Laws, Policies & Reports

INCLUSION OF TRANSGENDER/EUNUCH (THIRUNANGAI/ARAVANI) IN LIST OF MOST BACKWARD CLASSES – GOVERNMENT ORDER – INDIA

The Supreme Court of India in NALSA vs. UOI case held that transgender/third gender persons were entitled to fundamental rights under the Constitution of India. The judgement directed Centre and State Governments to recognise transgender persons as a “socially and economically backward class”. This was to who are entitled to reservations in cases of admission […]

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RIGHTS OF TRANSGENDER PERSONS BILL, 2014 – BILL – INDIA

The Rights of Transgender Persons Bill, 2014 was introduced in the Rajya Sabha as a private member Bill in 2014. The Bill’s objective is to implement a comprehensive national policy for the overall welfare and development of transgender persons. The Bill defines ‘transgender person’ broadly as a person whose sense of gender does not match […]

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TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2018 – BILL – INDIA

The Transgender Persons (Protection of Rights) Bill, 2018 was first introduced in 2016, in the lower house of Parliament (Lok Sabha). The 2018 bill was passed with amendments to the 2016 version. The Bill aims at protecting the rights of transgender persons and provides for their welfare. It defines ‘transgender persons’ as persons whose gender […]

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ALL FIVE FINGERS ARE NOT THE SAME – REPORT – SRI LANKA

This report was published by Human Rights Watch in 2016. It is based on interviews with 61 LGBTI persons in 4 cities. The report describes experiences of discrimination faced by LGBTI persons in Sri Lanka. It notes that LGBTI persons are susceptible to abuse by the state, including arbitrary detention, lack of access to healthcare, […]

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GENDER RECOGNITION – CIRCULAR BY MINISTRY OF HEALTH – SRI LANKA – 2006

The Ministry of Health in Sri Lanka issued a circular in June 2006. This circular grants transgender persons the right to legally change their gender in their birth certificates. Transgender persons can use their birth certificate to legally change their gender in other identity documents. The circular also recognises the discrimination and violence faced by transgender […]

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THE VIOLATIONS OF THE RIGHTS OF LGBTI PERSONS IN NEPAL – REPORT – NEPAL

The Global Initiative for Sexuality and Human Rights, in collaboration with the Blue Diamond Society published this report in 2013. This report identifies the ongoing human rights violations against sexual minorities in Nepal. It also assesses the Nepali government’s compliance with the International Covenant on  Civil and Political Rights (ICCPR). Furthermore, it provides recommendations to safeguard […]

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BEING LGBT IN ASIA – UNDP COUNTRY REPORT – NEPAL

The United Nations Development Programme published this report in 2014. This report was part of a larger initiative pertaining to LGBT issues in Asia. The report analyses the legal and social environment for LGBT persons in Nepal, in the context of political developments. This report was the outcome of a participatory dialogue between the Government and […]

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BRIDGES TO JUSTICE: CASE STUDY OF LGBTI RIGHTS IN NEPAL – REPORT – NEPAL

Astraea Lesbian Foundation published the ‘Bridges to Justice’ report in 2015. This report explores Nepal’s LGBTI rights movement through a study of legal cases and political developments. The report details the background of the movement, the success in achieving social progress and how it has impacted the LGBTI people in Nepal. LEGAL SUCCESS In 2004, […]

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SWEEKRUTI (A Scheme for Promotion of Transgender Equality & Justice), ODISHA – POLICY – INDIA

The Government of Odisha formulated an umbrella scheme ‘Sweekruti’ to secure the rights of transgender persons and ensure equitable justice. It recognises that transgender persons are subject to discrimination and hardships in society. The main objectives of the scheme are to create an enabling environment for transgender persons, ensure their participation and social integration, strengthen […]

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STATE POLICY FOR TRANSGENDERS IN KERALA, 2015 – POLICY – INDIA

The Government of Kerala published the State policy for transgender persons in Kerala in 2015. The policy aims to enforce the constitutional rights of transgender persons as mandated by the Supreme Court in NALSA v. Union of India. The policy recognises that transgender persons are facing injustice at several places including their own homes. It […]

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TRANSGENDER PERSONS WELFARE POLICY, 2018 – POLICY – PAKISTAN

In August 2018, the Punjab Social Protection Authority (PSPA), Pakistan published the Transgender Persons Welfare Policy. Chief Justice, Mian Saqib Nisar directed the government to draft the policy after noting the issues faced by transgender persons in Pakistan and other developing countries. This is the first policy in Pakistan which deals explicitly with transgender persons. IDENTIFICATION AND […]

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SEXUAL AND GENDER MINORITIES IN THE CONSTITUTION OF NEPAL, 2015 – NEPAL

The Constitution of Nepal was adopted in 2015 and is the first in South Asia to legally recognise sexual and gender minorities and protect the community’s fundamental rights. Further, the Constitution is one of the few that have been written in gender-neutral terms. The following articles of the Constitution pertain to gender and sexual minorities: Article 12 permits […]

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KARNATAKA STATE POLICY ON TRANSGENDERS, 2017 – POLICY – INDIA

FurtThe Government of Karnataka drafted and published a detailed Karnataka State Policy on transgender persons in 2017. The policy acknowledges the Supreme Court decision in NALSA v. Union of India, recognises the structural discrimination faced by transgender persons and non-recognition of their rights in various criminal and civil statutes. The objective of the policy is to empower […]

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BORN FREE AND EQUAL – UN REPORT – 2012

This report was published by the UN in 2012. It aims to list the legal obligations of all member states towards Lesbian, Gay, Bisexual and Transgender (LGBT) persons. The objective of the report is to not only assess the needs of the LGBT community internationally but also at a state-specific level, to ensure effective implementation. […]

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TAMIL NADU ARAVANIGAL (TRANSGENDER) WELFARE BOARD: CASE STUDY – UNDP REPORT – 2012

This case study of the Tamil Nadu Transgender Welfare Board (henceforth: “the Board”) was published by the United Nations Development Program (UNDP) in 2012. This report focuses on the formation, structure, accomplishments and challenges of the Board. Furthermore, it provides insights for developing such boards in other Indian states. FORMATION OF THE TAMIL NADU WELFARE BOARD The Government of […]

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