Indian government aim to tackle anti-LGBTQ+ discrimination
September 20, 2024India’s LGBTQ+ community has long faced deep-rooted discrimination and societal repression, often living in the shadows of a nation that failed to acknowledge them. However, recent years have seen significant changes across the country.
Gradually, the community is achieving victories on various fronts, with the most notable in 2018 when India’s Supreme Court decriminalised homosexuality by striking down Section 377. This historic decision not only overturned a colonial-era law but also sparked hope for a more inclusive India where love is no longer criminalised.
According to ‘Washington Blade’, on September 1, India’s Ministry of Social Justice and Empowerment took a significant step by soliciting feedback from stakeholders and the public to develop more inclusive LGBTQ+ policies. This initiative follows the Supreme Court’s landmark directive in October 2023 in the case of Supriya v. Union of India, urging the government to protect LGBTQ+ rights.
Since then, the government has introduced several initiatives aimed at ensuring an equitable future for the community, making sure their voices are heard and their rights protected.
Image Credit: Canva
In response to the Supreme Court’s order, the Indian government established a high-level committee led by the Cabinet secretary to define the rights and entitlements of the LGBTQ+ community. Announced by the Ministry of Social Justice and Empowerment, this marks a vital step toward ensuring formal protection and legal recognition within India’s changing social framework.
In April, a committee was formed including officials from the Home Affairs, Women and Child Development, and Health and Family Welfare Ministries, with the secretary serving as the convening member. By May, the committee addressed key issues facing the LGBTQ+ community.
They discussed important matters like issuing ration cards, enabling LGBTQ+ individuals to open joint bank accounts with their partners, and preventing harassment based on gender identity or sexual orientation.
Ration cards in India are crucial, providing subsidised food grains to eligible households through the Public Distribution System under the National Food Security Act. They are vital for many, ensuring affordable food security for millions nationwide.
In July, The Washington Blade reported that the Home Ministry sent a memo to state and territorial officials, including prison administrators, acknowledging the discrimination and violence faced by queer individuals due to their sexual orientation and gender identity. The memo urged officials to ensure equal rights for queer inmates, prevent discrimination, and uphold visitation rights.
The Department of Food and Public Distribution has advised state and territorial governments to recognise partners in queer relationships as members of the same household for ration card purposes, promoting equal access to subsidised food and benefits under the Public Distribution System.
The Health and Family Welfare Ministry has implemented significant measures to prevent discrimination in healthcare. They have issued guidelines prohibiting “conversion therapy” and other harmful practices, and ensuring access to gender-affirming surgery. These actions aim to create a safer, more inclusive healthcare environment for LGBTQ+ individuals, affirming their right to respectful and appropriate medical care.
The Indian government is also developing additional guidelines to support the mental health and well-being of the LGBTQ+ community, including medical protocols for intersex children that provide compassionate, informed healthcare interventions.
The government has invited public input on further measures to support the LGBTQ+ community.
Rani Patel, president and founder of Aarohan, expressed frustration with the government’s slow progress in implementing LGBTQ+ initiatives during an interview with the Washington Blade. She highlighted ongoing challenges faced by trans individuals, noting skepticism and doubt they encounter when identifying as trans.
Patel emphasised the necessity for swifter, more effective action to change societal perceptions and protect the dignity of trans people in India.
“They should have a choice to reveal their identity as transgender individuals,” she said. “At a maximum, transgender people are now getting married because they do not trust the government or its initiatives. They are not finding protection, security, or benefits.”
“We work with many transgender individuals, and we know these issues mean no government schemes are benefiting the transgender community,” added Patel.
She estimated that only 1% of India’s trans or LGBTQ+ community would likely benefit from these efforts, advocating for more extensive measures to ensure these policies uplift the broader community, rather than just a small fraction.
Harish Iyer, a plaintiff in the Supreme Court’s marriage equality case and head of diversity, equity, and inclusion at Axis Bank, spoke to the Blade after government officials announced plans to seek public input on LGBTQ+ issues.
He described how attentively they listened to the community’s needs, taking detailed notes as he passionately spoke. Iyer said the meeting was a promising indication of genuine engagement and commitment to addressing their concerns.
“I am pleasantly surprised to see a list of directives issued,” said Iyer. “I had suggested a directive so all banks could open their doors to LGBTQIA+ people without bias. I know nothing restricts any two people from opening a joint account, as I implemented this in Axis Bank in 2021 and ensured compliance with all policies then. What was a reality at Axis Bank has now been reiterated through a directive. Now any two people can avail themselves of this service in any bank.”
When asked about his colleagues’ reactions to the new directive, Iyer smiled and said they are “delighted.”
“I’d rather compete with peers on providing better service for the community,” he said. “Ultimately, it’s the community that should reap the long-term benefits.”
Read related myGwork articles here:
India’s blood donor rules challenged by gay man
Indian Home Ministry instructs prisons to protect trans inmates
Kerala, India sets new standard with gender-neutral education for pupils
India Willoughby makes history as first trans patron of professional sports club
Keep up to date with the latest myGnews