development of the

6 Human Rights Watch, Police Violence against Activists in Bangalore on October 20, 2008 http://www.hrw.org/en/news/2008/10/28/police-violence-against-activists-bangalore- october-20-2008; also see, S. Bageshree and M. Raghava, Towards decriminalisation of a sexual choice, Wednesday, 22 October 2008, http://www.thehindu.com/2008/10/22/ stories/2008102260640300.htm; and Dipika Nath, Which is the real menace? , Friday 7 November 2008 http://www.guardian.co.uk/commentisfree/2008/nov/07/india- humanrights

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Documenting the Growth of Community Action among Sexual Minority Groups in India MSM and TG communities. They come together as coalitions representing diverse progressive groups and NGOs working for the rights of sexual minorities, sex workers and People Living With HIV/AIDS (PLHIV) in India and become the bridge between various social groups and movements. Voices Against 377, Rainbow Planet, and Pride planning committees are key examples. It is both representative and illustrative of vital intersections, for example between MSM/TG and sex workers.

Part 3: Learnings and Recommendations

In the past decade, sexual minority communities have become visible NACP-III envisions and active custodians for their members. Any advances that have been “[t]aking into account made in law reform or towards gaining a sympathetic mindset from the the experiences gained society have been largely due to efforts of these communities. There are invaluable tactical and strategic lessons to be learned from this process in the best practices, that would inform the communities themselves, the Government, policy the TIs will be suitably makers, and all stakeholders who have invested in curbing the spread of redesigned to be more HIV and promoting human rights. comprehensive.

NACP-III envisions “[t]aking into account the experiences gained in the best practices, the TIs will be suitably redesigned to be more comprehensive and a clear direction given to ensure that even while upscaling the interventions to achieve saturation, all the older and more mature TIs be assisted to adopt a rights-based approach and become CBOs so as to ensure the empowerment process of the communities. Accordingly, developing leadership skills and management capacity among such NGOs will be the first priority of NACP-III.”7

How will this happen? Through its analysis, the report engages with this question and offers key recommendations that will guide the path of upscaling the interventions towards successful and sustainable

7 Supra note 5, p. 24

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Documenting the Growth of Community Action among Sexual Minority Groups in India community actions. Some key recommendations are as follows: 1. The Government, NGOs, donors, and sexual minority communities must make every effort to maintain candid and open discussions on sexuality issues. 2. The Government must make an all-out effort to support and enforce the Delhi HC judgement of 2 July 2009, by ensuring that the police and the judiciary protect and uphold the human rights of sexual minorities. 3. All stakeholders (government, law enforcement, medical and others) must make every effort to formally document human rights violations. 4. Advocacy for and on behalf of the communities must not take place without the initiative and close participation of the community. 5. Community consultations must be made accessible and effective and must encourage candid participation. 6. Government and donors must support community actions geared at building communities and crisis interventions. 7. Sexual minority communities must make an effort to develop cross- movement alliances with groups like PLHIV, sex workers, and tribals. 8. Leaders must be nurtured and developed to manage and run CBOs and NGOs. 9. Government and donors must empower CBOs to address the epidemic of HIV/AIDS among its community members.

The International Guidelines on HIV/AIDS and Human Rights, state: “States should implement and support services that will educate people affected by HIV about their rights, provide free legal services to enforce those rights, develop expertise on HIV-related legal services and utilise means of protection in addition to the courts.”8

8 Office of the United Nations High Commissioner for Human Rights, and UNAIDS, International Guidelines on HIV/AIDS and Human Rights, 2006 Consolidated Version, Guideline 7.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Part 1 Human Rights Abuses against Sexual Minorities and how Communities have Responded to Them

Programmes, so essential to the fight against HIV/AIDS in India, are undermined by police harassment and abuse of HIV/AIDS outreach workers, particularly those who provide essential information and services to women in prostitution and men who have sex with men. - Human Rights Watch Epidemic of Abuse, July 20029

Sexual minority groups in India have long suffered from criminalisation, virulent social stigma and harassment. Prevalence of HIV within the MSM and TG group is highest among any population group in India. The stigma, discrimination and criminalisation faced by MSM are major barriers to the movement for universal access to HIV prevention, treatment, care and support.

Numerous reports and accounts have documented a wide range of human rights violations faced by MSM and TGs in India. These

9 Human Rights Watch. Epidemic of Abuse – Police Harassment of HIV/AIDS Outreach Workers in India. Vol. 14, No. 5 (c). July 2002, p.3

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Documenting the Growth of Community Action among Sexual Minority Groups in India violations increase manifold their vulnerability to HIV. Safeguarding and strengthening human rights is essential to combating the epidemic.

A History of Human Rights Abuses

In the scarcely documented history of human rights abuses against sexual minorities in India, a few glaring examples in the area of civil and political rights have set the standard for brutality and viciousness. Consider the following:

Police arrest NGO staff working on MSM and HIV issues - Lucknow, UP, 2001: The police raided the offices of the Bharosa Trust and the Naz Foundation International as they carried out their duties of educating the community on AIDS awareness and HIV prevention. Accused of running a ‘gay sex racket’, four staff members were arrested allegedly for obscenity, conspiracy and for aiding and abetting an offence under Section 377, IPC.10 They were detained for 47 days, sometimes without access to potable water, clean food, or sanitation facilities.11

Mental trauma doled out to a homosexual man for four years - Delhi, 2001: A homosexual man underwent extreme trauma under the supervision of a psychiatrist in Delhi. He was administered aversion therapy and non-prescription drugs to “cure” him of his . Finally, Naz Foundation India, an NGO in Delhi that works on male sexual health issues, filed a complaint on his behalf to the National

10 Before its reading down (on 2 July 2009), S. 377 IPC criminalised anything other than penile-vaginal penetrative sex. In its penalisation of adult and consensual penile-oral or penile-anal penetration, for example, S. 377 bore grave implications for sexual minorities jeopardising not only their privacy and dignity but also access to HIV interventions. 11 Supre note 9, p.4

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Documenting the Growth of Community Action among Sexual Minority Groups in India Human Rights Commission (NHRC) seeking a directive from the Indian Psychiatric Society that would state that homosexuality is not a disease. The NHRC “did not find it fit to take any further action in the matter” declaring that “sexual did not fall under the purview of human rights.”12

Hijra subjected to brutal sexual assault and torture by police - Bangalore, 2004: In June 2004, a was sexually assaulted in an open ground by 10 men who forced her to have oral and anal sex with all of them. Two policemen arrived at the scene of the crime and managed to seize two assaulters. Instead of registering a case against the two men or sending the victim for medical examination, they subjected the victim to further physical brutality and torture at the police station for more than four hours and released her at 3 am that night.13

Police carry out sting operation to trap MSM - Lucknow, UP, 2006: In January 2006, the police traced the phone number of a man, presumably homosexual, on a gay website, tricked him into meeting them and then forced him to call his friends. All four were arrested as the police falsely claimed they were having sex in a public park. 14 The police presented the men at a press conference without allowing them to cover their faces, a privilege allowed even to those charged with committing violent crimes.15 In his interview with the fact finding team, the ADG (Crime),

12 Verma, Anuradha. NHRC comes down on gay rights, The Pioneer, 1 August 2001. 13 Sworn affidavit of the victim, Kokila, filed as Annexure R-12 in the Counter Affidavit of Voices Against 377 in Writ Petition 7455/2001, Delhi High Court. 14 4 members of International homosexual club held. Dainik Jagran. 5 January 2006; Gay Club running on Net unearthed- 4 arrested. Times of India. 5 January 2006 and Cops bust gay racket…. 5 January 2006) 15 A perspective brought to light by the review of this document by Saleem Kidwai, July 2009.

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Documenting the Growth of Community Action among Sexual Minority Groups in India UP, said that he did not consider this a human rights issue and “that he was only enforcing social norms by enforcing Section 377 [IPC].”16

A female couple and their supporting friends harassed by the police – Delhi, 2006: In April 2006 in Delhi, a police complaint was made by the father of a 21 year old woman X, stating that she had been abducted by another woman Y. There were also allegations that the two women, X and Y were having a relationship. Instigated by X’s father, her friends and acquaintances were picked by police, harassed on the phone and even assaulted during the course of investigation. X wished to record a simple statement before the Magistrate that would have resolved matters – to the effect that she had left her parental home of her own free will. However, her request to file this statement was refused and the Magistrate instead recorded in his order “it appears that prima facie under the guise of the aforesaid section, there are hidden allegations of an offence under Section 377 as well.”17 It took collective efforts of many community members and groups, and the expertise of Lawyers Collective, in finally seeking relief from the Delhi High Court, before the two women and their supporting friends could be spared the vicious harassment.

Brutal abuse and sexual assault of a young man by the Police - Delhi/ Gurgaon, 2006: In September 2006, a gay man was waiting at a bus stand when two policemen came up to him, accused him of being a homosexual and took him to the police station as they beat him up with

16 From an unpublished fact finding report written by Elavarthi Manohar of the National Campaign on Sexuality Rights (NCSR), Tulika Srivastava of Association for Advocacy and Legal Initiatives (AALI), Lucknow, Jashodhara Dasgupta of Sahayog, Lucknow, Maya Sharma of Parma, Baroda, Vivek Divan, a human rights lawyer from Bombay and Arvind Narrain of the Alternative Law Forum, Bangalore. Some of the online published accounts of the incident can be accessed at: http://hrw.org/english/docs/2006/01/11/india12398.htm http://www.ilga. org/news_results.asp?LanguageID=1&FileCategory=1&ZoneID=3&FileID=734 17 Counter Affidavit of Voices Against 377 in Writ Petition 7455/2001, Delhi High Court, p. 27

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Documenting the Growth of Community Action among Sexual Minority Groups in India laathis. Four policemen assaulted him sexually, forcing him to have oral and anal sex without a condom for two hours. Before releasing him the next morning, they forced him to write deeply humiliating self- declarations on a piece of paper.18

Hijras and kothis arrested and falsely charged under Section 377 IPC - Bangalore, 2006: Five hijras and kothis were inexplicably arrested and detained overnight in a police station in Bangalore.19 The police verbally abused and threatened to beat them when they protested. They were produced before a Magistrate next day and accused of “making efforts to commit unnatural sexual acts” that could “spread immoral diseases like AIDS.”20 They were falsely charged under several provisions of the IPC, including Section 377 IPC. Giving an account of the incident, Madhumita, a who was arrested, stated that he spent 35 days in jail for no wrong doing at all on his part.

Kothis beaten up mercilessly in public – Kolkata, 2008: Two kothis, Raima and Swapan, were beaten up by some men outside Menoka Cinema Hall in Kolkata. Deep, a kothi who rushed to the rescue of the former two, was also physically assaulted. By then, the attacking mob had grown to about 30 men. The attacked trio had to be rushed to the emergency care at MR Bangur Hospital.

Police arrest Hijras (TGs) and supporting activists - Karnataka, Bangalore, 2008: In yet another incident of unwarranted police crackdown, five Hijras were arrested at a traffic signal in October 2008. They were

18 Sworn affidavit of the victim (name withheld on request), filed as Annexure R-13 in the Counter Affidavit of Voices Against 377 in Writ Petition 7455/2001, Delhi High Court. 19 Sworn affidavit of one of the victim, Madhumita, filed as Annexure R-11 in the Counter Affidavit of Voices Against 377 in Writ Petition 7455/2001, Delhi High Court. 20 Translated true copy of FIR dated 11.9.2006, fled as part of Application for Impleadement by Voices Against 377, CM No. 14342 of 2006, Delhi High Court.

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Documenting the Growth of Community Action among Sexual Minority Groups in India accused of wrongfully restraining members of the public and extorting money from them. Later, a team from Sangama, a CBO, arrived at the police station enquiring about the arrests and were instead, arrested and charged under several sections of the IPC.21 This led to more arrests and abuse of other activists who went to the police station to enquire. The total number of those accused and illegally detained ultimately amounted to 31.22

Some Limitations to Documenting Human Rights Abuses

These incidents are exceptional in their garnering of community attention. Most instances of human rights abuses have not been documented, nor have been registered with the police, much less reported in the media. There are several difficulties in reporting/documenting such abuses:  Often, sexual minorities do not dare come out into the open because of the stigma and shame inflicted upon them.  Often, cases involving abuse of law and rights violations come to the attention of organisations engaged in HIV/AIDS work, but an intervention of any kind may be outside the purview of their mandates. Therefore, interventions and follow-ups become largely a function of individual goodwill rather than official programmatic obligations and they remain unreported incidents.

21 Sections 341 (wrongful restraint), 384 (extortion), 143 (‘unlawful assembly’), 145 (‘unlawful assembly ordered to be dispersed’), 147 (rioting) and 353 (‘preventing government officials from doing their duty’). - International Gay and Lesbian Human Rights Commission.India: Action Alert – Bengaluru Police Brutally Assaulted Sexual Minorities http://www.asylumlaw. org/docs/sexualminorities/IndiaIGLHRC110708.pdf. Accessed on 19 August 2009 22 “ and Gender Identity References,” US Department of State Human Rights Reports for 2008 – Country Reports on Human Rights Practices. P 48. http://www. globalequality.org/storage/cfge/documents/2008_hr_report_sogi_references_1.pdf. Accessed on 14 August 2009

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Documenting the Growth of Community Action among Sexual Minority Groups in India  It is important to note that documentation of abuse of law and rights violations – solely in the context of MSM and TGs – obviously excludes the injustices inflicted upon women. In India, a majority of MSM and TGs are married and often become HIV conduits to their female partners who remain absent in such accounts. Another category of women who are left out are lesbian, bisexual or queer women. Their experiences as sexual minorities vary quite substantially from those of MSM and TGs. Often they face greater persecution more directly from their families rather than the law, such as wrongful confinement at home and domestic violence leading to suicides. Since this report focuses almost entirely on MSM and TGs, the challenges faced by sexual minority women are In India, a majority outside the scope of this report. of MSM and TGs are married and Community Actions leading up to 2009 Delhi HC often become HIV Judgement conduits to their Safeguarding the human rights of its members is a crucial step to female partners who effectively containing the HIV epidemic. We then ask the question: remain absent in such How has the community assumed ownership of responding to the accounts. human rights violations meted out to them? In the period from 2000-09 sexual minorities actively contributed to the decriminalisation of same-sex acts, namely the amendment of Section 377 IPC.

2000: Recurring urgency to address Section 377 IPC Before its reading down (on 2 July 2009), Section 377 IPC criminalised any form of penetrative sex other than penile-vaginal, in particular, penile-oral and penile-anal, even if those engaging in them were consenting adults. Section 377 bore grave implications for sexual minorities, particularly MSM and TGs, jeopardising not only their privacy and dignity but also access to HIV interventions. NGOs working on HIV and MSM issues such as Lawyers Collective and Naz Foundation India

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Documenting the Growth of Community Action among Sexual Minority Groups in India were increasingly challenged by a law that was a recurring obstacle to HIV interventions. The Lawyers Collective, specialising in human rights advocacy and legal aid, actively sought a client who would be willing to initiate an action challenging Section 377 in the courts.

2001: PIL filed against Section 377 Ultimately Naz India, with the support of Lawyers Collective, filed a PPIL in the Delhi HC challenging the constitutional validity of Section 377 on grounds that it violated the human rights of MSM. The Naz PIL sought a “reading down” of the law, not its repeal, which meant that Section 377 would still be available as a remedy in cases of child sexual abuse but it would cease to apply to consenting adults in private.

2002: PIL criticised for limited scope The PIL encapsulated within it a deeply significant assertion of rights for the entire sexual minority community. The overwhelming support notwithstanding, the community raised a few crucial concerns, summarised here by human rights lawyer and a founding member of the Alternative Law Forum, Arvind Narrain:  That a matter that represented such profound implications for the community was filed without ever consulting the community at large.  That the petition was rooted too heavily in HIV prevention and MSM issues, thus excluding the larger array of human rights concerns such as those of women as sexual minorities.  That the petition sought a reading down of Section 377 to apply to acts only ‘in private’ when innumerable cases of police harassment, particularly of hijras and kothis, actually occur in public places.

2003: First major consultation with the communities Lawyers Collective and Naz India organised the first national level community consultation on the PIL in 2003. The consultation was called primarily to discuss the Government’s opposition to the PIL – on

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Documenting the Growth of Community Action among Sexual Minority Groups in India the grounds that if it did not retain Section 377 in its entirety, it would undermine public morality.

Thus, was formed Voices Against 377, a civil society coalition, comprising a diverse range of individuals, organisations and groups–some working on women’s issues, child rights issues, sexuality, and human rights.23 The principle objective of the coalition at the time was to engage in public debate to counter the Government’s perception of “public morality”.

2004: Second major consultation with the communities The Delhi High Court dismissed the Naz PIL broadly on the ground that no real cause of action was made out and that it raised purely academic issues without proving any real instances of human rights violations. Lawyers Collective and Naz India convened another national level consultation with the community. In addition, some like Sangama and Naz Foundation International conducted state, regional or local community consultations. Significantly, in these consultations, it was agreed upon to gather instances of human rights violations as sworn affidavits to present in the courts of law to strengthen the Naz PIL. The staff of the Bharosa Trust who were involved in police arrests earlier in 2001, also agreed to file a formal legal petition in the court in order to bolster the Naz PIL.

2006: Resurrection of Naz PIL In an appeal on the limited question of whether or not the Delhi High Court was right in dismissing the Naz PIL, the set aside the dismissal in 2006 and the PIL got a new lease of life.

23 Amnesty International, India (Al India), Anjuman, Breakthrough, Creating Resources for Empowerment in Action (CREA), Haq: Centre for Child Rights, Jagori, Nirantar, Partners for Law in Development (PLD)Prism, Saheli, Sama, Talking About Reproductive and Sexual Health Issues (TARSHI). Source: http://www.voicesagainst377.org/content/view/12/26/. Accessed on 17 August 2009

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Documenting the Growth of Community Action among Sexual Minority Groups in India Closely following this resurrection of the Naz PIL, the Voices Against 377 with legal assistance from a collective of lawyers based in Bangalore called the Alternative Law Forum, and filed a supporting intervention in the Delhi High Court in 2006. Voices echoed the sentiments of the community in its petition by:24  Basing the litigation on the combined opinion of the entire gamut of sexual minorities, including those who identify as lesbian, gay, bisexual, transgender, hijra, and kothi. It focused on human rights violations faced by all sexual minority groups, including women.  Placing on record affidavits of individuals from within the community that accounted instances of vicious interference by Section 377 in their lives. In total, for seven affidavits were filed (in 2007) by individuals from Bangalore, Delhi, and Mumbai.  Acknowledging a key community concern over reading down of Section 377 to apply to acts only ‘in private’. Voices argued for expanding a strictly spatial notion of privacy and to view sex as a private matter, rather than seek the reading down only ‘in private’.

2008: Police harassment continues unabated As the Naz PIL proceeded at its own pace in the Delhi High Court, human rights violations against the communities continued unabated, such as the police harassment of Hijras in Bangalore in 2008.25 But the community was no longer passive: they began to actively resist. Headed by activists from Sangama and its supporters, the community responded by bringing the issue to the attention not only of the local media but also to LGBT and other human rights groups across the country. groups, Garment and Textile Workers Union, Suraksha, Alternative Law

24 Arvind Narrain, Interview, June 2009 25 Towards decriminalisation of a sexual choice, , 22 October 2008, http://www. thehindu.com/2008/10/22/stories/2008102260640300.htm as accessed on 16 August 2009.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Forum, Samara, Sadhane, Lawyers Collective and other organisations and individuals protested outside the Banshankari police station. Protests and demonstrations were staged in Delhi, Kumbakonam, and Kolkata, among other cities. Civil society organisations across the country submitted memorandums to the Prime Minister and to the Chief Minister of Karnataka demanding rights and protection of the hijra communities and also the dismissal of the police officers responsible for their harassment.26

Meanwhile, the Naz PIL in Delhi was gaining momentum and was argued orally in September-November 2008. In an unprecedented expression of solidarity, there was an outpouring of community members at the court hearings such as never witnessed before. There were those who had given their affidavits attesting to the unjust interference of Section 377 IPC in their lives, there were gay and lesbian lawyers who were not at all directly connected to the case, there were other community members who had never been to the courts before or participated in the PIL in any way but became engaged and invested in it on a personal level. Members of the community sat through lengthy legal arguments listening with rapt attention, looking up to the bench with hopeful eyes for justice.

2009: Recognition at last On 2 July 2009, the Delhi High Court announced its judgement, upholding the rights of sexual minorities and reading down Section 377 IPC to decriminalise sexual acts of consenting adults in private. Today the communities are rejoicing the recognition of their fundamental human rights, the right to equality (Article 14 and 15), the right to privacy

26 International Gay and Lesbian Human Rights Commission. India: Action Alert – Bengaluru Police Brutally Assaulted Sexual Minorities.. http://www.asylumlaw.org/docs/sexualminorities/ IndiaIGLHRC110708.pdf. Accessed on 19 August 2009.

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Documenting the Growth of Community Action among Sexual Minority Groups in India and dignity (Article 21). This landmark judgement affirmed a dazzling judicial precedent for sexual minorities that relies on constitutional morality, privacy and human dignity, equality and inclusiveness – a precedent that paves a promising path for developing the jurisprudence further on sexual orientation and gender identity issues, not only in India but the world over.

Sexual minority communities have been gradually gearing up to asserting their status in society. This is remarkable given that they have a history of extreme violence and injustice in most parts of the world. They have engaged closely in the judicial pursuit of their human rights. The Delhi HC judgement is a huge victory in the advancement of human rights and welfare not just of MSM and TGs but the entire gamut of sexual minorities in India.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Part 2 Study of Some of the Existing MSM/TG Groups and Organisational Networks in India

[A]n alternative to a movement cannot be a petition. I strongly feel we should resort to the law only when the movement is strong enough to carry the law reform forward. - Nandita Haksar, Human rights lawyer Human Rights Lawyering: A Feminist Perspective, 199927

In the previous section, our research documents the persecution and harassment inflicted upon sexual minorities. Abuses against sexual minorities involve both state and non-state violators. When sexual minorities are subjected to violence and discrimination by state institutions and by the police themselves, they lose several inter-related rights such as freedom of expression, right to health, and effective legal remedies. As a result, they face intersecting from legal, medical, law enforcement, judicial, and other domains of everyday life.

27 Nandita Haskar, ‘Human Rights Lawyering: A Feminist Perspective’ in Engendering Law (Anita Dhanda et al., eds.), Eastern Book Company, Lucknow, 1999, p.87. As quoted in Arvind Narrain. Queer – Despised Sexuality, Law and Social Change. Bangalore: Books for Change, 2004, p.82

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Documenting the Growth of Community Action among Sexual Minority Groups in India However, it is heartening to note that concerted action by communities at the grassroots and policy levels has mobilised support in favour of protections and affirmative rights for sexual minorities. Community actions that tackle social stigma and harassment are complementary to the legal reform needed to reduce MSM HIV vulnerability and to improve the status of sexual minorities. Let us examine to what extent MSM/TG groups have galvanised community action.

Building Communities and Mobilising Them

A prerequisite to community action is bringing together a group of people with common goals or aspirations. This process of communing Historically, hijras were or connecting through a common bond needs an enabling environment the first among sexual within which to take place. minorities to build their community. There are Historically, hijras were the first among sexual minorities to build their community. There are accounts of hijras as far back as in ancient and accounts of hijras as far in medieval history of India. In contemporary times, some of their back as in ancient and customary practices continue to flourish: like the annual festival of in medieval history of in Villupuram district of – where hundreds if not India. thousands of hijras and aravanis from South India and increasingly, the rest of the country gather.

In more contemporary times, a number of factors can be said to have played an enabling role in mobilising sexual minorities in India. Civil liberties movements in the west began articulating gay rights that percolated across the world. A group based in United States for instance brought out a magazine called that was – through its classifieds section – instrumental in connecting some of the lesbian and gay people in India even. Population control and reproductive health facilitated

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Documenting the Growth of Community Action among Sexual Minority Groups in India more open (compared to before) discussion on sex and sexuality; and HIV/AIDS necessitated interventions with those at a heightened risk to HIV. With that, some gay men in India started to collectivise around sexual health of MSM.

Support groups typically function as nurturing spaces within which communities mobilise. Many significant community actions have also grown out of support groups. For example, India’s first gay magazine, Bombay Dost, grew out of an informal support space. More recently the LGBT Pride events that happen in different cities are the result of several support groups, formal and informal, coming together.

There are several active LGBT spaces and forums in India today, each There are several of which dons multiple roles: support group, helpline service, event active LGBT spaces organisers, publisher of newsletters and magazines, advocacy groups, and forums in India etc. The groups are diverse in their structures and functioning. Some today, each of which of them are unregistered collectives and non-funded groups which subsist on event-based fundraising through small grants. Many of them dons multiple roles: subsist on individual contributions. The contribution of such groups to support group, the furthering of public dialogue on LGBT sexualities is significant. By helpline service, event offering periodic spaces for LGBT individuals and allies to meet, discuss organisers, publisher issues and offer support to one another, these and many such groups of newsletters and lay the groundwork in fostering a sense of community. Any collective magazines, advocacy action that these groups perform springs out of this sense of belonging groups, etc. together.

To briefly illustrate the wide variety of community actions, given below is a chart on 10 sample groups. The column on ‘select action’ picks out one from amidst a larger set of their areas of work, and the column immediately after comments on the actions briefly.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Group When formed and Why Current areas of work Select Action Learning from the select action Humsafar 1994: To reach out to Community work, counselling Parivar Credit Society: Formed Micro-Credit society as a tool Trust (HST) the gay population in services, outreach & condoms, in August 2002 to finance for workplace treatment for the Mumbai Metro and Integrated Counselling and sustainable treatment and to HIV positive MSM and TGs. surrounding areas. Testing Centre & Sexually meet emergency financial needs Innovative methods as these Transmitted Infections of the HST staff. All employees generate regular income to (STI) clinic, care, support & initially contributed Rs. 1,500 ensure lifelong treatment. treatment, Behaviour Change and the CBO contributed 25% Communication (BCC) strategy to the total amount raised. & tools, advocacy, networking, Employees contribute 5% of research, training & capacity their salary every month. The building, project management cost of treatment is equally divided between the Society and the beneficiaries. Costs are met from interest earned. Efforts to consolidate the corpus fund continue. Lesbians And 1995: Previously Stree Currently, LABIA identifies Scripts: A magazine since Like all other activities of Bisexuals Sangam, it changed its as political feminist space for 1990s, Scripts has a total of LABIA, Scripts is independent In Action name to LABIA in 2003. lesbian, bisexual, and trans 12 issues so far. It has been of funding from government, (LABIA) It was formed to create (LBT) persons. It brings out a brought out more consistently NGOs, or international donor social and collective magazine called Scripts, holds since 2004. It is distributed agencies. Scripts is able to spaces for lesbian and monthly screening of films called on an informal basis through capture diverse styles, themes, bisexual women in CineLabia, runs a phone line, personal and movement expression, and presentation. Mumbai. undertakes casework and crisis networks and can be obtained interventions, and even research at a suggested contribution of studies, and it campaigns on Rs 50. queer issues with women’s groups and other queer groups on a recurring basis. Naz 1996: To improve Supporting/assisting MSM Increasing the coverage of 36 local MSM CBOs developed Foundation the sexual health groups, organisations and sexual health services for MSM and implementing HIV services International and human rights of networks to develop their own in Andhra Pradesh, Karnataka, – 9 per state; 4 State Technical marginalised MSM, HIV services, and advocating Tamil Nadu and Uttar Pradesh, Assistance Units developed their partners and on their behalf on increasing India – a pilot project: supported as independent agencies with families in South Asia investment, scaling up service by the DFID, and implemented Steering Committees and elsewhere. coverage, bridging knowledge between Feb 2006 - Mar 2007, made up representatives gaps, and challenging stigma, field-tested a rapid scaling-up from the MSM CBOs in the discrimination and social process towards increasing specific state; training modules, exclusion. accessibility to appropriate HIV/ methodologies and toolkits AIDS and sexual health services. tested successfully for rapid scaling-up process.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Group When formed and Why Current areas of work Select Action Learning from the select action Nigah 2003: To create Film screenings, exhibitions, and Annual Queer Fest: Began in Use of art and culture to inclusive and safe cultural performances 2007 as an attempt to create mobilise communities; and queer spaces using queer culture in Delhi, for and ability to organise without media, workshops and by queer people themselves. accepting or seeking donations discussions in Delhi. In its first two years the Queer from the government, NGOs or Apart from LGBT, fest grew to a full 10 days arts international donor agencies. Nigah understands festival spread across multiple queer to be any identity, venues across the city, bringing politics or process that together films, photography, challenges dominant talks, workshops and parties. norms. People Like 2003: To provide Working for the promotion, Temporary shelter home: The The idea of a shelter home Us (PLUS) support to the male protection, and advancement of idea of the shelter home came emerged from the community and transgender sex sexual and reproductive health while PLUS Kolkata conducted itself; it was they who workers. and rights, and participation a situational assessment expressed a need for it in the of communities in all levels of report on luanda dancers or situational assessment. decision making. transvestite dancers (the dancing boys community migrating to Uttar Pradesh and Bihar for performance and prostitution) with the support of UNDP. Pratyay 1998: People who did Community mobilisation, Training/sensitising the police: Community groups have to learn Gender Trust not confirm to gender crisis intervention, advocacy, Since 2008, Pratyay has to work with the state. There stereotypes were not documentation of human rights been carrying out trainings/ is a need to engage with policy welcome in existing abuses, research, and building sensitising sessions with the makers, and also connect with spaces; Pratyay decided resources. police in Kolkata. Especially with different Govt departments like not to become an HIV/ police stations around ‘cruising health, social welfare, etc. AIDS organisation, areas’. The project is supported instead focused on by United States based Fund for violence; it has gender Global Human Rights. as its core theme.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Group When formed and Why Current areas of work Select Action Learning from the select action Sangama 1999: Bangalore like To work not only with sexual Crisis Intervention Centre, an Through its strategic many other cities in minorities but also their family example of work undertaken: interventions at multiple levels, India has very limited members/friends/co-workers Police arrested 5 hijras in the Centre was able to mobilise spaces where sexual and the society at large. Bangalore in 2008, which support for those affected minorities can meet/ Sangama looks at the sexual snowballed into many more and at the same time, hold help/work with each rights movements as based on arrests. Interventions by the the perpetrators to account. other and acquire not only the discourse of sexual centre included not only legal Cross movement alliances came information about identity/orientation and gender aid and support to those to good use. The issue was sexual orientation/ identity but also on discourses arrested but also bringing the brought to the attention of not gender identity. of human rights, sexual rights, incident to the attention of only the LGBT groups but also Sangama started in this gender equality, social justice, media and civil society groups non-LGBT and human rights context - to work for etc. Sangama also works with across the country. groups across the country: dalit sexuality minorities’ other social movements and groups, Garment and Textile rights with information believes in building alliances for Workers Union, Suraksha, and education. a larger struggle for equality, Alternative Law Forum, Samara, justice and freedom. Sadhane, Lawyers Collective and other organisations and individuals joined protest. Sangini 1997: Need to address Public education and alliance Emergency support There are numerous instances issues of and support building, counselling services interventions: Supporting LBT of persons needing support but lesbian, bisexual and community support, individuals during emergencies not enough resources. Sangini is women, and TG capacity building, research, such as domestic violence, often contacted by victims from individuals. media. relocating from parental homes, outside of Delhi and finds these due to domestic violence. cases particularly challenging. Sangini is best able to make Bringing them all to Delhi is interventions in Delhi. not possible or even desirable. There needs to be emergency support available at local levels across the country.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Group When formed and Why Current areas of work Select Action Learning from the select action Solidarity 2000: For HIV Technical assistance, Santi Seva, Bhadrak: Aims to The group does not focus and Action prevention, care, information dissemination, improve the overall well-being on HIV per se, instead it Against The support and treatment networking, operations of hijras, maichiyas and other addresses issues that make HIV Infection services in India research, and advocacy - in male-to-female TG populations communities vulnerable to HIV: in India through information the areas of: gender, sexuality, in the Bhadrak district of Orissa, social security, education, and (SAATHI) dissemination, human rights, sexual and and reduce their vulnerability livelihood. networking, technical reproductive health, HIV/AIDS to HIV. Towards this end, the assistance, research and associated issues. project is strengthening the and advocacy. capacity of Santi Seva, one of the first and few CBOs for TG populations in Orissa. The project is funded by American Jewish World Service, New York. Sudar 2006: Struggle for Advocacy and awareness on Kannadi Kalai Kuzhu (Mirror Innovative and creative use Foundation voting rights initially the lives, issues and rights of Cultural Troupe) is the only of theater as a means to and later their struggle transgender community; Sudar all-aravani theatre group in raise awareness. Their plays for land allotments in Foundation has undertaken the country. Both their plays, have been taken to a range their favour brought a various campaigns around ‘Manasin Azhaippu (The Call of forums, and made lasting group of TGs together. issues related to the human of the Heart)’ and ‘Uraiyada connections with different rights of transgender people in Ninaivugal (Frozen Memories)’ movements: caste based groups, Tamil Nadu. portray various aspects of the left movement, and women’s lives of aravanis. They have movement. been produced with support from Voicing Silence, a project of the M.S.Swaminathan Research Foundation.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Community actions of networks and support groups documented here primarily engage with aspects more relevant to internal community mobilisation and TIs, rather than legal advocacy processes. There have been unplanned but significant contributions by informal support groups like Gay Bombay (GB) which managed to attain an affidavit from a member that was filed in the Naz PIL in the Delhi High Court. Individual organisations like Sangama have engaged with legal advocacy. They were able to furnish affidavits for the Naz PIL. Their intervention into the arrest of five Hijras in 2008 is another fine example of asserting human rights of the TG communities.

Some community members have managed to coalesce with others in initiating significant advocacy measures: with the help of Rajani, a lawyer and president of the Dalit Thozhamai Mayyam in , Priyababu, a TG activist (who was then working with Arogya Agam, an NGO in district, Tamil Nadu) filed a Writ Petition in March 2004 in the asking for ration cards for TGs. Beginning with the High Court’s verdict in July 2004 giving the aravanis the option of choosing between ‘male’ and ‘female’ gender in ration card applications, a series of positive changes started to occurs. The state sub-committee on transgender welfare issued a Government Order to implement plans for the welfare of aravanis;28 the Welfare Board for Aravanis was constituted, etc.

28 , Social Welfare and Nutritious Meal Program Department. (2006). Social welfare–rehabilitation of aravanis (eunuchs) (G.O. (MS) No. 199). Chennai: Government of Tamil Nadu Printing Office. http://www.tn.gov.in/gorders/social/sw_e_ 199_2006.htm. Accessed on 20 August 2009

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Documenting the Growth of Community Action among Sexual Minority Groups in India Aravani (Transgender) Welfare Board, Tamil Nadu

The Aravani (Transgender) Welfare Board is a state government agency set up to administer welfare measures for aravanis in Tamil Nadu.

One of its kind in India, the Board is a result of a unique blend of community and government action. A blend so fine, its components enmeshed so closely together, that enquiries with three different respondents revealed three different factors that facilitated its genesis. Each of these might well be integral to the formation of the board, which is what makes it a blend.  Public demonstration and visibility: Asha Bharathi, former director of ThAA (Thamil Nadu Aravanigal Association), spearheaded a massive rally of aravanis in Chennai in 2006. Four organisations took the primary responsibility of organising this rally: THAA - Chennai, SWAM - Chennai, Sudar foundation - Kanchipuram and Snegyitham - Tiruchy. A few delegates met the Minister of Social Welfare and submitted the memorandum. Asha Bharathi (ThAA) and Shekar (SWAM) say that the event and the memorandum had the effect of hastening the processes towards the implementation of the welfare schemes. Though the Government Orders since 2003 had been discussing aravani welfare, this public demonstration and visibility had a huge effect in catalysing it.29  Theatre performances: Kannadi Kalai Kuzhu (Mirror Cultural Troupe) of Sudar Foundation is the only all-aravani theatre group in the country. Both their plays, ‘Manasin Azhaippu (The Call of the Heart)’ and ‘Uraiyada Ninaivugal (Frozen Memories)’ portray various aspects of the lives of aravanis. They have been produced with support from Voicing Silence, a project of the M.S.Swaminathan Research Foundation.30 Through its performances, the theatre group is said to have raised public awareness over the issues.  Public hearing: Ms. Ramathal, Chairperson of State Women’s Commission, organised a ‘public hearing’ in 2007. Leaders, bureaucrats and opinion makers were invited to hear aravanis narrate the injustices meted out to them. It is said to be the most immediate factor that led to the setting up of the Board in 2008.

29 http://www.infosem.org/news.htm#chennairally as accessed on 09.09.2009. 30 Ponni Arasu, Finding Their Own Solutions, http://www.boloji.com/wfs5/wfs793.htm

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Documenting the Growth of Community Action among Sexual Minority Groups in India Limitations of Research into Existing Sexual Minority Groups and Networks

 To understand the range and dissemination of sexual minority groups across India, we initially relied on existing mappings of MSM groups and organisations such as the APCOM Reports on Mapping of MSM and TG groups, organisations and networks in South Asia.31 Studies were, however, limited to groups and organisations only involved in HIV/AIDS or male sexual health work.32  A discussion with some of our key respondents involved in TIs for HIV/AIDS or technical support yielded the general response that such mapping procedures are largely utilised by the State AIDS Control Societies (SACS), donor agencies and their partners. The mappings are primarily concerned with charting the functioning of NGOs and CBOs in hotspots or “locations where there is high concentration of HRGs.”33 They exclude a large number of community initiatives that are outside the purview of HIV/AIDS work.  Most of our respondents attested to the limitations of such mapping studies. Pawan Dhall, of SAATHII, Kolkata, said, “Expecting these mappings to include other kinds of sexual minority groups and activities is a far cry. These studies do not even fulfill their proposed purpose. There are problems in the methodology that result in

31 APCOM Report on Mapping of MSM groups, organisations and networks in South Asia, No.3, November 2008; APCOM Report on Mapping of Transgender groups, organizations and networks in South Asia, No.2, July 2008 32 The chief stated aim of the studies is to “Create a database of groups, organizations and networks addressing HIV prevention, care, support and treatment issues of [and MSM] in the South Asia region”: Introduction, APCOM Reports. In this context, the NACO document Targeted Interventions Under NACP-III – Operational Guidelines lists “Identification of important hotspots (i.e., location where there is high concentration of HRGs)” as top most among “Essential Outcomes” of mapping processes. 33 Targeted Interventions Under NACP-III – Operational Guidelines, NACO Document

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Documenting the Growth of Community Action among Sexual Minority Groups in India under-estimations: too little time allotted for ground work and rapport building, few efforts for initial mobilisation of community before starting a study or programme so as to counter social stigma that leads to invisibility, no recognition that there are large numbers of MSM and TG persons outside the cruising areas.”34

Ways in which MSM/TG Communities Organise Themselves

There are several ways in which MSM and TGs organise themselves that have contributed to the process of human rights recognition, law reform and advocacy. Chief among these are the following: (A) They come together as part of sexual minority networks, sometimes within a national framework such as INFOSEM, and often as state level networks like the KSMF and MANAS Bangla in West Bengal. (B) They make cross- movement alliances such as Voices Against 377 or the Rainbow Planet that was formed during the World Social Forum in Mumbai in 2004, and sometimes as ad hoc Pride planning committees that demonstrate city level formations. (C) They carry out HIV TIs through NGOs and CBOs. These formations indicate the range of activities that engage MSM and TG groups in the current political and social climate.

(A) Sexual Minority Networks Integrated Network for Sexual Minorities (INFOSEM) The concept of INFOSEM germinated at an all-India conference of community organisations engaged in sexuality issues organised by Humsafar Trust in 2000, but it was not formally registered as an organisation in 2009.35 In its decade-long journey, INFOSEM has managed to attract a membership of 25 sexual minority groups across India, mostly CBOs.

34 Pawan Dhall, Interview, June 2009 35 INFOSEM is registered as a legal entity with the Charities Commissioner in Mumbai.

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Documenting the Growth of Community Action among Sexual Minority Groups in India 36 The map provides a snapshot of where these groups are located. There are more member organisations in South and West India than in the East, and a near negligible presence in the North.

A report documenting INFOSEM’s progress records its first Governing Council meeting in June 2005 in which it outlines specific plans on law and advocacy: to bring out a legal issues handbook for LGBT people, to organise at least one national level advocacy event annually, and to organise joint regional advocacy activities.

INFOSEM has conducted four capacity building workshops to help community groups with advocacy planning, programme development, resource mobilisation, documentation and dissemination of information. An ‘Advocay Plan’ for 2007-10 was drawn up in consultation with TG groups in particular.

MANAS Bangla MANAS Bangla is a network of 13 CBOs recognised for securing the first MSM/TG TI project for West Bengal in 2004. MANAS Bangla is the largest government-funded HIV intervention. It is community- demanded, rights and needs-driven, evidence-based, community- owned and managed, and a community run programme. Anis Ray Chaudhuri, Treasurer and Director of Programmes of MANAS Bangla considers this the biggest achievement of the network.37

In terms of rights advocacy work, the network is not without its discontents. “Over the years, this has become just another TI. There have been sparks of enthusiasm in terms of protesting police atrocities, or in terms of the Pride weeks. I would imagine that a lot of people

36 http://www.infosem.org/map.htmas accessed on 17 August 2009 37 Anis Ray Chaudhuri, Interview, June 2009

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Documenting the Growth of Community Action among Sexual Minority Groups in India expected much more from MANAS Bangla. And why not?” remarks Pawan Dhall, a critical insider.38 He points to the fact that MSM and TG organisations and networks can be so entirely focused on carrying out TIs that they are unable to devote time and attention to active, open, and sustained advocacy for realising all human rights. Anis Ray Chaudhuri laments the lack of help from donors: “The policies of the donor agencies have not helped much in our advocacy activities. We had to concentrate our entire effort in making the TI successful. As a result, our advocacy has suffered. Thanks to the volunteers of the partner support group-without any (or much) funding support they continued their advocacy and other works.”39

Karnataka Sexual Minorities Forum (KSMF) The KSMF was formed in April 2008 after a five-day consultation with 180 representatives from 21 districts of Karnataka. As mediator, it empowers district level groups to resolve issues and involves state level groups in emergency situations. KSMF ensures accountability from NGOs and CBOs that are vested in the community.40 The KSMF escalates community issues and demands to political parties. Its year long journey so far is too short a time to comment on its engagement with legal advocacy processes.

The Network of Indian People with Alternate Sexualities living with HIV/AIDS (NIPASHA) NIPASHA was formed in 2004. It works on mobilising MSM and TGs living with HIV/AIDS, towards enhancing care and support for them. It has its head office in Mumbai and is presently working in seven states: , Tamil Nadu, Karnataka, Andhra Pradesh, New

38 Pawan Dhall, Interview, June 2009 39 Anis Ray Chaudhury, Interview, July 2009 40 Umesh, Interview, June 2009

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Documenting the Growth of Community Action among Sexual Minority Groups in India Delhi, Goa, and West Bengal; more active in some, less so in others. The single most significant achievement of NIPASHA has been that it has enhanced the visibility and empowerment of MSM and TGs living with HIV/AIDS.41

(B) Cross-Movement Alliances Voices Against 377 Building cross-movement alliances, Voices Against 377 was formed in 2003-04 and brought together diverse groups working on women’s rights, child rights, human rights, sexual health, etc.42 It defines itself as a “point of intersection and dialogue between various social movements that these groups represent where a united voice is being Voices has served as a articulated against Section 377.”43 Explains Madhu Mehra, an authorised platform that advocates representative for Voices Against 377: “Activities in this coalition for the rights of sexual have happened on broader issues of sexuality, in its interaction with professional constituencies like the psychologists and the press, and its minorities, including reactions and support to other social movements.” MSM and TGs, where the community has not Voices has served as a platform that advocates for the rights of sexual only found a voice but minorities, including MSM and TGs, where the community has not only has played a key role found a voice but has played a key role in driving the work of Voices. The in driving the work of intervention it made in the Naz PIL in the Delhi High Court in 2006 was Voices. largely driven by a few key members of the sexual minority communities, most of them gay, lesbian, bisexual or queer. In the three year life span of this intervention from 2006-09, Voices engaged consistently in the legal advocacy against Section 377.

41 Vijay Nair, Interview, September 2009 42 Supra note 23. 43 www.voicesagainst377.org

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Documenting the Growth of Community Action among Sexual Minority Groups in India Rainbow Planet Rainbow Planet is an ad hoc coalition that brings together diverse groups working with sexual minorities, sex workers and PLHIV.44 First formed in 2003-04, the coalition came together as a collective body to gain voice and visibility at key social forums such as World Social Forum (WSF) in 2004 in Mumbai, India Social Forum in 2006 in Delhi, and a press conference about eviction of sex workers in Goa. Its key objective is to bring to the forefront sexuality rights as a legitimate human rights issue. The driving motive behind the growth of Rainbow Planet was to challenge advocacy for sexuality rights as a “personal choice or lifestyle issue” and sometimes even as “a perversion or deviation.”

Even before the WSF, its constituent members had begun participating Its key objective is to in public forums like the Karnataka Social Forum (in Hubli), where they bring to the forefront worked together with a cross-section of Left-leaning groups and Dalit sexuality rights as groups. Throwing light on its principle objective, Manohar Elavarthy, a legitimate human then with Sangama, one of the chief drivers behind the formation of the rights issue. coalition said: “We felt that sexualities issues particularly – sex workers, sexual minorities and HIV, positive people’s issues – are not considered by the social movements and we felt that these issues have to be considered.” Speaking of the key groups who made it happen, Manohar said, “It was primarily Sangama and Sangram, and then Sex Worker’s Forum and Women’s Initiative from Tirupati. South India AIDS Action Programme (SIAAP) also supported and participated, but not centrally in decision–making. Indian Network for People Living with HIV (INP+) lent the name. Social Welfare Association for Men (SWAM) and

44 Rainbow Planet comprised of the following groups: Alternative Law Forum (Bangalore), DISC (Bangalore), DMSC (Calcutta), FIRM (Trivandrum), INP+ (Chennai), Peoples Union for Civil Liberties - Karnataka, Sangama (Bangalore), Sangram (Sangli), Sex Workers Forum- Kerala, SWAM (Chennai), WINS (Tirupati), Vaathil (Kerala), VAMP (Maharashtra and Karnataka). Rainbow Planet presented workshops at the WSF to about thousand participants per session.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Durbar Mahila Samamwaya Committee (DMSC) were there too. Basically these were organisations that work with both populations – female sex workers (FSWs) and sexual minorities. Lots of MSM groups did not join in. Even most of the gay, lesbian and bisexual groups did not join in.” Hivos, Sangama, and most organisations involved in the Rainbow Planet contributed in its financial costs.

It helped to forge strong working linkages between its member groups. Manohar attests to this contribution by Rainbow Planet: “After the WSF, sexual minority groups have been working closely with other social movements in Karnataka for a long time now. Again when it comes to Immoral Trafficking (Prevention) Act (ITPA) issue, most of the groups The first anniversary that were part of Rainbow Planet worked together.” of the riots was commemorated by the Pride Planning Committees gay community with a 28 June 1969 witnessed a unique uprising that continues to reverberate across the world to date. Following a police raid in the Stonewall Inn, march in New York City New York City, its patrons, a mix of the most marginalised people in on June 28 1970. the gay community: transvestites, transgender people, effeminate young men, hustlers, and homeless youth, protested and rioted against chronic abuse by the police. It was the first time in modern history that a significant body of LGBT people resisted arrest and asserted themselves openly on the streets. The first anniversary of the riots was commemorated by the gay community with a march in New York City on June 28 1970. Since then, every year in different parts of the world on the last Sunday of June, sexual minority groups and individuals march on the streets as an expression of pride.

India saw its first Pride March 30 years after the , in Kolkata in 1999. After a hiatus, LGBT groups in Kolkata resumed their annual Pride celebrations in 2005. Other cities in India caught on to the phenomena in a big way only recently. Over the last two years

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Documenting the Growth of Community Action among Sexual Minority Groups in India (2008 and 2009), India has witnessed a growing number of Pride marches across major cities. For example, June 29 2008 saw Delhi, Bangalore, and Kolkata co-coordinating their Pride March events for the first time, while Mumbai had one later on 16 August. As a significant development in 2009, Chennai and joined the nationwide Pride celebrations.

The idea of synchronised marches was mooted in a session on ‘non- legal strategies’ during a community consultation in Delhi, 9-10 May 2008. (The consultation was organised jointly under the collective aegis of groups and individuals, but the lead was taken by Naz India.) A number of community activists from across the country were present. Some of them took back the idea of synchronised marches and made it The celebratory nature a reality on June 29 2008. of these events and their visibility in the The marches are relatively recent, by community groups. They are organised media has rendered differently in different cities. The groups form as ad hoc networks of the Pride marches as multiple groups and organisations that come together annually for the express purpose of organising the marches. Except Mumbai, where the the largest and most network has demonstrated greater permanence, the networks in other significant events cities disperse and dissolve with the completion of the march and re- within the sexual appear in a different form the following year. It is an example of a highly minority communities successful cross-movement alliance that includes a mix of organisations in India. and individuals, not only LGBT. This form of networking is done at a more informal level compared to other networks such as Voices Against 377, Rainbow Planet, KSMF, MANAS Bangla or INFOSEM.

Pride events and their planning and organising of them signify a concerted action by communities in different cities. The celebratory nature of these events and their visibility in the media has rendered the Pride marches as the largest and most significant events within the sexual minority communities in India. This serves in fostering a wider

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Documenting the Growth of Community Action among Sexual Minority Groups in India public dialogue on sexualities and rights which are otherwise seen as ancillary topics in HIV-centric discussions.

(C) HIV targeted interventions (TI) The HIV have served as a significant platform from which to voice the concerns of sexual minority. Organisations such as Humsafar Trust, Naz Foundation International, Naz Foundation India, Sahodaran or networks such as MANAS Bangla address the health needs and related advocacy issues of the MSM and TG communities. For example, advocating HIV/ AIDS issues directly with health agencies in India such as government hospitals has resulted in major improvements in the health needs of MSM and TGs. As a matter of strategy, most HIV TIs work closely with

Are CBOs ready to assume responsibility for TIs?

The NACP-III, effective for the period 2007-11, emphasises the need for empowering existing CBOs and encouraging them to become independent of parent NGOs. The rationale being that “By involving the communities, empowering them to handle responsibility, think and analyse the issues based on data collected by them and work out strategies to reduce their health risks in a non-judgemental way, will lead to greater and more sustainable compliance to adoption of healthy behaviour practices.”45

Through its discussion on community empowerment, NACP-III presents the success of the ‘Sonagachi model’ where FSW have collectivised under DMSC since 1995. NACP-III acknowledges the “[n]eed to shift strategy from assistance to empowerment through the process of forming [CBOs].” A major failing during NACP-II was the low priority accorded to replicating the highly successful Sonagachi model from NACP-I which demonstrated the value of involving community members in decision-making and management of projects. In fact,

45 “Lessons Learnt,” Prevention Strategies, National AIDS Control Programme Phase III [2007 – 2012] – Strategy and Implementation Plan, National AIDS Control Organisation, November 30, 2006. p.26-27

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Documenting the Growth of Community Action among Sexual Minority Groups in India recognising the importance of this need, TI groups in a few states have been working along these lines. HRG networks such as the Indian Network of Sex Workers and the Integrated Network for Sexual Minorities have demonstrated how CBOs are able to deal with vital issues such as police harassment and street violence.”46

According to NACP-III, the National AIDS Control Organisation (NACO) “will initiate action to build the requisite capacity among the NGOs, document lessons from best practice sites, help them prepare exit strategies and hand-hold in the implementation of the CBO strategy.” Some community members have voiced common concerns towards this goal:  The underlying notion that community-led interventions of CBOs are more effective than those undertaken by non-community members is widely accepted. The concern is one of implementation: Where is the step-by-step plan of action to transfer responsibility to CBOs?  Transferring responsibility from NGOs to CBOs is not easy. NGOs doubt the capability of communities to handle projects and resist passing on the baton. Sunil Menon of Sahodaran, a male sexual health project in Tamil Nadu and Pondicherry, raises a major conflict of interest between NGOs and CBOs. He says: “Communities are the golden-egg-laying geese for the NGOs. Why would they want to let them go?” If NGOs are put in place to build the capacities of CBOs, would they truly ever want CBOs to be fully capable and in turn render themselves redundant?  Communities too do not escape criticism. Excessive incentives to community members for their participation in NGO work has corrupted their motivations, according to Asha Bharathi, former director of ThAA (Thamil Nadu Aravanigal Association). “[They] do not have a sense of belonging together and running an organisation. They do not have the feeling that it is their organisation, because they are used to being made use of by NGOs.” She laments that basic requisites for community empowerment have not been worked with in all these years. “HIV/AIDS projects have not focused on issues of self-esteem.”

46 Supra note 5, p. 24

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Documenting the Growth of Community Action among Sexual Minority Groups in India the police in non-confrontational ways and as a result, slowly sensitise them to gender and and human rights protection of MSM and TGs.

In conclusion, MSM and TG support groups and networks have made invaluable contributions to building the communities that have become the channels through which their needs are expressed. Community actions that galvanised in the years from 2000-09 are a direct result of the collective efforts of its members, NGOs, CBOs, formal and informal networks, and donors.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Part 3 Learnings and Key Recommendations

[Community action] is the most positive development that has taken place in the post-HIV scenario and that has to be strengthened. And I see in the next period, attacks on that! […] Sex workers, men having sex with men, gay people, drug users, they are going to be the victims in the future much more than they were earlier – and I think it will be the community, if it is strengthened, who will be able to prevent that, and you need to spend money on that. - , UN Special Rapporteur on Health Mumbai, June 2009

Sexual minority communities in India have become highly effective vehicles in the pursuit of human rights. Communities have the potential to serve as gatekeepers for the advancement of human rights among their members, such as was seen in the reading down of Section 377 IPC, a direct result of the efforts advanced by the community. There are invaluable tactical and strategic lessons to be learned from this process that could inform the communities at large, the Government, policy makers, and all stakeholders invested in curbing the spread of HIV and promoting human rights.

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Documenting the Growth of Community Action among Sexual Minority Groups in India 1. The Government, NGOs, donors, and sexual minority communities must make every effort to maintain candid and open discussions on sexuality issues.

Like in most other parts of the world, it is primarily the silence and the resulting ignorance around sexuality issues that have fueled vicious attacks, discrimination and prejudice against sexual minorities in India. HIV has broken the silence, pushed sexuality ‘out of the closet’ and into the realm of dialogue and discussion. It has necessitated interventions that have challenged arbitrary laws like Section 377 IPC and bigoted social mindsets. Every effort must be made to maintain candid The government and discussions on sexuality issues: courts of law, the media, Parliament, NGOs should regularly state legislatures, and schools must proactively advocate that sexual sensitise the police orientation, gender identity and gender expression are indeed human and the judiciary to rights. More immediately, the government and NGOs should regularly gender and sexual sensitise the police and the judiciary to gender and sexual diversity, and to take proactive steps towards protecting and upholding the diversity, and to human rights of sexual minorities. For long term and lasting change, take proactive steps the government should make mandatory age-appropriate sexuality towards protecting education curricula in all schools, aimed at instilling respect for gender and upholding the and sexual diversity in young minds. human rights of sexual minorities. 2. The Government must make an all-out effort to support and enforce the Delhi HC reading down Section 377 IPC on 2 July 2009, by ensuring that the police and the judiciary protect and uphold the human rights of sexual minorities.

Sexual minorities are persecuted randomly, often without cause, and not merely on grounds of HIV interventions. The sting operation in Lucknow in 2006 had little to do with HIV interventions and was a direct and

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Documenting the Growth of Community Action among Sexual Minority Groups in India vicious attack initiated by the police on gay and bisexual men. Although Section 377 IPC has been read down, it does not stop state and law enforcement agencies from attacking sexual minorities on other grounds, such as ‘unlawful gathering’ and ‘obscenity’, as indeed they have in the past. It is necessary that the wider implications of the Delhi HC judgement – of equality, privacy and dignity of all persons regardless of their gender or sexuality – be communicated among all strata of the judiciary and police. NGOs should assist the Government in this task by summarising, translating and disseminating the judgement in local languages and in ways that the judgement is easily accessible to all stakeholders, such as police, health agencies, and the communities themselves.

3. All stakeholders (Government, law enforcement, medical and others) must make every effort to formally document human rights violations.

Most instances of human rights are not documented, much less reported. HIV interventions are often accompanied by incidents of human rights violations but they are not recorded. For example, during its first round of the PIL in the Delhi High Court, Naz was unable to prove a single instance of violation. It was not until Voices Against 377 gathered affidavits of violations in 2007 that they became part of the court records. For regular documentation to happen successfully:  Systems and structures must be put in place within legal, law enforcement and community groups to document human rights violations.  Resources must be allotted for setting up systems and trainings.  HIV interventions by NGOs or CBOs must develop support groups and systems that respect the credibility and anonymity of victims and encourage them to hold their perpetrators accountable.  Systems must encourage all sub-sets of sexual minority groups to document violations, including the oft-ignored women’s violations.

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Documenting the Growth of Community Action among Sexual Minority Groups in India  Best practices on documenting human rights violations should be shared with key stakeholders.

4. Advocacy for and on behalf of the communities must not take place without the initiative and close participation of the community.

The Naz petition of 2001 excluded meaningful and realistic community input, thereby failing to prove any violations against community members. It was flawed in that it was not grounded enough in individual rights violations. It was not until the consultation and participation of the entire sexual minority community that it achieved success in the Any judicial or Delhi High Court. Rooted in the experiences of and validation by the legislative pursuit community, the consultations had a ripple effect on the community. on behalf of the Subsequent intervention by Voices Against 377 found reaffirmation in the judgement and broadened its scope from health issues to a wider community must array of human rights. It goes to show that any judicial or legislative include community pursuit on behalf of the community must include community participation participation at every at every level. Not is it only fair, it enhances many times the overall level. effectiveness of the action. Agencies and groups: Government, NGOs, CBOs, donors, etc, invested in community welfare must undertake their work in close consultation with the concerned communities.

5. Community consultations must be made accessible and effective, and must encourage candid participation.

There are some challenges to conducting successful consultations with communities. English speakers often alienate a large section of members. When just a handful of speakers dominate the proceedings, community members are not able to keep pace with technical jargon and nuances and might feel inhibited from participating fully. The Government,

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Documenting the Growth of Community Action among Sexual Minority Groups in India NGOs, CBOs, and donors must invest commensurate resources to ensure that community consultations are carried out effectively.

6. Government and donors must support community actions geared at building communities and crisis interventions.

Communities and support groups that lack the funds but are eager to mobilise their members can benefit from the expertise and support of NGOs and donors. Donors such as HIVOS, Ford Foundation, Department for International Development (DFID of the United Kingdom), and the Sexual minority UNDP have extended exceptional programmatic and financial support groups have formed to needy communities towards mobilising and organising themselves strategic and better. Other kinds of support could include: synergistic alliances  Government and donors invested in HIV/AIDS work must also extend funding and support for community mobilisation and public with women’s action such as rallies and Pride marches. movements, sex  Communities must endeavour to become self-sufficient entities and workers, PLHIV, develop multiple options for generating resources such as entering among others. For into entrepreneurial ventures, collecting donations from within the example, Planet community, tapping into alternative sources of aid, etc. Rainbow and Voices Against 377 are 7. Sexual minority communities must develop cross- coalitions that have movement alliances with groups like PLHIV, sex nurtured relationships workers, dalits and tribals. with a range of Sexual minority groups have formed strategic and synergistic alliances communities, not just with women’s movements, sex workers, PLHIV, among others. For sexual minorities. example, Planet Rainbow and Voices Against 377 are coalitions that have nurtured relationships with a range of communities, not just sexual minorities. In addition to groups based only on sexual identities such as gay groups, MSM and TGs, and lesbians, groups that make cross-

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Documenting the Growth of Community Action among Sexual Minority Groups in India movement alliances help develop common philosophies or concerns. These coalitions offer wider platforms to communities to merge their strengths, resources, and often to widen their ideological base. Coalitions not only offer solidarity, but greater flexibility in engaging with different stakeholders differently, and from multiple grounds.

8. Leaders must be nurtured and developed to manage and run CBOs and NGOs.

In order to develop effective leadership, it is imperative that CBOs, NGOs and donors identify and cultivate persons with relevant skills. Training in technical and administrative work, organising refresher and re-orientation courses, granting fellowships for the pursuit of innovative projects will go a long way in fostering talent. It is this talent, this leadership, that will in the long run, drive CBOs and NGOs efficiently and successfully.

9. Government and donors must empower CBOs to address the epidemic of HIV/AIDS among its community members.

Government, policymakers, and donors must encourage CBOs to own the process of HIV prevention and provide the necessary support and resources for its successful implementation. It is essential that the support to CBOs through capacity building and grants be consistent and long term. There must be particular allowance for CBOs to learn from their failures and make amends. On part of the communities, they should set-up systems that ensure internal accountability. For example, a network like the KSMF, which has as part of its mandate to ensure accountability from NGOs and CBOs that are vested in the community.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Annexure 1 Glossary of Terms

[Primary Source: Venkatesan Chakrapani, , L Ramki Ramakrishnan, Rajan Gupta, Claire Rappoport, Sai Subhasree Raghavan. HIV Prevention among Men who have Sex with Men (MSM) in India: Review of Current Scenario and Recommendations. Background paper prepared by Solidarity and Action Against The HIV Infection In India (SAATHII) working group on ‘HIV prevention and care among Indian GLBT/Sexuality Minority communities’, Revised Draft, April 2002.]

Aquwa (Aquwa/Ackwa Kothi): Those who wear women’s or men’s attire, but who have not yet undergone castration but may or may not want to undergo castration in the future.

Bairupi or Bairupiya (‘Fake Hijras’): In North India, some males mimic Hijras by wearing female dress and go for begging by clapping (so as to make easy money). Hijras claim that these fake Hijras (Bairupi), by their indecent behaviour in public spaces and trains, spoil the name of Hijras.

Bisexual adj., n.: One who has significant (to oneself) sexual or romantic attractions to members of the same gender and/or sex and another gender and/or sex, or who identifies as a member of the bisexual community.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Double-Decker: This refers to persons who get penetrated as well as penetrate, and those who may also have sex with women. It is because these persons get penetrated as well as penetrate other. Kothis classify these persons as a separate category - “Double-deckers”.

Eunuchs: In India, this term is commonly used to denote Alis/Hijras (who come under transgender/trans-sexual category). Originally, this term is supposed to have referred to males who have undergone emasculation not by choice, but by accident, coercion or as a punishment. E.g., In ancient times, some males were emasculated to serve as guards in royal harems.

Feminine: An often ambiguous term that refers to self-expression, performance, actions, behaviours, dress, grooming, adornment and speech popularly associated with someone who is female-bodied within a binary gender system. People of all genders can self-identify as feminine or as having feminine characteristics.

Gay: One who has significant (to oneself) sexual or romantic attractions primarily to members of the same gender or sex, or who identifies as a member of the gay community. One may identify as gay without identifying as a member of the gay community and vice versa. Though ‘gay’ is a common term for male and female homosexual persons, these days it is mainly used to denote homosexual man. Self-identified gay men do not necessarily have sex only with men, but occasionally may engage in sex with women.

Gender n.: One’s personal, social, and/or legal status as a male or female. Words that describe gender are feminine and masculine.

Gender role: It is how one appears/behaves in relation to social/cultural expectations or perceptions of how a man or woman should look/

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Documenting the Growth of Community Action among Sexual Minority Groups in India behave (i.e., how “masculine” or “feminine” an individual acts.) Society commonly has norms regarding how men and women should behave, although the argument is made that dominant normative behaviour is a dynamic, often evolving, process.

Gender-variant: Displaying gender traits that are normatively more typical of the opposite biological sex, within a given. “Feminine” behaviour or appearance in men is gender-variant as is “masculine” behavior or appearance in women. Gender-variant behaviour is culturally specific.

Gender expression or Gender statement: The public expression/ statement of one’s gender identity. Gender expression/statement is external or socially perceived. It refers to all of the external characteristics and behaviours that are socially defined as either masculine or feminine, such as dress, mannerisms, speech patterns and social interactions.

Gender identity n.: Person’s internal, deeply felt sense of being either man or woman, or something other or in between. Gender identity does not always match biological sex; for example, a person may be born biologically male yet identify as a woman. Because gender identity is internal and personally defined, it is not visible to others. In contrast, a person’s “gender expression” is external and socially perceived.

Heterosexual (n., adj.): 1. Sexual or romantic behaviour between a member of one sex and a member of another gender or sex. 2. One whose significant (to oneself) sexual or romantic attractions are primarily for members of another gender or sex. Heterosexual persons are sometimes referred to as “straight”.

Hijra: Hijras are born as biological/anatomical males who reject their ‘masculine’ identity in due course of time to identify either as women, or not-men, or in-between man and woman, or neither man nor woman.

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Documenting the Growth of Community Action among Sexual Minority Groups in India The term ‘Hijra’ is used in North India, while ‘Aravani’ and ‘Thirunangai’ are used in Tamil Nadu.

Homosexual (n., adj.): Individual with a primary sexual and affectional orientation or emotional attraction towards persons of the same sex. Male homosexuals are often referred to as ‘gay’, whereas female homosexuals are referred to as ‘lesbians’. A term often viewed as negative, overly clinical, or disempowering by members of GLBT/Sexual minority community.

Intersex(ed) persons: Persons who have the characteristics of both male and female biological organs and/or genitalia. (Formerly called as ‘hermaphrodites’).

Kothi: Males who show obvious feminine mannerisms and who involve mainly, if not only, in receptive anal/receptive oral intercourse with men. Most of the Kothi-identified males show varying degree of feminine mannerisms/behaviour and also cross-dress occasionally. These persons are akin to “queens”/”drag queens” in western countries.

Lesbian/Lesbian woman: A girl or woman who has significant (to oneself) sexual or romantic attractions primarily towards members of the same gender or sex, or who identifies as a member of the lesbian community. In India, this term is used to indicate bisexual women also.

LesBiGay: Short form for Lesbians, Bisexuals and Gay people.

LGBT Community: This represents the community of Gays, Lesbians, Bisexuals and Transgendered/trans-sexual persons. These groups often jointly fight against discrimination and stigmatisation based on one’s sexual orientation and/or gender identity and thus, identify as a common community. Also used as a term to denote the entire community of sexual minorities irrespective of identities

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Documenting the Growth of Community Action among Sexual Minority Groups in India Masculine: An often ambiguous term that refers to self-expression, performance, actions, behaviours, dress, grooming, adornment, and speech popularly associated with someone who is male-bodied within a binary gender system. People of all genders can self-identify as masculine or as having masculine characteristics.

Male: An individual’s biological status as male or female. A label used to signify a “human sex,” the biological designation based on genitalia. Can also be a socio-political term, used by an individual to label their gender identity.

Males who have Sex with Males (MSM): This is used as an umbrella term under which all biological males who have sex with other males are included, regardless of their sexual/gender identity. Thus, literally it also includes transgender/trans-sexual (male to female) persons since they are actually biological males.

Man: A term referring to someone who identifies as such, who may often exhibit masculine or male characteristics (see masculine and male). Popularly understood within a binary gender system to refer to someone who is male-bodied.

Men who have Sex with Men (MSM): This term is used to denote all those men who have sex with other men regardless of their sexual identity. This is because a man may have sex with other men but still consider himself to be a heterosexual or may not have any specific sexual identity at all. This means one has to concentrate on behaviour, in addition to the sexual categories, in the area of HIV/STD prevention.

MSM community/population: This term is used to denote the population of men who have sex with men who may or may not have ‘gay, bisexual or any other identity’. Though they are fragmented and isolated in the general population because of their commonalities,

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Documenting the Growth of Community Action among Sexual Minority Groups in India they form a ‘community’. These days, the terms ‘MSM communities’ or ‘MSM populations’ are used to stress that, like the people they comprise, these communities or populations are diverse.

Nirvan (Nirvan Kothi): Those who had undergone “Nirvana” (Salvation - as castration is known) i.e., removal of both testes and penis (voluntarily/willingly) and who are in woman’s attire. These persons are usually known as “Nirvan Kothi(s)” or simply as “Nirvan(s)” within the Hijra/Ali community.

Panthi: The term ‘Panthis’ is used by Kothis/Hijras to refer to those persons who are ‘real men’ - in the sense those who only penetrate. These days, it is used more loosely by Kothis/Hijras to denote heterosexual persons as well as any man who is masculine and who also has sex with women. This term is also used to denote the steady person (or ‘special boy friend’) of a Hijra/Kothi or the ‘husband’ of the Hijra. Some times the ‘husband’ or the steady partner is referred to simply as ‘(your) mard’ [means man, in Hindi].

Queer - From being an offensive term, “ ‘Queer’ has come to signify practices which question the heterosexual norm, i.e., that the only valid way of sexually relating to one another is within the framework of marriage and procreation…. In India, though the word queer is not commonly used, the realities of the queer experience, i.e. lives and ways of living which contest the embedded nature of in law, culture and society, have traditionally existed and continue to exist in the contemporary context.”47

Sex: 1. A term used historically and within the medical field to identify genetic/biological/hormonal/physical characteristics, including genitalia,

47 Arvind Narrain. “Queer – Despised Sexuality, Law and Social Change.” Bangalore: Books for Change. 2004, p. 1-2

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Documenting the Growth of Community Action among Sexual Minority Groups in India which are used to classify an individual as female, male, or intersexed person. 2. A person’s biological or anatomical identity as male, female or intersexed person. 3. Activity engaged in by oneself, with another, or others to express attractions and/or arousal.

Sexuality: Human sexuality encompasses the sexual knowledge, beliefs, attitudes, values, and behaviours of individuals. Its dimensions include the anatomy, physiology, and biochemistry of the sexual response system; identity, orientation, roles and personality; thoughts, feelings, and relationships. The expression of sexuality is influenced by ethical, spiritual, cultural, and moral concerns.

Sexual Identity: An inner sense of oneself as a sexual being, including how one identifies in terms of gender identity and sexual orientation. Some believe that sexual identities should never be assigned or ascribed, but only self-reported, with meanings determined by the person assuming that identity.

Sexual minorities or Sexual minority community: Refers to lesbian, gay, bisexual and transgendered/trans-sexual persons as well as persons with other identities (such as Kothis and Alis/Hijras) as a minority group in a predominantly heterosexual total population. (Sometimes referred to as ‘sexuality minorities’).

Sexual Orientation. One’s erotic, romantic, and affectional attraction. It could be to people of the same sex, to the opposite sex, or to both sexes.  . Erotic, romantic, and affectional attraction to people of the opposite sex.  . Erotic, romantic, and affectional attraction to people of both sexes.  Homosexuality. Erotic, romantic, and affectional attraction to people of the same sex.

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Documenting the Growth of Community Action among Sexual Minority Groups in India [Neither the term heterosexuality nor the term homosexuality existed before 1890. The terms ‘homosexual’ and ‘homosexuality’ may have the connotation that same gender attractions are a mental disorder (medical term: homophilia), and are therefore distasteful to some people.

Transgender(ed) person: A term used to describe those who transgress social gender norms; often used as an umbrella term to mean those who defy rigid, binary gender constructions, and who express or present a breaking and/or blurring of culturally prevalent/ stereotypical gender roles. Transgendered persons usually live full or part time in the gender role opposite to the one in which they were born. In contemporary usage, “transgender” has become an umbrella term that is used to describe a wide range of identities and experiences, including but not limited to: pre-operative, post-operative and non- operative trans-sexual people; male and female cross-dressers (sometimes referred to as “transvestites”, “drag queens”, or “drag kings”); intersexed individuals; and men and women, regardless of sexual orientation, whose appearance or characteristics are perceived to be gender atypical. (A male-to-female transgendered person is referred to as ‘transgender woman’ and a female-to-male transgendered person is referred to as ‘transgender man’).

Trans-sexual: Individual whose gender identity is that of the opposite gender (sex). There are male-to-female and female-to- male trans-sexuals. A trans-sexual may or may not have had sex re- assignment surgery and thus, could be ‘pre-operative’ trans-sexual, ‘post-operative’ trans-sexual and ‘non-operative’ trans-sexual. (A male-to-female trans-sexual person is referred to as ‘trans-sexual woman’ and a female-to-male trans-sexual person is referred to as ‘trans-sexual man’).

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Documenting the Growth of Community Action among Sexual Minority Groups in India Annexure 2 List of Key Interviewee-Respondents

Agniva Lahiri, Executive Director, PLUS, Kolkata Amitava Sarkar, Training and Advocacy Co-ordinator, TG issues, SAATHII, Kolkata Anand Grover, UN Special Rapporteur on Health; Director, Lawyers Collective’s HIV/AIDS Unit, Delhi/Mumbai Anindya Hajra, Chief Functionary, The Pratyay Gender Trust, Kolkata Anis Ray Chaudhuri, Treasurer & Director Programmes, MANAS Bangla, Kolkata Anjali Gopalan, Executive Director, Naz Foundation (India) Trust, Delhi Anupam Hazra, PLWHA Project Co-ordinator, SAATHII, Kolkata Arvind Narrain, Founder Member, Alternative Law Forum, Bangalore Aseem, Entrepreneur, Delhi Asha Bharathi, Former Director, ThAA, Chennai Ashok Row Kavi, MSM/TG Consultant, UNAIDS, Delhi Bishwadeep Ghosh, Programme Officer, HIVOS India Regional Office, Bangalore. Focus group discussion – Akkayamma, Co-ordinator, Information Division; Suman and Sonika, Activists, Sangama Gauri Sawant, Head, Sakhi Char Chowghi, Mumbai

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Documenting the Growth of Community Action among Sexual Minority Groups in India Jaya, Project Coordinator, Sahodaran, Chennai Kalki, Founder/Director, Sahodari Foundation, Chennai Laxmi Tripathi, Astitva/Activist, Mumbai Lesley Esteves, Queer Activist, Delhi Madhu Mehra, Authorised Representative, Voices Against 377; Director, Partners for Law in Development (PLD), Delhi Malobika & Akanksha, SAPPHO, Kolkata Manish, Entrepreneur, Delhi Manohar Elavarti, Co-Director, Aneka, Bangalore Maya Shankar, Co-ordinator, Sangini (India) Trust, Delhi Pawan Dhall, Country Director, SAATHI, Kolkata Pramada Menon, Independent Consultant/Queer Activist Ponni Arasu, Queer-Feminist Activist Rahul Singh, Founder Member, Pahal Foundation, Faridabad Rajendran Nathan, Programme Officer, HIVOS India Regional Office, Bangalore Rajarshi Chakraborty, Secretary, Dum Dum Swikriti Society Ramakrishnan L, Country Director, SAATHII, Chennai Richard Francis, Sahara, Delhi Saleem Kidwai, Historian, Lucknow Shiv Nanda Khan, Director, Naz Foundation International (NFI), Lucknow Siddharth Narrain, Alternative Law Forum (ALF), Bangalore Sonal Mehta, Director: Policy & Programmes, India HIV/AIDS Alliance, Delhi

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Documenting the Growth of Community Action among Sexual Minority Groups in India Sunil Gupta, Artist; Member, Nigah Media Collective, Delhi Sunil Menon, Founder Director, Sahodaran, Chennai Vikram Doctor, Member, Gay Bombay; Member, Queer Media Collective, Mumbai Vivek Anand, CEO, Humsafar Trust, Mumbai

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Documenting the Growth of Community Action among Sexual Minority Groups in India

Annexure 3 Questions that Guided Interviews with Key Respondents

1. What do you understand by ‘sexual minority groups in India’? 2. What according to you is community action? 3. Has there been a growth of community actions among sexual minority groups in India, and if so, in what way? 4. Can you please list some of the community actions you have been involved with, especially those (but not exclusively) that include legal processes? For example, the PIL challenging Section 377, IPC; or the HIV/AIDS Draft Bill; or the protest against arrest of Hijras in Bangalore last year; etc. 5. What did these community actions achieve? 6. Of these community actions, what do you perceive as challenges/ threats – internal and external? 7. Of these community actions, what do you perceive as their strengths? 8. Do you notice a shift in the methods/mechanisms adopted by contemporary community actions in India? 9. Are you aware of existing mappings of sexual minority groups/ community actions in India? 10. Are these groups/actions particularly strong in some parts of the country? What do you think is the reason? What have been some of the enabling factors? What have been some of the disabling factors? 11. Would you say there are cross-references with other concurrent social/economic/political happenings that have impacted (the growth of) community actions? Take each one of them separately

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Documenting the Growth of Community Action among Sexual Minority Groups in India (social/economic/political happenings) and please devote some thoughts on each of them. 12. What is it that is unique about community actions among sexual minority groups, than say community action among sex workers? Are there any cross learnings? 13. If Sonagachi model is to be replicated as a best practice (for dealing with the epidemic of HIV/AIDS), what does it mean or how will it translate (or may be not) for community actions among sexual minority groups? 14. Can community actions among sexual minority groups be strengthened toward an effective control of the epidemic of HIV/AIDS? How? 15. What has been the role of funding institutions and NGOs in initiating/ supporting community actions? Positive? Negative? Both? 16. What do you understand by a community based organisation (CBO)? Do you think CBOs are by their very nature better equipped? To do what? 17. Can we look beyond support groups of the nature of CBOs/NGOs, some of the emerging new spaces, e.g., Nigah, Queer Media Collective, Azaad Bazaar, Pride planning groups, and the potential growth of community actions therein? Please share some thoughts on their sustainability. 18. Can on going growth of community actions be channeled into prevention of HIV infections? Can this be done through entities like CBOs? 19. Do you think transforming or even encouraging community actions to take the shape and form of CBOs is a good way forward? If so, what will it take for community actions in their myriad forms to take the form of CBOs? How will this happen, step-by-step process? 20. Please list at least 3 most successful community actions among sexual minority groups in India that you know of and please supplement your list with your reasons for why you consider them as most successful.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Bibliography

Books: Narrain, Arvind. Queer – Despised Sexuality, Law and Social Change. Bangalore: Books for Change, 2004 Narrain, Arvind and Gautham Bhan (Ed.). Because I Have a Voice – Queer Politics in India. New Delhi: Yoda Press, 2005 Institutional Reports: AIDS Bhedbhav Virodi Andolan. Less than Gay – a citizen’s report on the status of . New Delhi.1991 APCOM Report on Mapping of MSM groups, organizations and networks in South Asia. No.3. November 2008 APCOM Report on Mapping of Transgender groups, organizations and networks in South Asia. No.2. July 2008 Campaign for Lesbian Rights (CALERI). Lesbian Emergence: A Citizens’ Report. New Delhi: Caleri, August 1999 CREA. Sexual Rights and Social Movements in India. Working Paper. New Delhi, 2006 Delhi High Court verdict on the case against Section 377 of IPC. WP(C) No.7455/2001. Date of decision : 2nd July 2009. Human Rights Watch. Epidemic of Abuse – Police Harassment of HIV/ AIDS Outreach Workers in India. Vol. 14, No. 5 (c). July 2002. http:// www.hrw.org/legacy/reports/2002/india2/india0602.pdf Humsafar Trust. Bombay Dost. Mumbai: Trinity, 2009. Vol 1.

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Documenting the Growth of Community Action among Sexual Minority Groups in India Humsafar Trust and SAATHII. INFOSEM: India Network for Sexual Minorities – Dream to Reality – a journey document. Mumbai, February 2007 India Centre for Human Rights and Law. Humjinsi – A Resource Book on Lesbian, Gay and Bisexual Rights in India. Rev. Ed. Bombay: Combat Law Publications. 2002 Lawyers Collective, The. Legislating an Epidemic – HIV/AIDS in India. Delhi: Universal Law Publishing, 2003 National AIDS Control Organisation (NACO). Targeted Interventions for High Risk Groups (HRGs) – Operational Guidelines. NACO. National AIDS Control Programme – Phase III [2007 – 2012]. Strategy and Implementation Plan. 30 November 2006 Office of the United Nations High Commissioner for Human Rights, and UNAIDS, International Guidelines on HIV/AIDS and Human Rights, 2006 Consolidated Version People’s Union for Civil Liberties (Karnataka). Human Rights Violations against Sexual Minorities in India. February 2001 People’s Union for Civil Liberties (Karnataka). Police Violence Against Transgender Community. Bangalore. September 2003 (1st edition) and December 2005 (2nd edition) US Department of State. Sexual Orientation and Gender Identity References. Human Rights Reports for 2008 – Country Reports on Human Rights Practices. http://www.globalequality.org/storage/cfge/documents/2008_hr_ report_sogi_references_1.pdf. Accessed on 14 August 2009 UNAIDS (2000). Female sex worker HIV prevention projects – Lessons learnt from Papua New Guinea, India and Bangladesh. UNAIDS Best Practice Collection. Geneva, November 2000

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Documenting the Growth of Community Action among Sexual Minority Groups in India UNAIDS (2005). HIV-Related Stigma, Discrimination and Human Rights Violations – Case studies of successful programmes. UNAIDS Best Practice Collection. Geneva, April 2005 UNAIDS (2006a). HIV and Sex Between Men – Policy Brief. http:// data.unaids.org/pub/BriefingNote/2006/20060801_Policy_Brief_ MSM_en.pdf. Accessed in July 2009 UNAIDS (2006b) Report on the global AIDS epidemic. An UNAIDS 10th anniversary special edition. Geneva, May 2006 UNAIDS (2006c). HIV and Men who have Sex with Men in Asia and the Pacific. UNAIDS Best Practice Collection. Geneva, September 2006 Venkatesan C et al. HIV Prevention Among Men Who Have Sex With Men (MSM) in India: Review of Current Scenario and Recommendations. Background paper prepared by SAATHII (Solidarity and Action Against The HIV Infection in India) working group on ‘HIV prevention and care among Indian GLBT/Sexual Minority communities. Revised Draft. Chennai, December 2001 Newspaper Reports and Articles: 4 members of International homosexual club held. Dainik Jagran. 5 January 2006. Gay Club running on Net unearthed- 4 arrested. Times of India. 5 January 2006. Cops bust gay racket…Hindustan Times. 5 January 2006 Bageshree S. and M. Raghava. Towards decriminalisation of a sexual choice, The Hindu, Wednesday, 22 October 2008, Available at http:// www.thehindu.com/2008/10/22/stories/2008102260640300.htm Dhar, Aarti, Table AIDS Bill in Budget Session, The Hindu, 16 February 2008, http://www.thehindu.com/2008/02/16/ stories/2008021657651300.htm. Accessed on 13 August 2009

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Documenting the Growth of Community Action among Sexual Minority Groups in India Nath, Dipika. Which is the real menace? The Guardian. Friday 7 November 2008. Available at http://www.guardian.co.uk/commentisfree/2008/ nov/07/india-humanrights Verma, Anuradha. NHRC comes down on gay rights. The Pioneer. 1 August 2001 Websites: Human Rights Watch. Police Violence against Activists in Bangalore on October 20, 2008. http://www.hrw.org/en/news/2008/10/28/police- violence-against-activists-bangalore-october-20-2008. Human Rights Watch. India: Repeal Colonial-Era Sodomy Law. 10 January 2006. http://hrw.org/english/docs/2006/01/11/india12398. htm. Accessed on 17 August 2009 Humsafar Trust. http://www.humsafar.org. Humsafar Trust. Projects - Shaan. http://www.humsafar.org/shaan. htm. Accessed on 7 August 2009 Humsafar Trust and SAATHII. INFOSEM: India Network for Sexual Minorities – Dream to Reality – a journey document. Mumbai, February 2007. www.humsafar.org/rc/INFOSEM%20final%20report.doc. Accessed in July 2009, INFOSEM. http://www.infosem.org/ International Gay and Lesbian Human Rights Commission. India: Action Alert – Bengaluru Police Brutally Assaulted Sexual Minorities. http:// www.asylumlaw.org/docs/sexualminorities/IndiaIGLHRC110708.pdf. Accessed on 19 August 2009 Lakshmibai R. et al. Male and Transgender Sex Workers in Tamil Nadu, India: Multiple Partners, Multiple Partner Types and Unintended Beneficiaries of Other HIV Programs in Modest Way. Int Conf AIDS. 2006 Aug 13-18;16 Abstract No. MoPE0482. http://www.aegis.com/ conferences/iac/2006/MoPE0482.html. Accessed on 7 August 2009

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Documenting the Growth of Community Action among Sexual Minority Groups in India Lawyers Collective HIV/AIDS Unit. Draft Law on HIV. http:// lawyerscollective.org/hiv-aids/draft-law. Accessed on 17 August 2009 Lawyers Collective HIV/AIDS Unit. Update on the HIV/AIDS Bill. January 2009. http://www.lawyerscollective.org/hiv-aids/draft-law/ update. Accessed on 14 August 2009 Misquith, Lorraine. HIV/AIDS: Of rights and lives…a continuing battle. http://www.lawyerscollective.org/magazine/dec2008-jan2009/ feature-3. Accessed on 17 August 2009 People’s Union for Civil Liberties (PUCL). Rainbow Planet – A progressive coalition of groups working for the rights of sexual minorities. November 2003. http://www.pucl.org/Topics/Gender/2003/rainbow-planet.htm. Accessed on 15 June 2009 Shinde S. et al. Male sex workers: are we ignoring a risk group in Mumbai, India? Indian Journal of Dermatology, Venereology and Leprology. 2009 Jan-Feb; 75(1):41-6 Voices Against 377. http://www.voicesagainst377.org/. Accessed on 17 August 2009 Voices Against 377. Supporting Groups. http://www.voicesagainst377. org/content/view/12/26/. Accessed on 17 August 2009

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Documenting the Growth of Community Action among Sexual Minority Groups in India

Documenting the Growth of Community Action among Sexual Minority Groups in India

A UNDP REPORT