Laws, Policies & Reports

THE CONSTITUTION OF NEPAL, 2015 – CONSTITUTION – NEPAL

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, […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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, […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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, […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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. […]

Read more

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 […]

Read more