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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Of a Selective Moving | Nirmukta

By dismissing the review petitions against the Section 377 order, the Supreme Court has shown how selective it is in enforcing the rights of minorities. Here is a well written piece on the hypocritical attitude adopted by the Apex Court.

http://nirmukta.com/2014/02/23/of-a-selective-moving/

Debunking Arguments For 377

A lot has been said regarding India’s anti-sodomy law – section 377. So, here’s a succinct piece that sums up the arguments for getting rid of the archaic law.

http://www.gaylaxymag.com/articles/personals/debunking-arguments-for-377/

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

Sangharsha 1.7

The final instalment of the first story of Sangharsha.

*        *        *
 

“Hey babe. How are you holding up?” Varun asked.

“Quite fine and all thanks to you,” Karan replied. It had been 3 months since Karan had started seeing a psychologist, a personal friend of Rahul’s.

The therapy sessions had helped Karan immensely. He was no longer afraid of the dark as long as he was with someone. Alone, he still had problems, but he was working on it. His nightmares had lessened and so had the seizures. His health improved considerably and his face showed it, becoming more vibrant. But above all, he now had a companion to share everything with.

“Ready?” Varun asked his boyfriend.

“As I can ever be,” Karan replied with conviction.

Together, hand in hand, they walked onto the road where it had all started in the shadowed corners of the night – M.G. Road.

**********

Author’s notes:
I wrote this story a long time ago. So long ago, that it feels like ages. At that point of time, my stories were more like excerpts of a larger storyline (as is evident from Sangharsha I). Over the years, my storytelling ability has evolved and, I’d say, I’ve become a better writer with experience.

This story is based on someone I interviewed for a project of mine. He was grateful enough to consent to let me write a story based on him. Of course, majority of the details are changed….but the essence of the harassment he faced because of his sexuality remains the same in this story. Even though Sangharsha has a happy ending, at the time of writing, the man on whom it is based was still living a tough life.

This story was written somewhere around 2007.

I hope you enjoyed reading the story. Sangharsha II will be out soon.

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.