BACKGROUND: In the landmark case of Sunil Babu Pant vs. Nepal Government (2007), the Supreme Court of Nepal recognized the third gender and held that they have equal rights as citizens. It also recommended that sexual identity and gender orientation be added as prohibited grounds of discrimination. Sunil Babu Pant, the petitioner in the case, […]
Laws, Policies & Reports
SECTION 48, ELECTIONS ACT, 2017 – ACT – PAKISTAN
BACKGROUND: The National Identity Card (‘NIC’) is a crucial document in Pakistan. It is mandatory for, among other things: voting, banking, gas, electricity, water, SIM card and admission to colleges. Transgender persons have historically had a difficulty in obtaining the NIC under the gender they identify as. Issues also arose where transgender person did not […]
KARNATAKA CIVIL SERVICES (GENERAL RECRUITMENT) (AMENDMENT) RULES, 2021 – GOVERNMENT ORDER – INDIA – 2021
The Karnataka Civil Services (General Recruitment) (Amendment) Rules, 2021 (‘2021 Amendment’) added sub-rule (1D) to Rule 9 of the original Rules, 1977. THE AMENDMENT: The 2021 Amendment provides that transgender persons will have a reservation of 1% of vacancies from each of the categories of vacancies: General Merit, Scheduled Castes, Scheduled Tribes and in each […]
TAMIL NADU GOVERNMENT ORDER BANS SURGERIES ON INTERSEX INFANTS – 2019
Background The Health & Family Welfare Department for the State of Tamil Nadu issue a government order (GO) on 13th August, 2o19 banning sex reassignment surgeries (SRS) on intersex infants and children except on life-threatening situations. The GO came as a directive in the judgment delivered by the Madras High Court in Arunkumar & Sreeja […]
TRANSGENDER PERSONS (PROTECTION OF RIGHTS) RULES, 2020
The Ministry of Social Justice and Empowerment, on the 25th of September 2020, notified the Transgender Persons (Protection of Rights) Rules 2020 in exercise of its powers conferred under Section 22 of the Transgender Persons (Protection of Rights) Act 2019 (‘2019 Act’). The Rules have addressed the following points: Certificate of Identity: Rule 3 prescribes that […]
EXCLUSION AMPLIFIED: A REPORT ON HOW THE PANDEMIC HAS IMPACTED THE TRANS AND INTERSEX COMMUNITY IN INDIA
Trans and intersex persons are one of the most marginalised communities in India. It is no surprise then that when the lockdown to contain COVID-19 was announced on 24th March 2020 by the Prime Minister, hours before it was scheduled to begin, trans persons found themselves terribly unprepared for what was to come. After many […]
Making Rights Real – Policy Brief – India
Reservations for transgender and intersex persons in education and employment are crucial for their social and economic inclusion because only 46% of transgender persons in India are literate and 94% are either unemployed or employed in the informal sector. CLPR’s policy brief develops a comprehensive and functional strategy for the implementation of reservations for transgender […]
FROM RECOGNITION TO REALISING RIGHTS: LEGAL PROTECTION OF GENDER IDENTITY IN BANGLADESH LAW – POLICY BRIEF – BANGLADESH
This report written by Abdullah Titir and others of the Bangladesh Legal Aid and Services Trust was published in 2019. It is based on the review and analysis of existing laws, policies and Supreme Court judgments in Bangladesh and in South Asia which impact the rights and legal protection of individuals in gender and sexually […]
Rules on the Assam Policy for Transgenders
The State Government of Assam is formulating Rules to accompany the Assam Policy for Transgender. The Rules enumerate the powers and functions of the State Transgender Welfare Board and procedure regarding proof of identification. IDENTIFICATION AND REGISTRATION The Rules state that all Transgender persons are exempted from disclosures of any proof in regards to the […]
Assam Policy for Transgenders
The Government of Assam, through its Social Welfare Department, formulated a draft policy for transgenders living in the state of Assam on a rights-based framework in line with the judgment of the Hon’ble Supreme Court of India in NALSA v Union of India and Ors. It is an attempt to understand the factors responsible for […]
TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
Following the judgment in NALSA v. Union of India, which directed the Central Government and State Governments to take various steps for the welfare of the transgender community and to treat them as a third gender for the purpose of safeguarding their rights under Part III of the Constitution and other laws made by Parliament […]
DISCRIMINATION AND VIOLENCE AGAINST INDIVIDUALS BASED ON THEIR SEXUAL ORIENTATION – UN REPORT – 2015
On 1st June 2015, the UN High Commissioner for Human Rights issued a report on human rights violations against individuals based on their sexual orientation and gender identity. The report notes that LGBTI people face “continuing, pervasive, violent abuse, harassment and discrimination” across the world. KEY FINDINGS The report finds that LGBTI people are subjected […]
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 […]
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 […]
THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016 – BILL – INDIA
The Transgender Persons (Protections of Rights) Bill was introduced in the Lok Sabha in 2016. The bill seeks to protect the rights of transgender persons and provide for their welfare. The bill defines transgender persons as a person who is (a) neither wholly female nor wholly male; (b) a combination of female or male; and […]
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 […]
RAPID SITUATION ASSESSMENT OF TRANSGENDER PERSONS IN SRI LANKA – REPORT – SRI LANKA
The Institute for Participatory Interaction in Development published a report in 2016 on the status of transgender persons in Sri Lanka. It sought to examine access of transgender persons to healthcare, specifically the prevention and treatment of HIV. It detailed a study they conducted to ascertain healthcare afforded to transgender persons in Sri Lanka. The […]
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, […]
THE STATUS OF LESBIANS, BISEXUAL WOMEN AND TRANSGENDER PERSONS IN SRI LANKA – REPORT – SRI LANKA
This report was prepared by Women’s Support Group, Sri Lanka in 2011. It sought to present the status of lesbian, bisexual and transgender (LBT) persons in Sri Lanka. The report focuses on Sri Lanka’s commitments under the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). It also points to a disregard […]
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 […]
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 […]
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 […]
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, […]
DEVELOPMENT, DISCOURSE AND LAW: TRANSGENDER AND SAME-SEX SEXUALITIES IN NEPAL – REPORT – NEPAL
Institute of Development Studies published this report under the theme, ‘Sexuality, Poverty and Law’ in 2013. This report is based on research conducted in Nepal on the life experiences of LGBTI persons. It explores the legal, economic and social context of issues affecting sexual minorities. According to the report, sexual minorities in Nepal face several […]
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 […]
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 […]
KHYBER PAKHTUNKHWA HUMAN RIGHTS POLICY, 2018 – POLICY – PAKISTAN
The KP Human rights policy 2018 includes a section on existing protection on transgender persons in KP province and scope for extending the protection.
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 […]
THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2018 – PAKISTAN
The Act provides individuals the right to self declare their gender identity and enabled protection of fundamental rights guaranteed by the constitution.
KARNATAKA STATE POLICY ON TRANSGENDERS, 2017 – POLICY – INDIA
The 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 […]
LIVING FREE AND EQUAL – UN REPORT – 2016
Living free and equal published by the United Nations documented the legal measures taken in several countries to protect LGBTI persons from discrimination.
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. […]
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 […]