The operational part of the judgement:
(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
Praja Rajakiya Vedike
& Karnataka HIV Sonkithare Sanghatane
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.
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
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.) ~
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
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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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.