04-September-2024-Editorial

GOVERNMENT’S EFFORTS FOR LGBTQIA+ INCLUSIVITY

The Department of Social Justice and Empowerment (DoSJE) has initiated a public consultation process to enhance inclusivity for the LGBTQIA+ community.

This move follows key actions by the Government of India in response to directives from the Supreme Court (SC) in 2023 to protect queer rights and clarify their entitlements.

LGBTQIA+

LGBTQIA+ stands for lesbian, gay, bisexual, transgender, queer, intersex, and asexual individuals.

The “+” includes various other identities that are still being explored and understood.

Supreme Court’s Directives on LGBTQIA+ Rights

The Supreme Court’s ruling in 2023 on same-sex marriage (Supriyo @ Supriya vs. Union) prompted the government to expand rights and entitlements for LGBTQIA+ individuals. Key directives included:

• Same-Sex Marriages: The SC declined to legalize same-sex marriages but acknowledged the need to protect the rights of LGBTQIA+ people, especially in areas of social welfare, healthcare, public services, and law enforcement.
• Government Committee Formation: The government formed a high-level committee in 2024, chaired by the Cabinet Secretary, to review discrimination against LGBTQIA+ individuals. This committee focuses on social welfare programs, healthcare access, and improving public services for the community.
• Sub-Committee for Implementation: A sub-committee under the Home Secretary was established to monitor and implement these recommendations effectively.

Interim Government Measures to Address LGBTQIA+ Rights

Several interim actions have been taken by various ministries and departments to address the rights and entitlements of LGBTQIA+ individuals.

Ration Card Inclusion

• Household Recognition: The Department of Food and Public Distribution has advised states and union territories to recognize partners in queer relationships as part of the same household for ration card purposes.
• No Discrimination Policy: Measures are in place to ensure that states/UTs do not discriminate against partners in queer relationships when issuing ration cards.

Banking Rights

• Joint Bank Accounts: The Department of Financial Services has confirmed that LGBTQIA+ individuals are permitted to open joint bank accounts.
• Nomination Rights: Individuals in queer relationships can nominate their partners to receive the balance in the account in case of the account holder’s death.

Healthcare Initiatives

• Prohibition of Conversion Therapy: The Ministry of Health and Family Welfare has prohibited conversion therapy and launched awareness campaigns on LGBTQIA+ health.
• Access to Medical Care: The ministry has ensured the availability of sex reassignment surgeries and revised medical curricula to include queer-specific health concerns.
• Healthcare Accessibility: The Directorate General of Health Services has directed state health departments to reduce discrimination and ensure accessible healthcare for LGBTQIA+ individuals.
• Intersex Guidelines: Guidelines have been issued for medical interventions in infants/children with intersex conditions to ensure their well-being.
• Mental Health: The Ministry is developing specific guidelines to address mental health and well-being within the LGBTQIA+ community.

Prison Visitation and Law Enforcement

• Prison Rights: The Ministry of Home Affairs issued advisories to states/UTs on granting prison visitation rights for LGBTQIA+ individuals.
• Safety from Violence: The Ministry has also issued guidelines to protect LGBTQIA+ individuals from harassment, violence, or coercion by law enforcement or others.

Broader Government Initiatives for LGBTQIA+ Community

In addition to these interim measures, the government has undertaken several initiatives to support the LGBTQIA+ community.

National Portal for Transgender Persons

• This portal allows transgender individuals to apply for identity certificates and access various benefits and entitlements.

Garima Greh

• A shelter home scheme that provides housing and support services to transgender individuals in need.

Transgender Persons (Protection of Rights) Rules, 2020

• This framework ensures the protection of transgender individuals’ rights and outlines their entitlements in areas like education, employment, and healthcare.

SMILE Scheme

• The “Support for Marginalised Individuals for Livelihood and Enterprise” (SMILE) scheme is aimed at providing livelihood support and entrepreneurship opportunities for the transgender community.

National Council for Transgender Persons

• This council acts as a platform for policy formulation and implementation to address the needs and concerns of the transgender community.

Swachh Bharat Mission (Urban)

• Under this mission, guidelines have been introduced to build dedicated toilets for transgender persons, promoting their dignity and access to sanitation.

Ayushman Bharat TG Plus Card

• A health initiative that links the SMILE scheme with the Ayushman Bharat healthcare program, providing transgender individuals access to over 50 free medical services.

Conclusion

The Indian government’s response to the Supreme Court’s directives has led to significant improvements in the recognition and protection of LGBTQIA+ rights. Various initiatives in healthcare, banking, social welfare, and public services have been rolled out to ensure that members of the LGBTQIA+ community face less discrimination and enjoy equal access to entitlements. However, there is still much to be done to ensure full inclusivity and equity for this diverse and vibrant community.