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
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
Praja Rajakiya Vedike
Death beckons, a day after the Sexual Minority Pride Rally
Condoling the death of Vamshi Raju, a transgender person
Bangalore, 25 Nov 2013: It’s just a day after the Pride Rally. The sexual minority community from far and near danced with gay abandon and shouted slogans in their attractive attires even as sparkling rainbow colours set the mood for members of sexual minorities to come out of the closet and indulge in a public show of affection and togetherness on Sunday to create awareness among the public and especially families of lesbians, gays, bisexuals and transgenders.
But all is not well and the community is still not accepted by even the families who have a member who has a different sexual orientation/gender identity than the one normally accepted. The lesbian, gay, bisexual and transgender members undergo regular violence at the hands of their own families, neighbours and many other sections of the society, not to talk about the police atrocities.
“Vamshi Raju, a 21-yar-old Engineering student and a transgender from Yeshwantpur, who danced openly on Sunday at the Pride Rally was captured by TV Cameras and the family could not miss these visuals in the evening news. Sunday night there was a big fight as he returned home from the rally. Unable to bear the denial from his own family, a depressed Vamshi committed suicide,” said Manohar Elavarthi, a human rights activist and joint secretary of Praja Rajakiya Vedike (PRV).
“It is not the first time. Even last week he faced severe physical violence by his father at his home and had to seek shelter in a transgender friend’s house at about 11 pm,” added Manohar. “He was going through a lot of family harassment for more than a year. His family was harassing him so that he won’t interact with sexual minority community members. They have even stopped him from going to his college for 2 months last year,” he revealed.
Acceptance at homes, not just from the public, is a big challenge for members of the sexual minorities who come out into the open with their sexual and gender preferences. Praja Rajakiya Vedike demands the police to investigate and file an FIR immediately. Though he was a pant-shirt Kothi, Vamshi was open about his identity and used to dress in a saari on occasions. A lot of members from these communities face tough mental health issues that needs to be addressed by NGOs and the government agencies to assure them that they too have equal rights as all citizens of India.
Many human rights organisations, Community Based Organisations, NGOs working for the rights of Sexual Minorities have condemned the harassment meted out to the Vamshi and conveyed their deep condolences at the death of another member of the community.
For details call Manohar at 963222 3460 or 94839 50202