IN October last year, the Supreme Court shocked the groups fighting for the rights of alternative sexualities in the country when a five-judge bench, headed by Chief Justice D.Y. Chandrachud, unanimously held that the LGBTQIA+ people were not entitled to be legally wedded under the Constitution. The activists did not find comfort in the fact that a five-judge bench delivered four separate judgements on the issue since a thread of unanimity ran through all of them despite the differences.
The LGBTQIA+ community had pinned its hopes on the Supreme Court after it won a long-drawn legal battle to decriminalise consensual non-binary sex, which had faced stiff resistance in the government and lower courts. The community feels that a right to civil union would have given it access to civil rights that are denied to them by default.
Two years after the court read down Section 377 of the Indian Penal Code, which stands replaced now, in September 2018, a report Queering the Law: Making Indian Laws LGBTQIA+ Inclusive commented on the difficulties that the community continued to face in accessing the rights given to them by the court. In its introduction to the chapter on identification documents, the report states, “Identity documents are essential for accessing an array of rights and benefits. But updating them can be very difficult, particularly for transgender persons. Procedures for doing so are complicated, and officials in the process may often discriminate against queer persons.”
For example, basic documents like the Aadhaar card, the PAN card and the passport require applicants to choose from either male, female or transgender. There is no place for other genders—there are 72 of them. Considering the fact that each of these government documents is processed by a separate department, the cost of amendments in terms of procedures, time and energy will be huge. And, this is just one of the several chapters in the manual.
Bu hikaye Outlook dergisinin June 12, 2024 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Giriş Yap
Bu hikaye Outlook dergisinin June 12, 2024 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Giriş Yap
Lost In The Rat Race
The NEET exam is mired in multiple controversies. Will this medical entrance exam fiasco discourage future aspirants?
The Rise Of 'Ravan'
Chandrashekhar Azad ‘Ravan’, ‘The son of Saharanpur’, is raring to bring a new brand of Dalit-Bahujan politics to Parliament
Unquiet Flows The Tawi
The recent attack on a bus carrying pilgrims in Reasi district spotlights Jammu’s increased vulnerability to militancy
Rebel With a Cause
Congress rebel candidate Vishal Patil fights as an independent, defeats the BJP candidate and sitting MP by over one lakh votes and rejoins the Congress
Winds of Change
Ethnic questions and local dynamics make the Bharatiya Janata Party lose ground in the Northeast
The Giant Killer
The election campaign of Geniben Thakor, the lone Congress MP from Gujarat, was as impressive as her victory
Chak De Change
There is a new churning in Punjab politics and the Bharatiya Janata Party is diving in with an eye on the 2027 assembly election
Minority Mantra
The elevation of George Kurian, long serving Party functionary, to the Union cabinet is part of the Bharatiya Janata Party’s ongoing “Christian project” in Kerala
Art of the Possible
Youngest Dalit MP Shambhavi Choudhary plans to focus on connectivity to schools, colleges and hospitals, women and jobs
Red Revival
On his way to the hallowed chamber of Parliament, OBC leader Sudama Prasad defeated a BJP stalwart in Arrah and ensured CPI-ML’s entry into Parliament after more than three decades