Supreme Court of India’s Judgement (full) on transgenders

The operational part of the judgement:

We, therefore, declare:
(1) Hijras, Eunuchs, apart from binary gender, be treated as “third gender” for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature.(2) Transgender persons’ right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender.

(3) We direct the Centre and the State Governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

(4) Centre and State Governments are directed to operate separate HIV Sero-survellance Centres since Hijras/ Transgenders face several sexual health issues.

(5) Centre and State Governments should seriously address the problems being faced by Hijras/Transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one’s gender is immoral and illegal.

(6) Centre and State Governments should take proper measures to provide medical care to TGs in the hospitals and also provide them separate public toilets and other facilities.

(7) Centre and State Governments should also take steps for framing various social welfare schemes for their betterment.

(8) Centre and State Governments should take steps to create public awareness so that TGs will feel that they are also part and parcel of the social life and be not treated as untouchables.

(9) Centre and the State Governments should also take measures to regain their respect and place in the society which once they enjoyed in our cultural and social life.

We are informed an Expert Committee has already been constituted to make an in-depth study of the problems faced by the Transgender community and suggest measures that can be taken by the Government to ameliorate their problems and to submit its report with recommendations within three months of its constitution. Let the recommendations be examined based on the legal declaration made in this Judgment and implemented within six months.

 

Here is the link to download the full judgemnet: Transgender judgment

Press release: HIV positive people support agitating workers of Karnataka Stake AIDS Prevention Society Contractual Employees Association

Praja Rajakiya Vedike

& Karnataka HIV Sonkithare Sanghatane

Press Release

Bangalore, 5 Feb 2014:Praja Rajakiya Vedike (PRV) in association with Karnataka HIV Sonkithara Sanghatane along with Karnataka Sex Workers Union (KSWU) and Karnataka Sexual Minorities Forum (KSMF) took out a Rally from Anandrao Circle (near VRL) to Freedom Park, in support of the agitating workers of Karnataka Stake AIDS Prevention Society (KSAPS) Contractual Employees Association.

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Their main demands include Regularisation of all contractual employees who are working in the AIDS control programmes into the Government setup and to apply sixth pay commission salary scale to all KSAPS contractual employees on par with Karnataka State Government employees.

For the last several years, doctors, the counsellors, lab technicians, and other para medical staff and nurses have been supporting and helping many of our members including people living with HIV, sex workers and sexual minorities but the Government instead of meeting the just demands of the workers is trying to divide and rule saying that ART (medicine for HIV positive people) services are being affected. “It is true that the services are temporarily affected but it is the duty of the government to see that people living with HIV are supplied with stocks which are given for one month in advance,” said Parveen of Karnataka HIV Sonkithara Sanghatane. “Instead of solving the problem, the government is trying to divide community from the counsellors who have been supporting us all along,” she added.

HIV positive leaders from Karnataka HIV Sonkithare Sanghatane from many districts, have arrived in Bangalore, to support the striking Contractual employees of Karnataka State AIDS Prevention Society. For the last seven days, as part of a national-level agitation, about 2200 workers of HIV prevention programmes in the State, have gathered a Freedom park to demand regularisation of all contractual employees.

Bharathi, HIV+ and General Secretary of the Karnataka Sex Workers Union said, workers should be united. Governments are also violating labour rights in the HIV prevention programs where they employ sex workers, sexual minorities, drug users and migrants. By terming them as volunteers/ peer educators they are violating minimum wages act, contract labour act etc. She called for all these workers and KSAPS contract workers to join hands to support rights of both these sections.

Manohar Elavarthi, Jont Secretary of Praja Rajakiya Vedike said that the governments are systematically denying labour rights by making large sections them as contract workers. Like KSAPS contract workers, ASHAs, Anganwadi workers, contract municipal workers (paurakamikas) and many others are denied their rights in this process. He said that all workers from organised, unorganised and informal sectors should come together to defend the rights of all workers and to eliminate contract labour system and for the proper implementation of labour laws.

For details call Manohar at 96322 23460 or Parveen at 98809 52676

Janata Dal (Secular) pledges support to Sexual Minorities Movement for equal rights

Please find below  a Press Release and the copy of the letter written by Mr Deve Gowda to PM assuring the party’s support to Sexual Minorities Movement for equal rights and justice.
A photo of the press conference is also attached.

Bangalore, 27th December 2013

Welcoming Janatadal (Secular)’s stand on IPC 377:

Praja Rajakiya Vedike welcomes the stand of Janatadal (Secular) in welcoming the review petition filed by the central government challenging the recent Supreme Court of India’s judgement on Section 377 of the IPC. The letter written by former Prime Minister of India and national president of Janatadal (Secular) said that this step of central government of India protects the fundamental rights accorded by our constitution.

The letter also said “Janata Dal (Secular) has been supporting the sexual minorities’ movement for equal rights and justice for a decade. We will continue to support the struggles for human rights.

The laws of the land should reflect constitutional morality and  guarantee fundamental rights to all citizens irrespective of them being a minority or majority. Constitutional guarantees can’t be denied to a section of population just because they are a ‘minuscule minority’. As a secular party we believe that laws should reflect the constitutional ideals and not the narrow-minded views of any section of public based on religion, culture, tradition etc.

If there is a discussion on IPC 377 in parliament, we will extend our support to repeal this outdated and draconian provision, brought to India more than 150 years ago by the colonial British rulers.

Appeal to Bharatiya Janata Party to consider their stand:

We appeal to BJP to reconsider its stand and to extend support to sexual minorities with regard to IPC 377. The main opposition party at the centre should support the fundamental rights guaranteed by the Constitution of India by reversing its stand on IPC 377.

Amend IPC 377 in Karnataka:

We appeal to all political parties in Karnataka to amend Section 377 of the IPC by excluding consensual sex between adults from the IPC 377. This is an opportunity for the political parties to show that Karnataka is in the forefront of defending sexual minority human rights in India.

Repeal Karnataka Police Act Section 36A:

We appeal to all political parties in Karnataka to repeal Section 36A of Karnataka Police Act, a draconian provision that gives enormous power to police to regulate transgenders.

Withdraw fabricated cases against sexual minorities in Hassan:

We deamnd the Government of Karnataka to withdraw the fabricated cases filed against 14 sexual minority persons in Karnataka.

Appeal to sexual minorities to participate actively in Electoral Politics:

We appeal to sexual minorities to join various political parties and participate actively in the electoral politics. Political participation and political power is central to human rights of any community. As of now there are almost no sexual minorities (who are open about their sexual preference/ gender identity) in the mainstream political parties. This needs to change.

For more information contact: 96322 23460/ 94839 50202

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PRV press conference

Press Release – Candle light vigil against child sexual abuse on Christmas day

Press Release
 
Candle light vigil against child sexual abuse on Christmas day
 
 
25th December, 2013
Bangalore
 
Today more than 80 people representing different people’s / women’s movements participated in the candle light vigil from 6PM to 7:30PM at The Town Hall, Bangalore. People listened to the reading of the Letter of a child yearning for justice in English and in Kananda.
 
The gathering was addressed by Suja Jones, Kalpana (from Vimochana), Evangeline Anderson (from Praja Rajakiya Vedike), Ranjani (from AIPWA) and many others. Suja Jones spoke about the trauma she has to go through because of the Pascal Mazurier (accused of child sexual abuse) and his mother appearing at her door-step today morning; with active support of the police.
 
Please find the following:
- Letter of a child yearning for justice (English and Kananda)
- This Christmas Morning (by Suja Jones)
- Photos of the event
In Solidarity
Manohar Elavarthi
Ph: 96322 23460

I am a child

yearning for Justice

I thank you for taking this time to listen to my voice, and to hear my deep cry.

I stand as the voice of all those children who have faced sexual abuse in their lives

I speak for the children whose lives are marred because of violence against our bodies; our spirit

My future stands blurred because the memory of violence follows like a shadow over my head.

I am the child who faced violence at the hands of one, who I trusted and loved,

Who stood before me as a strong ground, and as one on whom I very much depended on to teach what is right and wrong,

I could not cry out against him as he was my own father, one whom others also loved…

 

I did not know how to differentiate between what is acceptable and what cannot be pardoned.

The pain of the abuse that I experienced repeatedly in secret came to the fore one fine day

When my plea “please don’t hurt me there” was once again drowned in the loudness of my own cry…

I could bear it no longer and wondered if I would survive to share this horror story

 

Of a scarred body and spirit – only three and a half years old – to which you could add a decade to every year!

Listen friends; I speak to each one of you who stand here today: the choice that YOU have 

To either address my pain and divide it … or multiply it by your stunning silence, passivity, and ignorance

 Do you know there are thousands like me who want their beloved society to understand…

 

That the scales of justice would work better, if only it would listen to the truth of our experience? 

If I have gathered courage to speak today against all forms of violence against children, especially sexual abuse

It is because I believe that human beings can change for the better and realize their utter common oneness.

If Christmas day is celebrated as the day when Jesus the Christ child was born into this world to bring peace

We, as children, need your help, partnership and support to usher in new ways of building a Just Community.

 – Letter of a Child yearning for Justice

  •  Written with the support of a large network of People’s / Women’s Movements including Vimochana, Praja Rajakiya Vedike (PRV), All India Progressive Women’s Association (AIPWA), Aneka, Bangalore Birth Network, FeministsIndia, Jana Vikasa, Jeeva, Karnataka Sex Workers Union (KSWU), Karnataka Sexual Minorities Forum (KSMF), Samara, Secularism Is A Women’s Issue – international network, Siloam Girls Boarding Home, South Asia Citizens Web, Swaraj Network, Student Christian Movement of India (SCMI), UTC Women’s Studies Department, Women’s Initiative for Citizenship and Universal Rights and many others

ನಾನೊಂದು ಮಗು

ನ್ಯಾಯಕ್ಕಾಗಿ ಹಂಬಲಿಸುತ್ತಿರುವೆ

ನನ್ನ ವ್ಯಾಕುಲ ಹಾಗೂ ದು:ಖವನ್ನು ಮತ್ತು ನನ್ನ ಆಪ್ತ ದನಿಯನ್ನು ಆಲಿಸಲು ನೀವು ಸಮಯ ಮಾಡಿಕೊಂಡಿರಿ, ನಾನು ಋಣಿ

ತಮ್ಮ ಜೀವನದಲ್ಲಿ ಲೈಂಗಿಕ ದೌರ್ಜನ್ಯ ಅನುಭವಿಸಿದ ಆ ಎಲ್ಲಾ ಮಕ್ಕಳ ಧ್ವನಿಯಾಗಿ ನಾನಿರುವೆ

ನಮ್ಮ ದೇಹಗಳ ಮೇಲೆ ನಡೆದ ಹಿಂಸಾಚಾರಕ್ಕೆ ಬಲಿಯಾದ ಎಲ್ಲಾ ಮಕ್ಕಳ ಪರವಾಗಿ ನಾನು ಮಾತನಾಡುವೆ

ಹಿಂಸಾಚಾರದ ಕಾರ್ಮೋಡ ನನ್ನ ತಲೆಯ ಮೇಲೆ ಕವಿದಿರುವಾಗ ನನ್ನ ಭವಿಷ್ಯ ಮಸುಕಾಗಿದೆ

 

ನಾನು ನಂಬಿದವರಿಂದ, ಪ್ರೀತಿಸಿದವರಿಂದ ಹಿಂಸಾಚಾರಕ್ಕೆ ಬಲಿಯಾದ ಮಗು ನಾನು

ಅವರು ನನ್ನ ಮುಂದೆ ಗಟ್ಟಿಯಾಗಿ ನಿಂತಿದ್ದರು; ನಾನು ಅವರನ್ನು ಬಲವಾಗಿ ಅವಲಂಬಿಸಿದ್ದೆ

ಆತ ನನ್ನ ತಂದೆ, ಆತನನ್ನು ಇತರರೂ ಪ್ರೀತಿಸುತ್ತಿದ್ದರು, ಆದರೆ ಆತನ ವಿರುದ್ಧವೇ ನಾನು ಕೂಗಬೇಕಿತ್ತು…..

ಯಾವುದನ್ನು ಒಪ್ಪಬೇಕು ಯಾವುದನ್ನು ಕ್ಷಮಿಸಲಾಗದು ಎಂಬುದರ ನಡುವೆ ವ್ಯತ್ಯಾಸ ನನಗೆ ತಿಳಿದಿರಲಿಲ್ಲ

 

ನಾನು ನಿರಂತರವಾಗಿ ರಹಸ್ಯವಾಗಿ ಅನುಭವಿಸಿದ ಹಿಂಸೆಯ ಯಾತನೆ ನಾನು ಒಂದು ದಿನ ಹೊರಹಾಕಲೇಬೇಕಾಯಿತು

ನನ್ನನ್ನು ಹಿಂಸಿಸಬೇಡ’ ಎಂಬ ನನ್ನ ಆರ್ತ ಕೂಗು ನನ್ನದೇ ಗಟ್ಟಿ ದನಿಯ ಅಳುವಿನಲ್ಲಿ ಕರಗಿ ಹೋಯಿತು

ಆ ಹಿಂಸೆಯನ್ನು ಸಹಿಸುವುದು ನನ್ನಿಂದ ಸಾಧ್ಯವಾಗಲೇ ಇಲ್ಲ; ಆ ಭಯಾನಕ ಹಿಂಸೆಯ ಕತೆಯನ್ನು ಹೇಳಿ ಬದುಕಬಹುದೆ?

ನಾನೊಂದು ಮೂರೂವರೆ ವರ್ಷದ ಮಗು; ದೇಹ ಸುಟ್ಟಿತ್ತು; ಚೈತನ್ಯ ಉಡುಗಿತ್ತು.

 

ಸ್ನೇಹಿತರೆ ಕೇಳಿ; ಇಂದು ಇಲ್ಲಿ ನಿಂತಿರುವ ನಿಮ್ಮಲ್ಲಿ ಪ್ರತಿಯೊಬ್ಬರೊಂದಿಗೂ ನಾನು ಮಾತನಾಡಬಯಸಿರುವೆ

ನೀವು ನನ್ನ ನೋವನ್ನು ಕೇಳಿಸಿಕೊಂಡು ಅದನ್ನು ಕಡಿಮೆ ಮಾಡಿ….. ಅಥವಾ ನಿಮ್ಮ ಗಾಢ ಮೌನದಿಂದ, ನಿಷ್ಕ್ರಿಯತೆಯಿಂದ ಮತ್ತು ಅಜ್ಞಾನದಿಂದ ಅದನ್ನು ಹೆಚ್ಚಿಸಿ

ಈ ಸಮಾಜ ಅರ್ಥ ಮಾಡಿಕೊಳ್ಳಬೇಕಾದ ನನ್ನಂಥ ಸಾವಿರಾರು ಜನ ಇದ್ದೇವೆ

ನ್ಯಾಯದ ತಕ್ಕಡಿ ಸರಿಯಾದ ತೀರ್ಪು ನೀಡಬೇಕು; ಅನುಭವದ ಸತ್ಯವನ್ನು ಅದು ಕೇಳಿಸಿಕೊಳ್ಳಬೇಕು

 

ಮಕ್ಕಳ ಮೇಲಿನ ಎಲ್ಲಾ ರೀತಿಯ ಹಿಂಸೆಗಳ -ವಿಶೇಷವಾಗಿ ಲೈಂಗಿಕ ದೌರ್ಜನ್ಯಗಳ- ವಿರುದ್ಧ ಇಂದು ನಾನು ಮಾತನಾಡುತ್ತಿದ್ದರೆ

ಮನುಷ್ಯರು ಬದಲಾಗಬಲ್ಲರು; ತಮ್ಮಂತೆಯೇ ಇರುವ ಇನ್ನೊಂದು ಜೀವಿಯ ದು:ಖವನ್ನು ಅರಿಯಬಲ್ಲರು’ ಎಂಬ ಭರವಸೆ ಇರುವುದರಿಂದ ಮಾತ್ರ

ಈ ಲೋಕಕ್ಕೆ ಶಾಂತಿಯನ್ನು ತರಲು ಯೇಸು ಈ ಭೂಮಿಗೆ ಬಂದ ಎಂಬ ಕಾರಣಕ್ಕೆ ಕ್ರಿಸ್‍ಮಸ್ ಹಬ್ಬ ಆಚರಿಸುತ್ತಿರುವಾಗ

ನಾವು, ಎಲ್ಲಾ ಮಕ್ಕಳು, ನಿಮ್ಮ ನೆರವನ್ನು, ಪಾಲುದಾರಿಕೆಯನ್ನು ಮತ್ತು ಬೆಂಬಲವನ್ನು ಬೇಡುತ್ತಿದ್ದೇವೆ

ನ್ಯಾಯ ಇರುವ ಸಮುದಾಯಗಳನ್ನು ನಿರ್ಮಿಸುವುದಕ್ಕಾಗಿ

 – ನ್ಯಾಯಕ್ಕಾಗಿ ಹಂಬಲಿಸುತ್ತಿರುವ ಮಗುವಿನ ಒಂದು ಪತ್ರ

This Christmas morning…

This morning, for about 30 minutes, Pascal Mazurier and his mother, Jackie Maille were at the gate of my apartment complex. They were accompanied by the Yelahanka police (about 5-6 police in uniform) who spoke to me, trying to convince me to ‘show my children to them’ while my neighbours’ children kept asking me, “Aunty, what happened?” I had to remind the police repeatedly that Pascal Mazurier was accused of rape. Then the police inspector of the Yelahanka police station called me. He kept saying that they were making a ‘request’ on ‘humanitarian grounds’ because it was a ‘festival’. I told him that what he considered a simple ‘request’ was a nightmare for me on Christmas morning and that it was certainly a favour that he was doing for Mr. Mazurier.

My questions:

  1. Did the police even stop to consider what it would mean for the mother of a daughter who has been raped to see the perpetrator at her door step?

  2. Did the police not think even for a second that they were assisting an accused child rapist to meet the victim? Why are police indulging in illegal action?

  3. Was it the duty of the police to accompany an accused of child rape to assist him in seeing the victim and her mother (a witness)?

  4. Now that the police brought him to my apartment complex and he was comfortably seated at the security office with the security guards, how will they make sure that he does not return and attack my children or me?

  5. What is more important on this festive day, Christmas? That an accused child rapist be assisted to meet the victim or that the little child be protected from further trauma by meeting the perpetrator and she be allowed to celebrate Christmas with peace and joy?

  6. Is the role of the police to cause havoc in the lives of my children?

  7. Are my children and me safe anymore?

- Suja Jones

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JTSA extends support to the LGBT community, calls for committed judicial activism: JTSA

prajarajakiya:

JTSA (Jamia Teachers’ Solidarity Association) extends support to the LGBT community, calls for committed judicial activism

~Linked to this passing the buck approach is that the judgement fails to recognize that minorities, sexual or otherwise, require dignified protection by law. This aspect is the most disturbing and damaging one as it questions the very fundamental, human right of small groups of people to exist and live with dignity in society.

Committed to speak and act for the protection of human and civil rights, JTSA registers a strong note of dissent on this anti-people – anti-minority – judgement. It stands in solidarity with the LGBT community and extends full support to the campaign for the right to sexual choice, justice, honour and freedom.

(Jamia Teachers’ Solidarity Association consists of Manisha Sethi, Ahmed Sohaib, Nabanipa Bhattacharjee, Adil Mehdi, Sanghamitra Misra, Tanweer Fazal, Ambarein Alqadr, Ghazi Shahnawaz, Manoj Jena and others.) ~

Originally posted on Kafila:

Guest Post by JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

On 11 December, 2013 a two judge bench of the Supreme Court of India (SC) ruled that section 377 of the Indian Penal Code (IPC), which considers homosexuality a criminal offence, does not ‘suffer from the vice of unconstitutionality’ and hence, legally valid.  By this highly regrettable ruling the apex court astounded and disappointed not only the LGBT community but the wider public at large.

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As a religious minority, I empathize with sexual minorities: M Reyaz

prajarajakiya:

As a religious minority, I empathize with sexual minorities: M Reyaz

Originally posted on Kafila:

This is a guest post by M. REYAZ

The Apex Court judgment of December 11, putting aside the Delhi High Court order on decriminalisation of homosexuality, pertaining to Section 377 of the IPC has clearly divided into two ‘queer’ camps, where on one side besides LGBTS are those liberals extending their support to the LGBT cause, and on the other side, there are religious leaders and groups, who otherwise would not even see eye to eye with each other (what is ‘queer’ about this second camp is not so much its sexual orientation, as the strangeness of its banding together against queer people despite their antagonism toward each other).

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Sharanya Matthu Sruthi Love Story – Jeeva Video Pathrike 1

Jeeva Video Magazine 1 “Sruthi-Saranya Love Story” is a true story about two young lesbian women from Kerala falling in love and fighting for their love against all odds. The film explores how these women met, the reaction of their families when they found out and the support sought by them to live their lives as they wished. The film particularly focuses on the legal impediments faced by lesbian couples, the denial of right of a woman to choose her partner, lack of availability of space to express one’s gender and sexual identity and the patriarchal control over women’s sexuality.