Documenting the Growth of Community Action among Sexual Minority Groups in India 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 © United Nations 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 iii 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 Gay Bombay 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 Lesbian Gay Bisexual Transgender 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 v 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 vi 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 human rights 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 vii 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, discrimination 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 viii Documenting the Growth of Community Action among Sexual Minority Groups in India referred as LGBT), intersex, and queer (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 sexual identity. 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%. ix 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 Humsafar Trust, 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,