A new manual charts a route for the LGBTQ community to navigate a lacking legal framework. A city expert weighs in on how sound the options really are
(Left to right) Vidhi Legal members Namrata Mukherjee, Nitika Khaitan and Nivedita Saksena. Pic/Ajay Gautam
The legal framework in India has often posed many a problem for members of the LGBTQ community. Some regulations are being changed, and certain implementations are underway. But, taking into account the slow pace of change, a new manual helps members of the queer community navigate the lacking legal regime, as it exists currently.
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The manual deals with identity documents, violence, education, health and personal finances. It is the brainchild of Vidhi Centre for Legal Policy, a Delhi-based think-tank conducting legal research assisting the government to make better laws. Namrata Mukherjee, a core member of the team explains, "Legal change will only come slowly; meanwhile, it is important to spread awareness on how queer community can access its rights, working around the law that's already in place." Pallav Patankar, former director of programmes at Mumbai's The Humsafar Trust, India's oldest LGBTQ organisation, scrutinised the 112-page manual. While he's appreciative of the initiative, he outlined certain critical insights to us which we got Vidhi Legal to respond to.
Pallav Patankar. Pic/Pradeep Dhivar
Trans women having two PAN cards - male and female - which is illegal
"This is because of the (hitherto) missing option of transgender, on the PAN card application," says Nitika Khaitan, another core member. "As of three weeks ago, that option has been introduced. Now you can reapply with the gender of your choice."
The manual seems to be critical about the concept of Aadhaar...
"Aadhaar has been at the centre of controversy mainly due to privacy concerns. Because privacy is intrinsic to this community, it's important to flag this. We are in no way influencing the debate," says Mukherjee. The manual states clearly that Aadhaar does not require people to verify their gender. "You are supposed to be able to put the gender of your choice. The implementation of this, of course, depends on the concerned on-ground officer," she adds.
Discrimination in school addresses the transgender issue and not sexuality
"There's very little by way of government policies that addresses the issue of discrimination at the school level. While UGC guidelines for trans students are there, there is no such thing with regards to sexuality," says Khaitan. The manual is addressed entirely to those above 18 years of age. "Underage boys and girls often face problems related to violence, healthcare, emotional abuse and discrimination in educational institutions. This is one area where we have not been able to find a solution," she adds.
The listed steps while procuring a voter ID are not followed by officials
Mukherjee says, "We have heard several complaints related to this. One tactic could be to take a copy of the NALSA judgment (National Legal Services Authority vs Union of India) that recognises the fundamental and civil rights of transgender persons, and present your case to the officials on ground. Another option is to approach your local MP and get him to write a letter on your behalf which you can take to the electoral photo ID centre and then mark the gender of your choice. You must also carry the gazette notification that says you've changed your name and gender. But, the success of these tactics depends entirely on the attitude of on-ground officials."
The chapter on health is from an academic perspective on health, gender dysphoria and gender affirmative therapy. What is the legal connect with India?
"There isn't a connect. There is nothing in our legal framework that regulates gender dysphoria or gender therapy. Because the queer community always encounters discrimination or harassment when they approach healthcare service providers, we have outlined general remedies that would be available to them under medical negligence laws, HIV Act; specific provisions that address discrimination that not many know of," says Khaitan.
Some suggestions in the manual seem to apply only to the digitally literate
Mukherjee says, "We are cognisant of the fact that access is determined by class. The idea of the manual is to reach grassroot LGBTQ organisations that will be able to disseminate the manual more effectively. This could be a tool that they can hopefully rely on while trying to access justice. We are also getting the manual translated into five regional languages." Add to this, the first chapter on identity documents is being recorded as a Hindi podcast. "We hope to publish it on social media, so that people can easily access it on WhatsApp etc."
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