Intersex rights in India
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; ne, हिजडा; Marathi: हिजडा). In Telugu, they are referred to as ( నపుంసకుడు) or (హిజ్రా), in
Urdu Urdu (;"Urdu"
'' ہیجڑا), in
Gujarati Gujarati may refer to: * something of, from, or related to Gujarat, a state of India * Gujarati people, the major ethnic group of Gujarat * Gujarati language, the Indo-Aryan language spoken by them * Gujarati languages, the Western Indo-Aryan sub ...
as (પાવૈયા) or ( હીજડા), in
Tamil Tamil may refer to: * Tamils, an ethnic group native to India and some other parts of Asia **Sri Lankan Tamils, Tamil people native to Sri Lanka also called ilankai tamils **Tamil Malaysians, Tamil people native to Malaysia * Tamil language, nativ ...
as '' aravani'' (), in Punjabi as ( ਖੁਸਰਾ), in Odia as (ହିଂଜଡା), in Sindhi as ( کدڙا), in
Malayalam Malayalam (; , ) is a Dravidian languages, Dravidian language spoken in the Indian state of Kerala and the union territories of Lakshadweep and Puducherry (union territory), Puducherry (Mahé district) by the Malayali people. It is one of 2 ...
as (ഷണ്‌ഡന്‍) or ( ഹിജഡ), in
Kannada Kannada (; ಕನ್ನಡ, ), originally romanised Canarese, is a Dravidian language spoken predominantly by the people of Karnataka in southwestern India, with minorities in all neighbouring states. It has around 47 million native s ...
as ( ಚಕ್ಕ), in Konkani as ''khojji'' (), in Manipuri as , in Kashmiri as ''napumsakh'' (), in Assamese as ''npunnsk'' (), in Santali as ''cakra'' (), in
Sanskrit Sanskrit (; attributively , ; nominally , , ) is a classical language belonging to the Indo-Aryan branch of the Indo-European languages. It arose in South Asia after its predecessor languages had diffused there from the northwest in the late ...
as ''klība'' (), ''napumsa'' () or ''shandha'' (), and in Mizo as . In English language publications, these terms are given to
eunuch A eunuch ( ) is a male who has been castrated. Throughout history, castration often served a specific social function. The earliest records for intentional castration to produce eunuchs are from the Sumerian city of Lagash in the 2nd millenni ...
s,
intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bin ...
people or
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
people. ''Hijras'' were legally granted voting rights as a
third sex Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders. The term ''third'' is usually ...
in 1994. Due to alleged legal ambiguity of the procedure, Indian transgender individuals have difficulties accessing safe medical facilities for surgery. On 15 April 2014, the Supreme Court of India declared transgender people a socially and economically suppressed class entitled to reservations in education and jobs, and also directed union and state governments to frame welfare schemes for them. The Court ruled that transgender people have a fundamental constitutional right to change their gender without any sort of surgery, and called on the Union Government to ensure equal treatment for transgender people. The Court also ruled that the Indian Constitution mandates the recognition of a third gender on official documents, and that Article 15 bans discrimination based on gender identity. In light of the ruling, government documents, such as voter ID cards, passports and bank forms, have started providing a third gender option alongside male (M) and female (F), usually designated as "other" (O), "third gender" (TG) or "transgender" (T). In 2013, transgender and gender activists S. Swapna and
Gopi Shankar Madurai Gopi Shankar Madurai, born 13 April 1991, is an Indian equal rights and Indigenous rights activist. Shankar was one of the youngest, and the first openly intersex and genderqueer statutory authority and one of the candidates to contest in 2016 ...
from Srishti Madurai staged a protest in the
Madurai Madurai ( , also , ) is a major city in the Indian state of Tamil Nadu. It is the cultural capital of Tamil Nadu and the administrative headquarters of Madurai District. As of the 2011 census, it was the third largest Urban agglomeration in ...
collectorate on 7 October 2013 demanding reservation and to permit alternate genders to appear for examinations conducted by TNPSC, UPSC, SSC and Bank exams. Swapna, incidentally, had successfully moved the Madras High Court in 2013 seeking permission to write the TNPSC Group II exam as a female candidate. Swapna is the first transgender person to clear TNPSC Group IV exams. On 24 April 2015, the
Rajya Sabha The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. , it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using si ...
unanimously passed the ''
Rights of Transgender Persons Bill, 2014 The Rights of Transgender Persons Bill, 2014 is a proposed Act of the Parliament of India which seeks to end the discrimination faced by transgender people in India. The Bill was passed by the upper house Rajya Sabha on 24 April 2015. It was ...
'' guaranteeing rights and entitlements, reservations in education and jobs (2% reservation in government jobs), legal aid, pensions, unemployment allowances and skill development for transgender people. It also contained provisions to prohibit discrimination in employment as well as prevent abuse, violence and exploitation of transgender people. The bill also provided for the establishment of welfare boards at the centre and state level as well as for transgender rights courts. The bill was introduced by DMK MP Tiruchi Siva, and marked the first time the upper house had passed a private member's bill in 45 years. However, the bill contained several anomalies and a lack of clarity on how various ministries would coordinate to implement its provisions. The bill was never brought to a vote in the lower house. Social Justice and Empowerment Minister Thaawar Chand Gehlot stated on 11 June 2015 that the Union Government would introduce a new comprehensive bill for transgender rights in the Monsoon session of Parliament. The bill would be based on the study on transgender issues conducted by a committee appointed on 27 January 2014. According to Gehlot, the Government sought to provide transgender people with all rights and entitlements currently enjoyed by scheduled castes and scheduled tribes. The ''Transgender Persons (Protection of Rights) Bill, 2016'', which was initially introduced to Parliament in August 2016, was re-introduced to Parliament in late 2017. Some transgender activists have opposed the bill because it does not address issues such as marriage, adoption and divorce for transgender people. Akkai Padmashali criticised the bill's definition of transgenderism, which states that transgender people are "based on the underlying assumption of
biological determinism Biological determinism, also known as genetic determinism, is the belief that human behaviour is directly controlled by an individual's genes or some component of their physiology, generally at the expense of the role of the environment, whether i ...
". The bill passed the
Lok Sabha The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-p ...
on 17 December 2018 with 27 amendments, including a controversial clause prohibiting transgender people from begging. The bill was sent to a parliamentary committee, but lapsed with the dissolution of the 16th Lok Sabha. A government bill, the ''Transgender Persons (Protection of Rights) Bill, 2019'', was reintroduced to Parliament after the 2019 general election. The bill was approved on 10 July by the
Cabinet of India The Union Council of Ministers Article 58 of the ''Constitution of India'' is the principal executive organ of the Government of India, which is responsible for being the senior decision making body of the executive branch. It is chaired by t ...
. The bill defines transgender persons as those "whose gender does not match the gender assigned to that person at birth and includes trans-men or trans-women, persons with intersex variations, gender-queers, and persons having socio-cultural identities such as kinnar, hijras, aravani and jogta". A person would have the right to choose to be identified as male, female or "transgender". However, transgender people are required to go to a district magistrate to have their gender identity certified, and require proof of
sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and a ...
. The bill prohibits discrimination against transgender people in nine fields, such as education, employment and healthcare. However, transgender activists criticised that the bill is silent on a real remedy or mechanism to integrate transgender people into public spaces and improve the quality of their lives, or on how the State intends to enforce this, or about what the State will do, if and when such discrimination does occur. The bill was also criticised for not taking into account any of the suggestions made by transgender activists; namely that it only provides for transgender persons to receive identity certificates recognising them as "transgender" and therefore, excludes other gender identities. Although it includes terms such as "trans-men", "trans-women", "persons with intersex variations" and "gender-queers" in its definition of transgender persons, these terms are not defined. The bill aims to set up a "National Council for Transgender" that would comprise a host of government and community representatives, and is meant to advise the
Union Government The Government of India ( ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, ...
on formulation of policies with respect to transgender persons, monitor and evaluate the impact of said policies, coordinate the activities of all departments dealing with these matters and redress the grievances of transgender persons. A controversial clause that would have criminalised begging by transgender people was removed from the bill. Another controversial clause that would have made transgender people subject themselves to certification by a district screening committee to be acknowledged as transgender was also struck out. The legislation received further criticism concerning the issue of sexual assault; it provides for maximum two years' imprisonment for sexually assaulting a transgender person, whereas the minimum penalty for raping a cisgender woman is 10 years. The bill was passed by the Lok Sabha on 5 August 2019 by a
voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...
, and by the Rajya Sabha on 25 November 2019. It was signed into law by President
Ram Nath Kovind Ram Nath Kovind (; born 1 October 1945) is an Indian politician who served as the 14th President of India from 2017 to 2022. He is a member of the Bharatiya Janata Party. He is the second person after K. R. Narayanan, from the Dalit community ...
on 5 December, becoming the ''
Transgender Persons (Protection of Rights) Act, 2019 The Transgender Persons (Protection of Rights) Act, 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters. The act was introduced ...
''. On 22 April 2019, the Madras High Court, the high court of
Tamil Nadu Tamil Nadu (; , TN) is a state in southern India. It is the tenth largest Indian state by area and the sixth largest by population. Its capital and largest city is Chennai. Tamil Nadu is the home of the Tamil people, whose Tamil language ...
, ruled that the term "bride" under the ''
Hindu Marriage Act, 1955 The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hin ...
'' includes trans women. Specifically, it directed the authorities to register a marriage between a man and a transgender woman.


State laws

The states of
Tamil Nadu Tamil Nadu (; , TN) is a state in southern India. It is the tenth largest Indian state by area and the sixth largest by population. Its capital and largest city is Chennai. Tamil Nadu is the home of the Tamil people, whose Tamil language ...
and
Kerala Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South ...
were the first
Indian states India is a federal union comprising 28 states and 8 union territories, with a total of 36 entities. The states and union territories are further subdivided into districts and smaller administrative divisions. History Pre-indepen ...
to introduce a transgender welfare policy. According to the policy, transgender people can access free
sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and a ...
(SRS) in government hospitals (only for male-to-female), free housing, various citizenship documents, admission in government colleges with full scholarship for higher studies, alternative sources of livelihood through formation of self-help groups (for savings) and initiating income-generation programmes (IGP). Tamil Nadu was also the first state to form a transgender welfare board with representatives from the transgender community. Kerala started providing free surgery in government hospitals in 2016. The state of
West Bengal West Bengal (, Bengali: ''Poshchim Bongo'', , abbr. WB) is a state in the eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of . West Bengal is the fou ...
set up a transgender welfare board in 2015 to coordinate all policy decisions and development work pertaining to the transgender population in the state. The board, however, has been labelled an "all-around failure" by several transgender activists. Supposed to meet once every month with representatives from numerous state government departments, the board has only met five times as of July 2017. In July 2016, the state of
Odisha Odisha (English: , ), formerly Orissa ( the official name until 2011), is an Indian state located in Eastern India. It is the 8th largest state by area, and the 11th largest by population. The state has the third largest population of ...
enacted welfare benefits for transgender people, giving them the same benefits as those living below the poverty line. This was aimed at improving their overall social and economic status, according to the Odisha Department of Social Security. The
Government of Himachal Pradesh The Government of Himachal Pradesh also known as the State Government of Himachal Pradesh, or locally as State Government, is the supreme governing authority of the Indian state of Himachal Pradesh. It consists of an executive branch, led by th ...
has set up medical boards at the district and state level for assisting transgender people. The state has also enacted various schemes providing pension, skill development, scholarship and financial support for parents of transgender people. In April 2017, the
Ministry of Drinking Water and Sanitation The Ministry of Drinking Water and Sanitation was a ministry of the Government of India formed in 2011. From May 2019, the ministry has been merged with the Ministry of Jal Shakti. In 1999, the Department of Drinking Water Supply (DDWS) was for ...
instructed states to allow transgender people to use the public toilet of their choice. A transgender board was established in
Chandigarh Chandigarh () is a planned city in India. Chandigarh is bordered by the state of Punjab to the west and the south, and by the state of Haryana to the east. It constitutes the bulk of the Chandigarh Capital Region or Greater Chandigarh, which a ...
on 22 August 2017. The board comprises members from the police department, the social welfare department, the education department and the law department, health professionals, and representatives of
Panjab University Panjab University (PU) is a collegiate public state university located in Chandigarh, Punjab. Funded through both State and Union governments, it is considered a state university. It traces its origins to the University of the Punjab in Laho ...
, and others. In October 2017, the
Karnataka Karnataka (; ISO: , , also known as Karunāḍu) is a state in the southwestern region of India. It was formed on 1 November 1956, with the passage of the States Reorganisation Act. Originally known as Mysore State , it was renamed ''Karnat ...
Government issued the "State Policy for Transgenders, 2017", with the aim of raising awareness of transgender people within all educational institutions in the state. Educational institutions will address issues of violence, abuse and discrimination against transgender people. It also established a monitoring committee designed with investigating reports of discrimination. On 28 November 2017, N. Chandrababu Naidu, the
Chief Minister A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union terri ...
of
Andhra Pradesh Andhra Pradesh (, abbr. AP) is a state in the south-eastern coastal region of India. It is the seventh-largest state by area covering an area of and tenth-most populous state with 49,386,799 inhabitants. It is bordered by Telangana to the ...
, announced the enactment of pension plans for transgender people. On 16 December 2017, the Andhra Cabinet passed the policy. According to the policy, the State Government will provide an amount of ₹1,500 per month to each transgender person above the age of 18 for social security pensions. The Government will also construct special toilets in public places, such as malls and cinema halls, for transgender people. In addition, the state has also established a transgender welfare board. In January 2018, the Kashmiri Finance Minister introduced a proposal to the Jammu and Kashmir Legislative Assembly that would grant transgender people free life and medical insurance, and a monthly sustenance pension for those aged 60+ and registered with the Social Welfare Department. Transgender activists have criticised aspects of the bill, including its requirement to establish medical boards to issue "transgender certificates". The
Government of Delhi The Government of Delhi, officially the Government of the National Capital Territory of Delhi (GNCTD) is the governing body of the Union Territory of Delhi, whose urban area is the seat of the Government of India. It also governs the city or l ...
announced its intention in May 2018 to establish a seven-member committee to review issues surrounding the transgender community, including concerns of sexual abuse, discrimination at work as well as other societal problems. "We will have a dedicated cell for transgender people, which will be headed by a representative from the community. The commission receives a lot of complaints of abuse against them. The cell will enable us to focus on issues faced by ransgender peopleand providing members greater support and safety.", said Swati Maliwal, chief of the Delhi Commission for Women. In July 2018, the
Rajasthan Rajasthan (; lit. 'Land of Kings') is a state in northern India. It covers or 10.4 per cent of India's total geographical area. It is the largest Indian state by area and the seventh largest by population. It is on India's northwestern s ...
Transgender Welfare Board (RTWB) announced it would begin issuing "multi-purpose identity cards" to about 75,000 transgender people in the state to help them access government schemes and benefits. The
Uttarakhand Uttarakhand ( , or ; , ), also known as Uttaranchal ( ; the official name until 2007), is a state in the northern part of India. It is often referred to as the "Devbhumi" (literally 'Land of the Gods') due to its religious significance and ...
High Court directed the State Government in late September 2018 to provide reservation for transgender people in educational institutions, and to frame social welfare programmes for the betterment of transgender people. In early 2019, the Social Welfare Department of
Assam Assam (; ) is a state in northeastern India, south of the eastern Himalayas along the Brahmaputra and Barak River valleys. Assam covers an area of . The state is bordered by Bhutan and Arunachal Pradesh to the north; Nagaland and Manipur ...
published a draft "transgender policy" with numerous objectives, including providing transgender people access to educational institutions, providing shelter and sanitation for the homeless, raising awareness, and issuing self-identification identity cards. The All Assam Transgender Association has criticised certain aspects of the policy, namely its definition of the term "transgender". In February 2019, the Maharashtra Government set up a "Transgender Welfare Board" to conduct health programmes and provide formal education and employment opportunities to transgender people. The board provides skill development programmes to help transgender people find a job and free accommodation for those seeking scholarships. A similar board was also set up in the neighbouring state of
Gujarat Gujarat (, ) is a state along the western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the fifth-largest Indian state by area, covering some ; and the ninth ...
that same month. The Gujarat board provides various welfare programmes for employment and education, and coordinates with state departments to ensure that the transgender community is able to take advantage of government schemes. An educational campaign was also established in order to sensitise the public. In July 2019, the
Bihar Bihar (; ) is a state in eastern India. It is the 2nd largest state by population in 2019, 12th largest by area of , and 14th largest by GDP in 2021. Bihar borders Uttar Pradesh to its west, Nepal to the north, the northern part of West ...
Government announced the creation of a transgender welfare board, which would investigate and report on social and legal challenges faced by transgender people in the state and provide financial assistance of up to ₹ for
sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and a ...
. In addition, those who refuse house on rent or medical facilities to transgender individuals would be eligible for imprisonment ranging between six months to two years. In August 2019, the state of
Madhya Pradesh Madhya Pradesh (, ; meaning 'central province') is a state in central India. Its capital is Bhopal, and the largest city is Indore, with Jabalpur, Ujjain, Gwalior, Sagar, and Rewa being the other major cities. Madhya Pradesh is the seco ...
announced its intention to set up a welfare board for the transgender community in the near future. Issues will include a monthly allowance to parents of intersex children, provisions for job reservations for transgender persons in government and separate public toilets.


Third gender literature and studies

''Vaadamalli'' by novelist Su. Samuthiram is the first
Tamil Tamil may refer to: * Tamils, an ethnic group native to India and some other parts of Asia **Sri Lankan Tamils, Tamil people native to Sri Lanka also called ilankai tamils **Tamil Malaysians, Tamil people native to Malaysia * Tamil language, nativ ...
novel about the local '' aravani'' community in Tamil Nadu, published in 1994. Transgender activist A. Revathi became the first ''
hijra Hijra, Hijrah, Hegira, Hejira, Hijrat or Hijri may refer to: Islam * Hijrah (often written as ''Hejira'' in older texts), the migration of Muhammad from Mecca to Medina in 622 CE * Migration to Abyssinia or First Hegira, of Muhammad's followers ...
'' to write about ''hijra'' issues and gender politics in Tamil. Her works have been translated into more than eight languages and act as a primary resource on gender studies in Asia. Her book is part of a research project for more than 100 universities. She is the author of ''Unarvum Uruvamum'' ("Feelings of the Entire Body"), the first of its kind in English from a member of the ''hijra'' community. She also acted and directed several stage plays on gender and sexuality issues in Tamil and
Kannada Kannada (; ಕನ್ನಡ, ), originally romanised Canarese, is a Dravidian language spoken predominantly by the people of Karnataka in southwestern India, with minorities in all neighbouring states. It has around 47 million native s ...
. ''The Truth about Me: A Hijra Life Story'' by A. Revathi is part of the syllabus for final year students of The American College in Madurai. The American College is the first college in India to introduce
third gender Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders. The term ''third'' is usuall ...
literature and studies with research-oriented seminars. Naan Saravanan's ''Alla'' (2007) and Vidya's ''I Am Vidya'' (2008) were among early
trans woman A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and s ...
autobiographies. Kalki Subramaniam's '' Kuri Aruthean'' ("Phallus, I cut") is a collection of Tamil poems about transgender lives. The American College in Madurai also introduced ''Maraikappatta Pakkangal'' ("Hidden Pages") as a course book for "Genderqueer and Intersex Human Rights studies" as part of the curriculum for Tamil and English department students in 2018. It is the first book on the LGBT community in the Tamil language, launched by
Gopi Shankar Madurai Gopi Shankar Madurai, born 13 April 1991, is an Indian equal rights and Indigenous rights activist. Shankar was one of the youngest, and the first openly intersex and genderqueer statutory authority and one of the candidates to contest in 2016 ...
and state
BJP The Bharatiya Janata Party (BJP; ; ) is a political party in India, and one of the two major Indian political parties alongside the Indian National Congress. Since 2014, it has been the ruling political party in India under Narendra Mo ...
leader
Vanathi Srinivasan Vanathi Srinivasan ( /ʋaːnati/) is an Indian politician and a lawyer. As a lawyer, she has practiced in Madras High Court since 1993. She is a member of the Tamil Nadu Legislative Assembly from Coimbatore South constituency. She currently ...
in 2014.


Conversion therapy

In February 2014, the
Indian Psychiatric Society The Indian Psychiatric Society (IPS) is the main professional organization of psychiatrists in India. It was founded in 1929 under the banner of the Royal Medico Psychological Association. Its current president is Dr. N.N. Raju. Founding The o ...
(IPS) issued a statement in which it stated that there is no evidence to prove that homosexuality is unnatural: "Based on existing scientific evidence and good practice guidelines from the field of psychiatry, the Indian Psychiatric Society would like to state that there is no evidence to substantiate the belief that homosexuality is a mental illness or a disease." In June 2018, IPS reiterated its stance on homosexuality saying: "Certain people are not cut out to be heterosexual and we don't need to castigate them, we don't need to punish them, to ostracize them". Despite this statement from the IPS, conversion therapies are still performed in India. These practices usually involve
electroconvulsive therapy Electroconvulsive therapy (ECT) is a psychiatric treatment where a generalized seizure (without muscular convulsions) is electrically induced to manage refractory mental disorders.Rudorfer, MV, Henry, ME, Sackeim, HA (2003)"Electroconvulsive th ...
(which may lead to memory loss), hypnosis, the administration of nausea-inducing drugs, or more commonly talk therapy where the individual is told that homosexuality is caused by "insufficient male affirmation in childhood" or "an uncaring father and an overbearing mother". Conversion therapy can lead to depression, anxiety, seizures, drug use and suicidal tendencies for the individuals involved. In 2022,
National Medical Commission National Medical Commission (NMC) is an Indian regulatory body of 33 members which regulates medical education and medical professionals. It replaced the Medical Council of India on 25 September 2020. The Commission grants recognition of medi ...
banned the practice of 'conversion therapy'.


''S Sushma v. Commissioner of Police''

On April 28, 2021, Madras High Court Justice
N Anand Venkatesh Justice N Anand Venkatesh is a sitting Judge of the Charted Madras High Court, High Court of Madras. Early life N Anand Venkatesh was born on 4 July 1969. He studied in St. Mary’s School at Perambur. He graduated with Bachelor of Commerce fr ...
passed interim orders in response to a petition filed by two young women with same sex orientation. In an unprecedented move, he decided to undergo psycho-education before penning a judgment on same sex relationships.Justice
N Anand Venkatesh Justice N Anand Venkatesh is a sitting Judge of the Charted Madras High Court, High Court of Madras. Early life N Anand Venkatesh was born on 4 July 1969. He studied in St. Mary’s School at Perambur. He graduated with Bachelor of Commerce fr ...
said that psycho-educative counseling on queer issues helped him shed his personal ignorance and prejudices. He clearly stated in the judgment that the responsibility to change, the burden of unlearning stigma, and learning about the lived experience of the LGBT people lies on the society and not the queer individuals. The court recognized that there is an absence of a specific law to protect the interests of queer people and acknowledged it is the responsibility of the constitutional courts to fill this vacuum with necessary directions to ensure the protection of same-sex couples from harassment sourced from stigma and prejudices. On 7 June 2021, in delivering the verdict on this case, Justice
N Anand Venkatesh Justice N Anand Venkatesh is a sitting Judge of the Charted Madras High Court, High Court of Madras. Early life N Anand Venkatesh was born on 4 July 1969. He studied in St. Mary’s School at Perambur. He graduated with Bachelor of Commerce fr ...
prohibited
Conversion Therapy Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and cl ...
. He suggested comprehensive measures to sensitize the society and various branches of the State including the Police and judiciary to remove prejudices against the LGBTQIA+ community. He suggested that changes be made to the curricula of schools and universities to educate students on understanding the LGBTQIA+ community.


Living conditions

There are many avenues for the LGBT community in metro cities for meeting and socialising. These include GayBombay (
Mumbai Mumbai (, ; also known as Bombay — List of renamed Indian cities and states#Maharashtra, the official name until 1995) is the capital city of the Indian States and union territories of India, state of Maharashtra and the ''de facto'' fin ...
), Good as You (
Bangalore Bangalore (), List of renamed places in India, officially Bengaluru (), is the Capital city, capital and largest city of the Indian state of Karnataka. It has a population of more than and a metropolitan area, metropolitan population of a ...
), HarmlessHugs (
Delhi Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, primarily its western or right bank, Delhi shares borders ...
), Orinam (
Chennai Chennai (, ), formerly known as Madras ( the official name until 1996), is the capital city of Tamil Nadu, the southernmost Indian state. The largest city of the state in area and population, Chennai is located on the Coromandel Coast of th ...
),
Queerala Queerala, a registered community based Organisation (CBO) for Malayali LGBTIQ people, gives adequate support to Malayali persons who belong to the sexual and gender minorities. Queerala originally started in May 2013 as a secret Facebook page wher ...
(
Kochi Kochi (), also known as Cochin ( ) ( the official name until 1996) is a major port city on the Malabar Coast of India bordering the Laccadive Sea, which is a part of the Arabian Sea. It is part of the district of Ernakulam in the state of K ...
), Queerythm (
Thiruvananthapuram Thiruvananthapuram (; ), also known by its former name Trivandrum (), is the capital of the Indian state of Kerala. It is the most populous city in Kerala with a population of 957,730 as of 2011. The encompassing urban agglomeration populati ...
), Mobbera (
Hyderabad Hyderabad ( ; , ) is the capital and largest city of the Indian state of Telangana and the ''de jure'' capital of Andhra Pradesh. It occupies on the Deccan Plateau along the banks of the Musi River, in the northern part of Southern India ...
), Queer Nilayam (
Hyderabad Hyderabad ( ; , ) is the capital and largest city of the Indian state of Telangana and the ''de jure'' capital of Andhra Pradesh. It occupies on the Deccan Plateau along the banks of the Musi River, in the northern part of Southern India ...
), Parichay Collective (
Bhubaneswar Bhubaneswar (; ) is the capital and largest city of the Indian state of Odisha. The region, especially the old town, was historically often depicted as ''Ekamra Kshetra'' (area (''kshetra'') adorned with mango trees (''ekamra'')). Bhubaneswar is ...
), and Sahodaran (Chennai). Groups focused on LGBT women include ASQ (Bangalore), Labia (Mumbai), Sappho for Equality (
Kolkata Kolkata (, or , ; also known as Calcutta , the official name until 2001) is the capital of the Indian state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, comme ...
), Sahayathrika (
Thrissur Thrissur (), formerly Trichur, also known by its historical name Thrissivaperur, is a city and the headquarters of the Thrissur district in Kerala, India. It is the third largest urban agglomeration in Kerala after Kochi and Kozhikode, and t ...
), Chennai Queer Cafe, among others. Trans-specific groups that are focused on support and advocacy include Sampoorna, Tweet Foundation, Telangana Hijra Trans Intersex Samiti, and many others. Recently, a queer dating platform named "Amour Queer Dating" was launched to help LGBT people find long-term partners. There have been many reports of abuse, harassment and violence over the years directed against LGBT people. In 2003, a ''hijra'' was gang-raped in
Bangalore Bangalore (), List of renamed places in India, officially Bengaluru (), is the Capital city, capital and largest city of the Indian state of Karnataka. It has a population of more than and a metropolitan area, metropolitan population of a ...
, and then gang-raped by the police. Testimonies provided to the Delhi High Court in 2007 documented how a gay man abducted by the police in
Delhi Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, primarily its western or right bank, Delhi shares borders ...
was raped by police officials for several days and forced to sign a "confession" saying "I am a gandu derogatory term, meaning one who has anal sex. In 2011, a
Haryana Haryana (; ) is an Indian state located in the northern part of the country. It was carved out of the former state of East Punjab on 1 Nov 1966 on a linguistic basis. It is ranked 21st in terms of area, with less than 1.4% () of India's land a ...
lesbian couple was murdered by their nephews for being in an "immoral" relationship. According to reports from activist group Kavi's Humsafar Trust, two-fifths of homosexuals in the country had faced blackmail after the 2013 Supreme Court ruling. Suicide attempts are common. In early 2018, a lesbian couple committed suicide and left a note reading: "We have left this world to live with each other. The world did not allow us to stay together." In February 2017, the
Ministry of Health and Family Welfare The Ministry of Health and Family Welfare is an Indian government ministry charged with health policy in India. It is also responsible for all government programs relating to family planning in India. The Minister of Health and Family Welfare ...
unveiled resource material relating to health issues to be used as a part of a nationwide adolescent peer-education plan called ''Saathiya''. Among other subjects, the material discusses homosexuality. The material states, "Yes, adolescents frequently fall in love. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner." In 2017,
Delhi Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, primarily its western or right bank, Delhi shares borders ...
held its tenth pride parade, attended by hundreds of people. Chennai has held pride parades since 2009, while
Goa Goa () is a state on the southwestern coast of India within the Konkan region, geographically separated from the Deccan highlands by the Western Ghats. It is located between the Indian states of Maharashtra to the north and Karnataka to the ...
held its first pride parade in October 2017.
Bhubaneswar Bhubaneswar (; ) is the capital and largest city of the Indian state of Odisha. The region, especially the old town, was historically often depicted as ''Ekamra Kshetra'' (area (''kshetra'') adorned with mango trees (''ekamra'')). Bhubaneswar is ...
organised its first in September 2018, and
Guwahati Guwahati (, ; formerly rendered Gauhati, ) is the biggest city of the Indian state of Assam and also the largest metropolis in northeastern India. Dispur, the capital of Assam, is in the circuit city region located within Guwahati and is the ...
held its first pride event in February 2014. The first such event in
Sikkim Sikkim (; ) is a state in Northeastern India. It borders the Tibet Autonomous Region of China in the north and northeast, Bhutan in the east, Province No. 1 of Nepal in the west and West Bengal in the south. Sikkim is also close to the Silig ...
was held in January 2019 in the city of Gangtok. On 17 May 2018, the International Day Against Homophobia, activities were held throughout the country, including in
Bhopal Bhopal (; ) is the capital city of the Indian state of Madhya Pradesh and the administrative headquarters of both Bhopal district and Bhopal division. It is known as the ''City of Lakes'' due to its various natural and artificial lakes. It i ...
, Delhi,
Mumbai Mumbai (, ; also known as Bombay — List of renamed Indian cities and states#Maharashtra, the official name until 1995) is the capital city of the Indian States and union territories of India, state of Maharashtra and the ''de facto'' fin ...
,
Kolhapur Kolhapur () is a city on the banks of the Panchganga River in the southern part of the Indian state of Maharashtra. It is the administrative headquarter of the Kolhapur district. In, around 2 C.E. Kolapur's name was 'Kuntal'. Kolhapur is ...
,
Thiruvananthapuram Thiruvananthapuram (; ), also known by its former name Trivandrum (), is the capital of the Indian state of Kerala. It is the most populous city in Kerala with a population of 957,730 as of 2011. The encompassing urban agglomeration populati ...
and
Lucknow Lucknow (, ) is the capital and the largest city of the Indian state of Uttar Pradesh and it is also the second largest urban agglomeration in Uttar Pradesh. Lucknow is the administrative headquarters of the eponymous district and division ...
. Numerous foreign embassies ( Australia,
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
,
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
,
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, Costa Rica,
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = "Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capit ...
, the
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
,
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
,
Finland Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
,
Greece Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders ...
,
Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
,
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
,
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
, Japan, Latvia, Lithuania,
Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
,
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
,
Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
,
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
,
Norway Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the ...
,
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
,
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia (Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hungar ...
,
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
,
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
, Sweden, Switzerland, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
) expressed support for LGBT rights in India, and reaffirmed their countries' commitment to promote human rights. According to a 2018 survey, a third of Indian gay men were married to women who were unaware that they are secretly gay.


Politics

The All India Hijra Kalyan Sabha fought for over a decade to get voting rights, which they finally got in 1994. In 1996, Kali stood for office in
Patna Patna ( ), historically known as Pataliputra, is the capital and largest city of the state of Bihar in India. According to the United Nations, as of 2018, Patna had a population of 2.35 million, making it the 19th largest city in India. ...
under the then Judicial Reform Party. Munni ran in the elections as well for
South Mumbai South Mumbai, colloquially SoBo from South Bombay in Anglo-Indian English, administratively the Mumbai City District, is the city centre and the southernmost precinct of Greater Bombay. It extends from Colaba to Mahim and Sion neighbour ...
that year. They both lost. After the defeat of Kali and Munni, three years later, Kamla Jaan was elected Mayor of
Katni Katni officially Murwara is a city on the banks of the Katni River Katni River is a river that flows through the Katni District in the state of Madhya Pradesh, India. Located in the northeastern part of India. The river was named after Kate ...
.
Shabnam Mausi Shabnam "Mausi" Bano (शबनम मौसी) (''"Mausi" noun. Hindi - "Aunty"'') is the first transgender Indian to be elected to public office (MLA). She was an elected member of the Madhya Pradesh State Legislative Assembly from 1998 to 20 ...
was elected to the Legislative Assembly of
Madhya Pradesh Madhya Pradesh (, ; meaning 'central province') is a state in central India. Its capital is Bhopal, and the largest city is Indore, with Jabalpur, Ujjain, Gwalior, Sagar, and Rewa being the other major cities. Madhya Pradesh is the seco ...
in 1998. Over the next few years, multiple other transgender candidates won office. These include Heera who won a seat on the City Council of
Jabalpur Jabalpur is a city situated on the banks of Narmada River in the state of Madhya Pradesh, India. According to the 2011 census, it is the third-largest urban agglomeration in Madhya Pradesh and the country's 38th-largest urban agglomeration. J ...
and Gulshan who was elected to the City Council in Bina Etawa. In December 2000, Asha Devi became the Mayor of
Gorakhpur Gorakhpur is a city in the Indian state of Uttar Pradesh, along the banks of the Rapti river in the Purvanchal region. It is situated 272 kilometers east of the state capital Lucknow. It is the administrative headquarters of Gorakhpur dis ...
, and Kallu Kinnar was elected to the City Council in
Varanasi Varanasi (; ; also Banaras or Benares (; ), and Kashi.) is a city on the Ganges river in northern India that has a central place in the traditions of pilgrimage, death, and mourning in the Hindu world. * * * * The city has a syncretic t ...
.
Shabnam Mausi Shabnam "Mausi" Bano (शबनम मौसी) (''"Mausi" noun. Hindi - "Aunty"'') is the first transgender Indian to be elected to public office (MLA). She was an elected member of the Madhya Pradesh State Legislative Assembly from 1998 to 20 ...
is the first transgender Indian to be elected to public office. She was an elected member of the Madhya Pradesh State Legislative Assembly from 1998 to 2003. In 2003, ''hijras'' in Madhya Pradesh announced the establishment of their own political party called "Jeeti Jitayi Politics" (JJP; hi, जीती जिताई पालिटिक्स), which literally means "politics that has already been won". The party also released an eight-page election manifesto which it claims outlines why it is different from mainstream political parties. In the 2011 assembly elections in Tamil Nadu, transgender activist Kalki Subramaniam unsuccessfully challenged a DMK ticket. In March 2014, Kalki announced in
Puducherry Puducherry or Pondicherry may refer to: * Puducherry (union territory), a union territory of India ** Pondicherry, capital of the union territory of Puducherry ** Puducherry district, a district of the union territory of Puducherry ** Puducherry t ...
that she would contest a seat in an election in the
Villupuram Viluppuram, Villupuram, or Vizhuppuram () is a Municipality and the administrative headquarters of Viluppuram district. Located south west of a Tiruvannamalai and north west of Cuddalore null The town serves as a major railway junction, ...
constituency in neighbouring Tamil Nadu. On 4 January 2015, independent transgender candidate Madhu Bai Kinnar was elected as the Mayor of Raigarh, Chhattisgarh. Manabi Bandopadhyay became India's first transgender college principal on 9 June 2015 when she assumed the role of principal of the Krishnagar Women's College in
Nadia district Nadia () is a district in the state of West Bengal, India. It borders Bangladesh to the east, North 24 Parganas and Hooghly districts to the south, Purba Bardhaman to the west, and Murshidabad to the north. Nadia district is highly influenti ...
,
West Bengal West Bengal (, Bengali: ''Poshchim Bongo'', , abbr. WB) is a state in the eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of . West Bengal is the fou ...
. On 5 November 2015, K. Prithika Yashini became the first out transgender police officer in the state of Tamil Nadu. At the time, the Tamil Nadu police had three transgender constables, but Yashini became the first transgender person to hold the rank of officer in the state. Transgender men are an integral part of the police force in many states of India. Many of them remain in the women police force and fear changing their legal name and gender as this could pose a risk to their employment. On 12 February 2017, two transgender people were appointed by the
Kolhapur Kolhapur () is a city on the banks of the Panchganga River in the southern part of the Indian state of Maharashtra. It is the administrative headquarter of the Kolhapur district. In, around 2 C.E. Kolapur's name was 'Kuntal'. Kolhapur is ...
District Legal Services Authority (KDLSA) as panel members for the local Lok Adalat (People's Court). 30 panels were appointed to settle general local disputes that arise within the community. Members of the KDLSA have stated this appointment was their "main achievement." In July 2017, Joyita Mondal was appointed to the Islampur
Lok Adalat Lok Adalat is a Statutory Organization under the Legal Services Authorities Act, 1987, and was created as an alternative dispute resolution mechanism used in India to resolve disputes/grievances outside courts. It is a forum where cases pending ...
, becoming
West Bengal West Bengal (, Bengali: ''Poshchim Bongo'', , abbr. WB) is a state in the eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of . West Bengal is the fou ...
's first transgender judge. In 2018, Swati Bidham Baruah became the first transgender judge in
Assam Assam (; ) is a state in northeastern India, south of the eastern Himalayas along the Brahmaputra and Barak River valleys. Assam covers an area of . The state is bordered by Bhutan and Arunachal Pradesh to the north; Nagaland and Manipur ...
. Swati, founder of the All Assam Transgender Association, was appointed to the
Guwahati Guwahati (, ; formerly rendered Gauhati, ) is the biggest city of the Indian state of Assam and also the largest metropolis in northeastern India. Dispur, the capital of Assam, is in the circuit city region located within Guwahati and is the ...
Lok Adalat Lok Adalat is a Statutory Organization under the Legal Services Authorities Act, 1987, and was created as an alternative dispute resolution mechanism used in India to resolve disputes/grievances outside courts. It is a forum where cases pending ...
. Transgender representation was particularly noticeable in the Lok Sabha elections of 2019, with many candidates running in
Andhra Pradesh Andhra Pradesh (, abbr. AP) is a state in the south-eastern coastal region of India. It is the seventh-largest state by area covering an area of and tenth-most populous state with 49,386,799 inhabitants. It is bordered by Telangana to the ...
,
Gujarat Gujarat (, ) is a state along the western coast of India. Its coastline of about is the longest in the country, most of which lies on the Kathiawar peninsula. Gujarat is the fifth-largest Indian state by area, covering some ; and the ninth ...
,
Kerala Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South ...
, Maharashtra,
Odisha Odisha (English: , ), formerly Orissa ( the official name until 2011), is an Indian state located in Eastern India. It is the 8th largest state by area, and the 11th largest by population. The state has the third largest population of ...
,
Tamil Nadu Tamil Nadu (; , TN) is a state in southern India. It is the tenth largest Indian state by area and the sixth largest by population. Its capital and largest city is Chennai. Tamil Nadu is the home of the Tamil people, whose Tamil language ...
and
Uttar Pradesh Uttar Pradesh (; , 'Northern Province') is a state in northern India. With over 200 million inhabitants, it is the most populated state in India as well as the most populous country subdivision in the world. It was established in 1950 ...
. Most major parties mentioned LGBT rights in their election manifestos. The
Bharatiya Janata Party The Bharatiya Janata Party (BJP; ; ) is a political party in India, and one of the two major Indian political parties alongside the Indian National Congress. Since 2014, it has been the ruling political party in India under Narendra Mod ...
(BJP) ran on a platform of greater rights for the transgender community, adding that it "will ensure self-employment and skill development avenues for transgender youth." The
Indian National Congress The Indian National Congress (INC), colloquially the Congress Party but often simply the Congress, is a political party in India with widespread roots. Founded in 1885, it was the first modern nationalist movement to emerge in the British E ...
' manifesto states that the party "recognises the sexual diversity among people and promises equality and equal protection of the laws to people with different sexual orientations and gender identities", specifically advocating for a transgender bill drafted in consultation with LGBT groups and gender sensitivity training in all government departments.


Intersex rights

Intersex issues in India may often be perceived as
third gender Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders. The term ''third'' is usuall ...
issues. The most well-known third gender groups in India are the '' hijras''. After interviewing and studying ''hijras'' for many years, Serena Nanda writes in her book, ''Neither Man Nor Woman: The hijras of India'', as follows: "There is a widespread belief in India that hijras are born
Third Gender Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders. The term ''third'' is usuall ...
s ntersexand are taken away by the hijra community at birth or in childhood, but I found no evidence to support this belief among the hijras I met, all of whom joined the community voluntarily, often in their teens."
Sangam literature The Sangam literature (Tamil: சங்க இலக்கியம், ''caṅka ilakkiyam'';) historically known as 'the poetry of the noble ones' (Tamil: சான்றோர் செய்யுள், ''Cāṉṟōr ceyyuḷ'') connotes ...
uses the word ''pedi'' to refer to people born intersex, but the indigenous gender minorities in India were clear about intersex people and referred to them as ''mabedi usili'' and gave a distinct identity to denote them.


Physical integrity and bodily autonomy

Intersex persons are not protected from violations to physical integrity and bodily autonomy. Cases of infanticide have been reported involving infants with obvious intersex conditions at birth, along with a failure to thrive by infants assigned female. Medical reports suggest that parents in India prefer to assign infants with intersex conditions as male, with surgical interventions taking place when parents can afford them. In a reply to a letter from an intersex rights activist
Gopi Shankar Madurai Gopi Shankar Madurai, born 13 April 1991, is an Indian equal rights and Indigenous rights activist. Shankar was one of the youngest, and the first openly intersex and genderqueer statutory authority and one of the candidates to contest in 2016 ...
, the
Ministry of Health and Family Welfare The Ministry of Health and Family Welfare is an Indian government ministry charged with health policy in India. It is also responsible for all government programs relating to family planning in India. The Minister of Health and Family Welfare ...
replied that "Any kind of invasive medical procedure including sex reassignment operations are done only after thorough assessment of the patient, obtaining justification for the procedure planned to be conducted with the help of appropriate diagnostic test and only after taking a written consent of the patient/guardian". Besides male and female,
Indian passport An Indian passport is a passport issued by the Ministry of External Affairs of the Republic of India to Indian citizens for the purpose of international travel. It enables the bearer to travel internationally and serves as proof of Indian cit ...
s are available with an "O" sex descriptor (for "Other"). On 22 April 2019, the Madras High Court issued a landmark judgment in which it upheld the marriage rights of transgender women, and directed the state of
Tamil Nadu Tamil Nadu (; , TN) is a state in southern India. It is the tenth largest Indian state by area and the sixth largest by population. Its capital and largest city is Chennai. Tamil Nadu is the home of the Tamil people, whose Tamil language ...
to ban sex-selective surgeries on intersex infants. Based on the works of intersex activist Gopi Shankar, the Court took note of the rampant practice of compulsory medical interventions performed on intersex infants and children. The court further cited examples from Hindu mythology in its ruling, namely the story of
Iravan Iravan also known as Iravat and Iravant, is a minor character from the Hindu epic Mahabharata. The son of Pandava prince Arjuna (one of the main heroes of the Mahabharata) and the Naga princess Ulupi, Iravan is the central deity of the cu ...
.


Protection from discrimination

Multiple Indian athletes have been subjected to humiliation, discrimination and loss of work and medals following sex verification. Middle-distance runner
Santhi Soundarajan Santhi Soundarajan (also spelled ''Shanthi Soundararajan'', ta, சாந்தி சௌந்திரராஜன், born 17 April 1981) is a track and field athlete from Tamil Nadu, India. She is the winner of 12 int ...
, who won the silver medal in 800 m at the
2006 Asian Games 6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second small ...
in
Doha Doha ( ar, الدوحة, ad-Dawḥa or ''ad-Dōḥa'') is the capital city and main financial hub of Qatar. Located on the Persian Gulf coast in the east of the country, north of Al Wakrah and south of Al Khor, it is home to most of the count ...
,
Qatar Qatar (, ; ar, قطر, Qaṭar ; local vernacular pronunciation: ), officially the State of Qatar,) is a country in Western Asia. It occupies the Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it ...
, was stripped of her medal, and later attempted suicide. Track athlete Pinki Pramanik was accused by a female roommate of rape and later charged, gender tested and declared male, though she and other medical experts dispute these claims. Indian athlete
Dutee Chand Dutee Chand (born 3 February 1996) is an Indian professional sprinter and current national champion in the women's 100 metres event. She is the first Indian to win a gold medal in 100m race in a global competition. She is the third Indian woman ...
won a case against the IAAF in 2015, enabling women athletes with high testosterone levels to compete as women, on the basis that there is no clear evidence of performance benefits. In 2016, some sports clinicians stated: "One of the fundamental recommendations published almost 25 years ago ... that athletes born with a
disorder of sex development Disorders of sex development (DSDs), also known as differences in sex development, diverse sex development and variations in sex characteristics (VSC), are congenital conditions affecting the reproductive system, in which development of chromos ...
and raised as females be allowed to compete as women remains appropriate".


Intersex people in Indian politics

Gopi Shankar Madurai Gopi Shankar Madurai, born 13 April 1991, is an Indian equal rights and Indigenous rights activist. Shankar was one of the youngest, and the first openly intersex and genderqueer statutory authority and one of the candidates to contest in 2016 ...
was one of the youngest, and the first openly
intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bin ...
and genderqueer, candidate to run in an Indian election, contesting a seat in the
2016 Tamil Nadu Legislative Assembly election The Fifteenth Legislative Assembly Election was held on 16 May 2016 for the 232 seats (except Thanjavur and Aravakurichi for which held on 26 October 2016) of the Legislative Assembly in the state of Tamil Nadu in India. AIADMK under J. Jayal ...
.


Public opinion

The data on public opinion on LGBT rights is limited in India. One of the recent study was conducted by the multinational research firm
Ipsos Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
between April 23 and May 7, 2021. They released a report titled "LGBT+ Pride 2021 Global Survey". Indian participants to survey were selected and polled online. Acceptance toward LGBT people is reportedly far higher in top universities, such as IIT,
IISc The Indian Institute of Science (IISc) is a public, deemed, research university for higher education and research in science, engineering, design, and management. It is located in Bengaluru, in the Indian state of Karnataka. The institute wa ...
, and
IIM The Indian Institutes of Management (IIMs) are central government-owned-public business schools for management offering undergraduate, postgraduate, doctoral and executive programmes along with some additional courses in the field of busin ...
. According to a poll conducted at
IIT Delhi The Indian Institute of Technology, Delhi is a public institute of technology located in New Delhi, India. It is one of the 23 IITs created to be Centres of Excellence for training, research and development in science, engineering and technolo ...
in 2015, 72% of respondents agreed that "being homosexual is normal as being heterosexual". Many institutes have their own LGBT clubs, namely ''Saathi'' at
IIT Bombay The Indian Institute of Technology Bombay (IIT Bombay or IITB) is a public research university and technical institute in Powai, Mumbai, Maharashtra, India. It is considered as one of the best engineering universities in India and is top rank ...
, ''Indradhanu'' at IIT Delhi, ''Ambar'' at
IIT Kharagpur Indian Institute of Technology Kharagpur (IIT Kharagpur) is a Public university, public institute of technology established by the Government of India in Kharagpur, West Bengal, India. Established in 1951, the institute is the first of the Indi ...
, ''Unmukt'' at
IIT Kanpur The Indian Institute of Technology Kanpur (IIT Kanpur) Hindi: भारतीय प्रौद्योगिकी संस्थान कानपुर) is a public institute of technology located in Kanpur, Uttar Pradesh, India. It was ...
, ''Satrangi'' at
IISER Pune Indian Institute of Science Education and Research, Pune (IISER Pune) is an autonomous public university established in 2006. It is one of the seven Indian Institutes of Science Education and Research, and was one of the first IISERs to ...
, ''Anchor'' at BITS Pilani and more. Another survey in 2019 revealed that over 69% of Indians want same-sex marriages to be legalised.


Visibility and exposure


2021

According to
Ipsos Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
' online LGBT+ Pride 2021 Global Survey, 59% of the surveyed Indians support LGBT people being open about their sexual orientation or gender identity with everyone, 39% support LGBT people displaying affection in public (e.g., kissing or holding hands), 56% support openly lesbian, gay and bisexual athletes in sports teams, 55% support more LGBT characters on TV, in films and in advertising. The same survey found that 17% of the Indians have a relative, friend or work colleague who is homosexual (Including
Gay ''Gay'' is a term that primarily refers to a homosexual person or the trait of being homosexual. The term originally meant 'carefree', 'cheerful', or 'bright and showy'. While scant usage referring to male homosexuality dates to the late 1 ...
and Lesbian), 21% have a relative, friend or work colleague who is bisexual, 10% have a relative, friend or work colleague who is
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
, 12% have a relative, friend or work colleague who is
non-binary Non-binary and genderqueer are umbrella terms for gender identities that are not solely male or femaleidentities that are outside the gender binary. Non-binary identities fall under the transgender umbrella, since non-binary people typically ...
, non-conforming or
gender-fluid Non-binary and genderqueer are umbrella terms for gender identities that are not solely male or femaleidentities that are outside the gender binary. Non-binary identities fall under the transgender umbrella, since non-binary people typically ...
.


Anti-discrimination


2017

According to a 2017 poll carried out by
ILGA Ilga or ILGA may refer to: * Ilga (river), a river in Russia, tributary of the Lena * International Lesbian, Gay, Bisexual, Trans and Intersex Association, or ILGA * Illinois General Assembly, in the United States * Ilga, a Latvian feminine given na ...
, 58% of Indians agreed that gay, lesbian and bisexual people should have the same rights as straight people, while 30% disagreed. The poll reported that 59% agreed that they should be protected from workplace discrimination. The poll reported that 39% of Indians said that people who are in same-sex relationships should be charged as criminals, while a plurality of 44% disagreed. As for transgender people, 66% agreed that they should have the same rights, 62% believed they should be protected from employment discrimination and 60% believed they should be allowed to change their legal gender.


2021

According to
Ipsos Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
LGBT+ Pride 2021 Global Survey, 53% of Indians support laws banning discrimination against LGBT people when it comes to employment, access to education, housing and social services, etc. 58% of the Indians support companies and brands actively promoting equality for LGBT people and 53% support transgender athletes competing based on the gender they identify with rather the sex they were assigned at birth.


Marriage equality

According to
Ipsos Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
LGBT+ Pride 2021 Global Survey, 44% of Indian people were in favor of legalising same-sex marriage, 14% of Indians were in support of allowing some kind of legal recognition for same-sex couples with 18% opposed and 25% chose not to give their opinion. Furthemore, the survery found that 56% of Indians' current views on same-sex marriage are different than they were five years ago. According to a 2016 poll by the
International Lesbian, Gay, Bisexual, Trans and Intersex Association The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is an organization who is committed to advancing human rights to all people, disregarding gender identity, sex characteristics and expression. ILGA participates in a ...
, 35% of Indian people were in favor of legalizing same-sex marriage, with a further 35% opposed. A survey by the Varkey Foundation conducted between September and October 2016, found that support for same-sex marriage was higher among 18-21 year olds at 53%.


Adoption rights

According to
Ipsos Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
LGBT+ Pride 2021 Global Survey, 66% of Indians believed that same-sex couples should have the same adoption rights as opposite sex couples, 21% disagreed and 13% were unsure. Similarly, 59% of Indians think that the same-sex couples are just as likely as other parents to successfully raise children, 26% disagreed, and 16% were unsure.


Public support

The supportive actions of the larger public for the LGBT rights has been documented in the recent study conducted online by the multinational research firm
Ipsos Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
between April 23 and May 7, 2021. They released report titled "LGBT+ Pride 2021 Global Survey".


Political support


2021

According to
Ipsos Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
LGBT+ Pride 2021 Global Survey, 21% of Indians have attended a public event in support of LGBT people (e.g., a
Pride march The NYC Pride March is an annual event celebrating the LGBTQ community in New York City. Among the largest Pride events in the world, the NYC Pride March attracts tens of thousands of participants and millions of sidewalk spectators each J ...
).


Social support


2021

According to
Ipsos Ipsos Group S.A. () (an acronym of ) is a multinational market research and consulting firm with headquarters in Paris, France. The company was founded in 1975 by Didier Truchot, Chairman of the company, and has been publicly traded on the P ...
LGBT+ Pride 2021 Global Survey, 18% of Indians have attended
same-sex wedding Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
, 19% visited a bar or night club that primarily caters to LGBT people, and 30% has spoken against someone who was being prejudiced against LGBT people. LGBT rights activists from India: This category is for people who have specifically been involved in activism around LGBT (Lesbian, Gay, Bisexual, Transgender) issues. It should ''not'' include LGBT people who have been prominent in ''other'' areas of activism. Notable persons like Anjali Gopalan, Shrushti Chavan, Shravani Chavan and
Celina Jaitly Celina Jaitly (born 24 November 1981) is an Indian actress who mainly appears in Bollywood films. She won the Miss India in 2001 and was the 4th runner-up at Miss Universe 2001. She made her acting debut with the 2003 thriller '' Janasheen''. ...
who are not LGBT persons but their efforts made the Indian Government to decriminalize
IPC 377 Section 377 of the British colonial penal code criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. The penal code remains in many forme ...
on 6 September 2018.


Notable people


Summary table


Notes


See also

*
Human rights in India Human rights in India is an issue complicated by the country's large size and population as well as its diverse culture, despite its status as the world's largest sovereign, secular, democratic republic. The Constitution of India provides for Fun ...
*
LGBT rights in Asia Lesbian, gay, bisexual, and transgender (LGBT) rights in Asia are limited in comparison to many other areas of the world. Same-sex sexual activity is outlawed in at least twenty Asian countries. While at least eight countries have enacted protect ...
* LGBT culture in India *
National Council for Transgender Persons The National Council for Transgender Persons (NCTP) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting transgender and intersex persons, as well as people with diver ...


References


External links

* {{Social issues in India
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
Human rights in India