NALSA v. UoI: The Supreme Court on transsexuals, and the future of Koushal v. Naz

How the NALSA vs Union of India judgement affects the previous Koushal vs Naz judgement.

Indian Constitutional Law and Philosophy

Today, in NALSA v. UoIthe Supreme Court issued a landmark ruling recognising transsexuals as a third gender, and upholding their rights to equality (Article 14), non-discrimination (Article 15), expression (Article 19(1)(a) and autonomy (Article 21). The judgment involves a wide-ranging discussion of international law and domestic legislation in other countries, engages reams of evidence of actual discrimination against transsexuals in Indian society, and discusses the idea of human rights. It also, as I shall argue, entirely destroys the foundation of Koushal v. Naz, last December’s decision on LGBT rights.

In Paragraph 11 of the case, Justice Radhakrishnan defines “transgender” as an “umbrella term for persons whose gender identity, gender expression or behavior does not conform to their biological sex.” After a brief historical excursion into the history of the transgender community in India, he observes, in Paragraph 17, that S. 377 was brought in at at time…

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India to Recognize Trans* as a Third Gender Category

http://barandbench.com/content/212/transgenders-third-gender#.U0zqLtwRZg1

Acknowledging that the Constitution of India guarantees fundamental rights to its citizens and that these rights apply irrespective of gender identity, the Supreme Court of India held that Trans* individuals be recognized as a third gender in all areas where Gender identity matters.

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Why we walk the pride?

vaishallichandra

This was my first pride, if I were to discount the previous two where I participated as an observer. Sitting at the steps of Town Hall, Bangalore where the pride culminates, I was always there as an outsider, taking notes, vying for quotes from the ‘who’s who’ from with the community.

This pride was different. I actually walked the pride. And I felt part of the community. I am proud to be part of the community. I’m the A (if you really need to know) in the LGBTIQA, yes the last or latest edition to the acronym. And that A can mean different things to different people – it stands for Asexual, Ally or Advocate. And it is anyone’s guess which of the three I belong to. On Sunday, I was part of the march.

Walked along complete strangers and exchanged hellos that didn’t seem forced, chatted with them, complimented…

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Chandigarh Pride Week 2014

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The Chandigarh Pride Committee is proud to announce its second annual Pride week. Like CDI on Facebook for up-to-date info.

The details for the events are as follows – (updated on 25/02/2014 @ 4.25pm)

Note:  There’s an update to the pride event list. The healthy sex practices workshop to be held on the 1st is being held at 12pm instead of 3pm. Same location. 

Event List 1

Party poster SeminarPoster

Transgenders against IPC section 377; stage protest

Transgenders against IPC section 377; stage protest.

Demanding cancellation of IPC Section 377, members of Karnataka Sexual Minorities Forum, along with their supporters, staged a protest demonstration in Chamarajanagar, on Tuesday.

LOOK: India Gets Its First Queer Mobile App

LOOK: India Gets Its First Queer Mobile App – http://huff.to/1fempBY

One of India’s most popular lesbian, gay, bisexual and transgender (LGBT) websites and e-zines made a bold move on Friday by debuting what is reported to be the country’s first mobile app for queer Indians.

Guwahati Pride 2014 Info

Guwahati hosts first Queer Pride march in the North-East

– Reposted ‘as-is’ from Orinam.net

The recent Supreme Court verdict on Section 377 has outraged the entire country and also the international forum. Further dismissal and rejection by the SC on the plea for a review petition has accelerated this rage further more. Oppression and discrimination in India against the LGBTQ community is not new. There are innumerable everyday instances of labeling the LGBTQ community as ‘immoral’ and ‘unnatural’. The suppression, violence and terror that the community has to live with every day for not conforming to deep rooted stereotypical social norms and notions of sexuality are often ignored. The moral policing and the stigma that goes along with being labeled as immoral is a bitter truth that is hardly taken into account. Even worse is the fact that the very existence of the community itself is mostly denied.

The discourse on LGBTQ is still at its nascent stage in North East India. Although a few projects initiated under State bodies have been working with the community, these initiatives focus only on the health and safety aspect of the community. It is sad that there is hardly any organization, especially in the context of Assam that has taken up the cause of the LGBTQ from an Identity and Human Rights perspective. This could be attributed to the stigma and general lack of awareness on the issues of LGBTQ. While the issue is still invisible in the public sphere, it remains undercover in the private sphere. Manipur has a vibrant LGBTQ community although no LGBTQ pride march has been organized in the state so far. It is strange that this sad state of affairs exist despite the ancient existence of the LGBTQ community in India including Assam and other North Eastern states. The severe rejection that one experiences for identifying oneself with the LGBTQ community continues to silence a lot of people who are forced to live a dual life just to keep up with the standards of “social acceptability”. It is high time that the society come out of its comfort zones and closed mindsets of ‘unnaturalities’ and cultural norms, and start discussing the issues of the community at much serious levels. Violation of LGBTQ rights is another severe violation of Human rights and right to a life with dignity.

Taking into account the seriousness of the issue a group of concerned individuals came together to organize the FIRST QUEER PRIDE PARADE in Guwahati City and a PROTEST against Section 377 on the 9th of Feb 2013. It is for the first time that people from diverse backgrounds and irrespective of their gender and sexuality, personal and political affiliations are coming together to voice up their solidarity for the rights of LGBTQ community in the North East. The event has received strong support and solidarity from the region and across the country.

The details for the pride and the protest are:
Venue: Dighalipukhuri, Main Gate
Time: 10 am
Route for the pride: Dighalipukhuri via Panbazar -Latashil _Lamb Road-
GNB – TC school Fountain.

 

It is expected that this initiative will open up spaces for discussion, networking, conscientization and more and more visibility for the LGBTQ in the North East.

Going against the tide of history – The Hindu

Siddharth Dube writes of his experience of being gay in India, of how the country is now more accommodative of differences in sexual orientation than it was three decades ago, and why the Supreme Court judgment on Section 377 came as a major disappointment.

http://www.thehindu.com/todays-paper/tp-opinion/going-against-the-tide-of-history/article5464298.ece