Overview of Quality of Life of Older Lesbians and Trans Women in India

Total Page:16

File Type:pdf, Size:1020Kb

Overview of Quality of Life of Older Lesbians and Trans Women in India REGULAR ARTICLE Overview of Quality of Life of Older Lesbians and Trans Women in India A. Mani International Rough Set Society 9/1B, Jatin Bagchi Road, Kolkata-700029, India Email: [email protected] Web: http://www.logicamani.in ARTICLE HISTORY Compiled August 3, 2019 ABSTRACT It is well-known that lesbians, trans and queer women face considerable discrimination, exclu- sion, stigmatization, and abuse in India. That is over and above the misogyny and discrimination faced by women in the patriarchal country. LGBTQIA people were also criminalized by law till recently. In spite of all the oppression and discrimination, lesbians and trans women have always existed in the country. A number of small sample studies with limited focus have been conducted by academic bodies, NGOs, and few state transgender boards over the past few years. Some of these studies provide direct or indirect insight into the quality of life of older trans women and lesbians (QOLO). In this research, these studies are reviewed in detail from a QOLO perspective, and a number of critical conclusions are arrived at by the present author. Further, an enhanced version of QOL (and QOLO) for lesbians is also proposed by her. It is hoped that this research would be useful for motivating interdisciplinary work in a relatively neglected area. KEYWORDS Lesbians, Trans Women, Indigenous Cultural Identities, Discrimination, Stigmatization, Aging, WHOQOL, Quality Of Life, India 1. Introduction Beyond the genderism, transphobia, opposition to inclusive sex education, and stigmatization of same-sex relationships perpetrated by patriarchy, the Indian legal system has had followed colonial era laws on homosexuality, adultery, and gender discrimination till recently. Legal recognition of trans identities was ensured through the NALSA judgment in the year 2014 (see Mani (2014b), Orinam (2014)) and homosexuality was decriminalized as recently as in 2018. Apart from recognizing the right to self identify one’s gender, the judgment also called for a number of measures for ending the discrimination and social isolation of gender diverse people. It may be noted that gender diverse people within indigenous cultural/professional communities have historically been the most visible part of the LGBTQIA population in India because of global initiatives on AIDS eradication. It should be noted that no laws based on the NALSA judgment are in place as of this writing, and same sex marriages are not recognized by the courts (see Orinam(2019)). Naturally, all this has affected the state of studies on the LGBTQ population in the country. About 30% of India’s population is aged over 45 years, 15% above 55 years, and women have a life-expectancy of 70:3 years (UNFPA(2017)). There are 29 states and 7 union territories in India. Of these, only the states of Kerala, Tamil Nadu, and West Bengal have dedicated trans boards for the empowerment of trans people and indigenous gender/cultural/professional identities. These boards are expected to facilitate processing of identity documents, provide housing, healthcare, vocational training, and placement at the very least. A few subjective accounts of and fewer quantitative accounts about the lives of lesbians in India are available. Both lesbians and trans women are perceived as socially deviant women in India. Upper class and older members of both classes are typically closeted (a person is closeted if and only if their gender identity or sexual orientation is not common knowledge in the person’s social and professional circles), while lower class trans women are more visible due to ostracization. Because trans women face transphobia in addition, it makes sense to study both classes in parallel. The second section is devoted to older lesbians, related QOL challenges, and an enhanced version of QOL for the study of Indian lesbians is also proposed by the present author. The proposal is intended to change the direction of subjective approaches to the subject in relation to the question; How can subjective accounts be improved for the purposes of mining data relating to QOL? Data on LGBTQ population has never been collected in census and no large sample studies on the well-being of lesbians and trans women have been conducted because of this state-of- affairs. This is all the more alarming because the number of people aged above 60 years is expected to increase by 50% in the next five years UNFPA-Team (2017). A number of small sample studies on people of indigenous cultures aged between 15 and 65 years (including some 2 trans women), have been conducted by academic research groups, NGOs, and trans welfare boards. The aim of this overview is to critically examine these for insight into the state of older lesbians and trans women in the country. The present study is constrained by the availability or otherwise of such studies, their limitations, future prospects and not by demographic bias. Fur- ther, while researchers do have theoretical understandings of the states (on the basis of existing narratives) in which older lesbians and trans women exist, it is not possible to connect related frameworks with available work on QOL because the latter suffer from too many deficiencies. A strong conclusion of this paper is that the geriatric age for trans women should be taken to be 40. Directions for future studies have also been proposed on the basis of the main conclusions of this study. 1.1. Background This subsection is intended to clarify the terminology and concepts of sex, gender and sexuality used in this paper. From a modern scientific perspective, the sex (or biological sex) of a person is best seen as a tuple of parameters corresponding to hormonal, brain, clinical, chromosomal, and physical sex, epigenetics and more. Gender is plural term that refers to gender identity, ex- pression and gender as a social construct. Serano (2016) clarifies much on these. It is important to distinguish between the terms in any rational discourse. It is a fact that modern biology is yet to properly adapt itself to these advances in terminology as evidenced by textbooks stuck in some concept clinical/anatomical sex (Melmed et al. (2012) is an example of such a book) and genderism. Further trans-inclusive guidelines as in Coleman et al. (2011) are not part of the core training of the medical community (including doctors, nurses, administrators, trainers and ayahs) in India. People belonging to indigenous cultural and professional identities (that include gender diverse people), henceforth referred to as Indcpgids, are less understood because of myths and disinformation (see Dutta (2013)). An example of a poorly informed article is Kalra (2012) – wherein the author assumes that all Hijras are eunuchs (a common myth). Indcpgids such as Hijra, Thirunangai, Kinnar, and Kothi (that are based on culture, class, caste, sexuality and gender) do not necessarily fall under concepts of gender identity. The socially ostracized Hijra community, that has its own language, rituals, rules and occupational preferences, consists of castrated males, binary/non-binary trans women, intersex people, cis men and even cis women. Kothis are groups of lower class gay men that may indulge in occasional cross-dressing. A thirunangai, on the other hand may be a trans woman or a trans gender person or even a 3 woman with congenital adrenal hyperplasia, belonging to lower socioeconomic classes. A number of studies, originating in India, use the term transgender to refer to people of all Indcpgids. This is very problematic and will be referred to as the sloppy gender problem. The percentage of trans women among these Indcpgids is not uniformly high. Gender identity of a person is the person’s innate sense of gender and is intrinsic to the person in question. Studies show that it is strongly influenced by prenatal development. It has been shown to be hardwired modulo different assumptions and connections with genetics are also known. There are studies that also relate gender identity to brain structure, hormones in brain, and other modern biological markers of sex (see Diamond (2006); Reed and Diamond (2016); Spizzirri et al. (2018) for example). If a person identifies as a woman or as a transgender woman and if she was assigned a different gender at birth, then the person is a trans woman – in the former case she is said to be identifying on the binary. Only when people are assigned wrong gender at birth, and have sufficient dysphoria do they seem to express the incoherence with their gender identity. According to Mani (2014a) sufficiency of dysphoria can be characterized in terms of possible attribute sets. Even in 2019, trans persons do not enjoy equal legal protection from sexual and physical violence in India. Further, they have lower life expectancy in India — the average is much less than 56.2 years (the figure for Tamil Nadu). This suggests that any trans person aged over 40 should be evaluated from a geriatric perspective. In the Indian context, Indcpgids form the most visible and inhumanly discriminated group within LGBTQIA. Most lesbians remain closeted because of the generally oppressive, homophobic, and patriarchal Indian society. The 2011 census, estimated the total population of Indcpgids (recognized as communities) at 0.49 Million. This figure is known to be a bad underestimate for reasons such as inherent defects in the estimation procedure, lack of gender sensitivity in design, vagueness of the category used and hostile survey environment. Binary identified trans people were also excluded in the census by design. There are studies on the health of trans women in particular and trans persons in general, but these are not directly related to their QOL. 1.2. QOL: WHOQOL-BREF QOL is an inexact concept that may vary over time, and depend on previous instances of assessment.
Recommended publications
  • Articulating Dissident Citizenship, Belonging, and Queerness on Cyberspace
    203 Articulating Dissident Citizenship, Belonging, and Queerness on Cyberspace Rohit K. Dasgupta Winchester School of Art, University of Southampton (U.K.) [Abstract: On December 11, 2013, the Indian Supreme Court reinstated Section 377, which criminalizes sexual acts “against the order of nature.” This article is a meditation on the acts of individual and collective resistance undertaken by dissident citizens (Sparks) in order to challenge and articulate strategies to intervene and critique the State and civil society’s role in this decision. Activism is the study of the relationship between the virtual and the actual (Dave). Using three case studies, this article examines how dissident, queer citizens attempt to create queer counter-publics on digital space, thereby claiming a performative and participative form of citizenship. I extend Dave’s study of activism by drawing upon a range of experiences of activists and civilians “within the field” alongside the digital articulation and assimilation of these movements.] started writing this article at a very critical time during the history of Ithe queer movement in India. The Supreme Court ruling on Section 377 had just come in, displacing the Delhi High court’s ruling that had decriminalized homosexuality in 2009, reinstating what was a Victorian law back into the culture and social fabric of the country. While the law does not criminalize gay identity itself, it does criminalize a sexual act, thus effectively criminalizing most (if not all) queer-identified individuals in the country. Discussions on sexual culture in India have always had a ritualistic and an abject invocation of the Kamasutra and the Gandhian discourse on the erasure of desire (Srivastava 1).
    [Show full text]
  • Sappho for Equality Responds to MSJE Transgender Rights Bill (2015)
    Retrieved from: http://orinam.net/sappho-for-equality-response-msje-trans-rights-bill/ Sappho for Equality responds to MSJE Transgender Rights Bill (2015) To, Smt. Ghazala Meenai, Joint Secretary, Ministry of Social Justice and Empowerment New Delhi Sub: Comments/suggestions regarding the Rights of Transgender Persons Bill, 2015 Dear Madam, Sappho for Equality (http://www.sapphokolkata.in/) is a Kolkata based activist forum fighting for the rights of lesbian, bisexual women and transmen since 1999. We have looked at the bill put up by the Ministry and have discussed the same within our collective. Please find below some of our comments/suggestions that we would like you to consider. Comments on Transgender Bill 2015 (MSJE) by Sappho for Equality CHAPTER I: PRELIMINARY Definitions 1. Violence: The bill defines ‘violence’ as ‘the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation’ – this definition of violence includes violence towards self. Self inflicted injury cannot be placed on the same platform as violence – sexual, physical, emotional enforced by family members, neighbours, general public, police, pimps and so on. Self-harm does require a response in the form of formal and informal support services, but not in the form of criminalisation and punishment. CHAPTER II: TRANSGENDER IDENTITY Identification of Transgender Persons
    [Show full text]
  • General Editors' Introduction
    General Editors’ Introduction SUSAN STRYKER and PAISLEY CURRAH ince its inception, one of our primary goals for TSQ has been to make it a S journal that, within the constraints of being published in English at a US university press, is attentive to the transnational circulations of “transgender”— to the outright resistances to that term as well as to its adoption, dubbing, hybrid- ization, and strategic use, with all the complex negotiations of power and culture those crossings and roadblocks imply. How better to further the goal of putting pressure on the anglophone biases of the field of transgender studies than to explicitly explore the languages through which “transgender,” as an analytic lens or identitarian label, does and does not reproduce itself, how names and concepts change in the translation from one context to another, or how they remain incommensurable and untranslatable? (Of course, we recognize that this repli- cates at another level the very anglonormativity we seek to contest.) Much of the work collected here was first presented in rough form at “Translating Transgender,” an international scholarly workshop convened by translation studies scholar David Gramling, January 11–15, 2015, at the University of Arizona, with the explicit intent of including that work in a special issue of TSQ, to be coedited by Gramling and TSQ editorial board member Aniruddha Dutta. For those in attendance, the Tucson workshop was a truly remarkable intellectual and emotional experience, which one senior scholar characterized as “without a doubt the single most stimulating academic event I’ve ever partici- pated in.” We hope that some of that excitement shines through in the works from the workshop that ultimately were submitted and selected for publication, as well as the works submitted through the regular call for papers process.
    [Show full text]
  • Gender/Sexual Transnationalism and the Making Of
    Globalizing through the Vernacular: Gender/sexual Transnationalism and the Making of Sexual Minorities in Eastern India A Dissertation SUBMITTED TO THE FACULTY OF UNIVERSITY OF MINNESOTA BY Aniruddha Dutta IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Richa Nagar, Jigna Desai May 2013 © Aniruddha Dutta, 2013. i Acknowledgements The fieldwork that underlies this dissertation would not have been possible without the help and guidance of my kothi, dhurani and hijra friends and sisters who have so generously invited me into their lives and worlds. Furthermore, numerous community activists, leaders and staff members working in community-based and non-governmental organizations shared their time and insights and included me into their conversations and debates, for which I am deeply grateful. I would especially like to thank the communities, activists and staff associated with Madhya Banglar Sangram, Dum Dum Swikriti Society, Nadia Sampriti Society, Koshish, Kolkata Rista, Gokhale Road Bandhan, Kolkata Rainbow Pride Festival (KRPF), Sappho for Equality, Pratyay Gender Trust, PLUS, Amitié Trust, Solidarity and Action Against the HIV Infection in India (SAATHII), Dinajpur Natun Alo Society, Nabadiganta, Moitrisanjog Society Coochbehar, and Gour Banglar Sanhati Samiti. The detailed review and inputs by my advisers and committee members have been invaluable and have helped shape and improve the dissertation in more ways than I could enlist. I am particularly grateful to my co-advisers, Prof. Richa Nagar and Prof. Jigna Desai for their consistent and meticulous mentorship, guidance, advice and editorial inputs, which have shaped the manuscript in innumerable ways, and without which this dissertation could not have been completed on schedule.
    [Show full text]
  • India: Sexual Orientation and Gender Identity and Expression
    Country Policy and Information Note India: Sexual orientation and gender identity and expression Version 4.0 April 2021 Preface Purpose This note provides country of origin information (COI) and analysis of COI for use by Home Office decision makers handling particular types of protection and human rights claims (as set out in the Introduction section). It is not intended to be an exhaustive survey of a particular subject or theme. It is split into two main sections: (1) analysis and assessment of COI and other evidence; and (2) COI. These are explained in more detail below. Assessment This section analyses the evidence relevant to this note – i.e. the COI section; refugee/human rights laws and policies; and applicable caselaw – by describing this and its inter-relationships, and provides an assessment of, in general, whether one or more of the following applies: x A person is reasonably likely to face a real risk of persecution or serious harm x The general humanitarian situation is so severe as to breach Article 15(b) of European Council Directive 2004/83/EC (the Qualification Directive) / Article 3 of the European Convention on Human Rights as transposed in paragraph 339C and 339CA(iii) of the Immigration Rules x The security situation presents a real risk to a civilian’s life or person such that it would breach Article 15(c) of the Qualification Directive as transposed in paragraph 339C and 339CA(iv) of the Immigration Rules x A person is able to obtain protection from the state (or quasi state bodies) x A person is reasonably able to relocate within a country or territory x A claim is likely to justify granting asylum, humanitarian protection or other form of leave, and x If a claim is refused, it is likely or unlikely to be certifiable as ‘clearly unfounded’ under section 94 of the Nationality, Immigration and Asylum Act 2002.
    [Show full text]
  • A Good Practice Guide to Gender-Affirmative Care
    2017 A Good Practice Guide to Gender-Affirmative Care Initiative by Sappho for Equality Kolkata, INDIA [1] A Good Practice Guide to Gender-Affirmative Care Initiative by 21 Jogendra Garden (S), Ground Floor Kolkata - 700 078, INDIA www.sapphokolkata.in [email protected] +91 33 2441 9995 +91 9831518320 [2] CONTENTS Acronyms and Abbreviations 4 Preface 5 Introduction 16 Chapter 1: Indian Law, Transgender Identity and Gender Transition 21 Chapter 2: Therapeutic Approaches to Gender Affirmation 26 Chapter 3: Mental Health Services for Gender Affirmation 33 Chapter 4: Gender Affirmative Hormone Therapy 42 Chapter 5: Gender Affirmative Surgery 54 Chapter 6: Gender Affirmative Voice Transformation 63 Annexure 1 67 Annexure 2 68 Annexure 3 69 Annexure4 70 Annexure 5 72 [3] ACRONYMS AND ABBREVIATIONS DSM – Diagnostic and Statistical Manual of Mental Disorders FtoM / FtM – Female to Male GAT – Gender Affirmative Therapy GTRS – Gender-Transition Related Services HBV – Hepatitis B Virus HCP – Health Care Professional HIV – Human Immunodeficiency Virus ICD – International Classification of Diseases MHP – Mental Health Professional MtoF / MtF – Male to Female SRS – Sex Reassignment Surgery SRT – Sex Reassignment Therapy WPATH – The World Professional Association for Transgender Health [4] PREFACE Sappho for Equality, established in October 2003, is a queer feminist activist forum working for the rights and social justice of persons with non-normative gender-sexual identities/expressions, especially focusing on rights of lesbian, bisexual, queer women and trans* (transmasculine/ FtoM) persons. Some of its important activities are providing safe space for members of the sexually marginalized community, peer counseling, running helpline, providing mental health support, facilitating crisis intervention, interacting with researchers, students and faculty of academic institutions, running a resource center, Chetana etc.
    [Show full text]
  • Perceived Health Concerns Among Sexual Minority Women in Mumbai, India: an Exploratory Qualitative Study
    CULTURE, HEALTH & SEXUALITY, 2016 http://dx.doi.org/10.1080/13691058.2015.1134812 Perceived health concerns among sexual minority women in Mumbai, India: an exploratory qualitative study Jessamyn Bowlinga, Brian Dodgea, Swagata Banikb, Israel Rodrigueza, Shruta Rawat Mengelec, Debby Herbenicka, Lucia Guerra-Reyesa, Stephanie Sandersd, Alpana Dangec and Vivek Anandc aCenter for Sexual Health Promotion, Indiana University, Bloomington, USA; bPublic Health Program, Baldwin Wallace University, Berea, USA; cThe Humsafar Trust, Mumbai, India; dThe Kinsey Institute for Research in Sex, Gender and Reproduction, Indiana University, Indiana, USA ABSTRACT ARTICLE HISTORY The experiences of sexual minority women (i.e., women who do not Received 8 September 2015 identify as ‘heterosexual’) in India have largely been absent in scientific Accepted 16 December 2015 literature. In partnership with India’s oldest and largest sexual and KEYWORDS gender minority-advocacy organisation, the Humsafar Trust, our India; Lesbian, Gay, Bisexual, study used community-based participatory research principles to and Transgender; women; explore the lived experiences and health concerns of sexual minority bisexuality; community women in Mumbai. Study methodologies included interviews with health key informants, a focus group comprised of six women, and an additional 12 in-person interviews with sexual minority women to identify important physical, mental, social and other health priorities from these women’s perspectives. Thematic data are organised within the framework
    [Show full text]
  • LBT and Ally Groups Write to Standing Committee on Trans Bill 2016
    Retrieved from: http://orinam.net/lbt-ally-letters-standing-committee-tg-bill-2016/ LBT and ally groups write to Standing Committee on Trans Bill 2016 LETTER 1 Date: October 20th 2016 To, Director Standing Committee on Social Justice and Empowerment Lok Sabha Secretariat Parliament House New Delhi Subject: Suggestions on Transgender Persons (Protection of Rights) Bill, 2016 Respected Madam/ Sir, We are writing to you in reference to the recent Transgender Persons (Protection of Rights) Bill, 2016 (and the subsequent call for recommendations by the Parliamentary Standing Committee), that has moved away from the NALSA judgement (2014), Private Member’s Bill by Tiruchi Siva (2014), and MSJE Bill (2015) to such an extent that we strongly believe that it will result in further discrimination and violence towards the transgender community. While the NALSA judgement and the subsequent bills provided a ray of hope to the community, the current bill of 2016 has grossly undermined NALSA’S spirit and technicalities. Based on preliminary readings of the bill we would like to flag certain concerns. Going forward, we believe the aspects we are objecting to are non-negotiable and need to addressed and revised urgently. Additionally, consultations across the country are already under way. Hence, for a detailed analysis, we insist that the government allows us (activists, organisation and people from the community), a minimum period of 30 days in order to produce a cohesive list of objections to the bill. Concerns and suggestions: 1. Definition: The definition takes away the right of a transgender person of self- identification and is instead based on a biological determinist argument and the hegemonic notions of gender binary.
    [Show full text]
  • INDIA LGBTI Landscape Analysis of Political, Economic & Social Conditions | 5 COUNTRY BACKGROUND
    India LGBTI: Landscape Analysis of Political, Economic & Social Conditions Authors: Katie Zaman, Namita Chad, and Irene Schneeweis Researcher: Katie Zaman Proofreaders: Ayana Byrd and Kenrya Rankin Naasel Contributors: Kellea Miller and Bridget de Gersigny Designer: Design Action Collective This report was produced by The Astraea Lesbian Foundation for Justice, the only philanthropic organization working exclu- sively to advance LGBTQI rights around the globe. We support hundreds of brilliant and brave grantee partners in the U.S. and internationally who challenge oppression and seed social change. We work for racial, economic, social and gender justice, because we all deserve to live our lives freely, without fear, and with profound dignity. Cover photo: Delhi Queer Pride 2010. Delhi, India. Photo courtesy of Wikimedia Commons user Noopur28. Copyright © 2016 by Astraea Lesbian Foundation for Justice CONTENTS Introduction ....................................................................................................................................4 Country Background .......................................................................................................................6 Life for LGBTI People in India ..............................................................................................8 Legal Protections ......................................................................................................................8 Social, Economic and Health Conditions ................................................................................9
    [Show full text]
  • Annual Report 2018
    ANNUAL REPORT 2018 The International Lesbian, Gay, Bisexual, Trans and Intersex Asso- ciation is grateful for the work and support of its member organisations, staff, interns and board members. A heartfelt shout-out and thank you goes to all the LGBTI activists around the world for the time and energy they commit to advancing LGBTI equality everywhere. Last but not least, our thanks to the following organisations who in particular have made our work financially possible in 2018: 2 “Our pride and love are greater than our grief and fear” Justice Edwin Cameron, Pan Africa ILGA conference, June 2018 3 ph. Robin Benzrihem on Unsplash ear friends, the public domain. As the year closed, (then named) International Gay Asso- D 2018: what a bittersweet year! reports arrived that women and men ciation. in Chechnya were targeted again in a Today, we are more than 1,500 We have significant reasons to resurgence of ‘purges’. organisations from over 150 coun- rejoice. In 2018, California became For every inch of protection and tries and territories, queerer and the first state in the USA to condemn recognition that our communities more diverse than ever. unnecessary surgeries on intersex gained, hate, disrespect and violence We have history. We have victo- children. Shameful parts of an endur- keep rearing their ugly heads. Political ries. We have a global family to stand ing colonial legacy are finally tumbling and other leaders continue to demon- with. down, as India and Trinidad and Toba- ise and scapegoat vulnerable minori- The 2019 World Conference in go decriminalised same-sex relations, ties.
    [Show full text]
  • Improving LGBT Rights in South Asia Through Strengthening Csos Final Report
    2013:45 Sida Decentralised Evaluation Paul Balogun Viktoria Hildenwall Venkatesan Chakrapani Review of RFSU’s Regional Programme – Improving LGBT rights in South Asia through strengthening CSOs Final Report Review of RFSU’s Regional Programme – Improving LGBT rights in South Asia through strengthening CSOs Final Report January 2013 Paul Balogun Viktoria Hildenwall Venkatesan Chakrapani Sida Decentralised Evaluation 2013:45 Sida Authors: Paul Balogun, Viktoria Hildenwall and Venkatesan Chakrapani The views and interpretations expressed in this report are the authors’ and do not necessarily reflect those of the Swedish International Development Cooperation Agency, Sida. Sida Decentralised Evaluation 2013:45 Commissioned by Sida Copyright: Sida and the authors Date of final report: January 2013 Published by Citat 2013 Art. no. Sida61673en urn:nbn:se:sida-61673en This publication can be downloaded from: http://www.sida.se/publications SWEDISH INTERNATIONAL DEVELOPMENT COOPERATION AGENCY Address: S-105 25 Stockholm, Sweden. Office: Valhallavägen 199, Stockholm Telephone: +46 (0)8-698 50 00. Telefax: +46 (0)8-20 88 64 E-mail: [email protected]. Homepage: http://www.sida.se Table of Contents Abbreviations and acronyms ........................................................................................................ 2 1. Introduction ......................................................................................................................... 3 2. Brief description of the programme’s activities.....................................................................
    [Show full text]
  • Immigration and Refugee Board of Canada
    Responses to Information Requests - Immigration and Refugee Board of... https://irb-cisr.gc.ca/en/country-information/rir/Pages/index.aspx?doc=4... India: Treatment of sexual and gender minorities, including legislation, state protection, and support services, particularly in Mumbai, Kolkata, and Delhi (2017- May 2019) 1. Legislation 1.1 Decriminalization of Same-Sex Consensual Relations According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)'s State-Sponsored Homophobia 2019, same-sex sexual acts are legal in India, but neither same-sex marriages nor civil unions are recognized (ILGA Mar. 2019, 531). Sources report that same-sex consensual relations were decriminalized in India in September 2018, when the Supreme Court declared that Section 377 of the Penal Code was unconstitutional (Freedom House 30 Jan. 2019; ILGA Mar. 2019, 187; Human Rights Watch 6 Sept. 2018). The Supreme Court decision in Navtej Singh Johar & Ors. versus Union of India was pronounced on 6 September 2018 (ILGA Mar. 2019, 142; India 2018a, 52). For further information on Section 377 of the Indian Penal Code, see Response to Information Request IND105380 of December 2015. The Indian press agency Press Trust of India (PTI) reported in April 2019 that the Supreme Court dismissed a review plea seeking various civil rights for the LGBTQ community: The plea had sought civil rights of the [LGBTQ] community as part of the basic human rights and said that these rights were not addressed in the apex court's judgement on Section 377 of the [penal code] which had criminalised consensual gay sex. It had sought recognition of their rights to same-sex marriages, adoption, surrogacy, IVF [in vitro fertilization] and directions so that the community can serve openly in the army, navy and air force.
    [Show full text]