Charting a Programmatic Roadmap for Sexual Minority Groups in India
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Discrimination and stigma are constant
companions in the life of the rainbow people. Apart from the
demand for decriminalization, the main issues that confront
the community are discrimination and violence, recognition
of alternative family structures, adoption and property
rights, and access to social security measures including
identity documentation, welfare schemes, and education and
health services. In order to establish a realistic plan for
their inclusion into state provided services and liberties,
it was important to understand what prevents them from doing
so at this time, and to develop a carefully crafted roadmap
for actions that the State, community and other stakeholders
can program into their day-to-day work. Sexual minorities
have fought a long battle against discrimination.
Criminalization of Hijra and homosexuals took place during
the colonial period and Lord Macaulay drafted the now
infamous section 377 of the Indian Penal Code (IPC)
according to the law, voluntary carnal intercourse against
the order of nature could be punished by imprisonment. Laws
such as section 377 have long been removed in most western
democracies, although they persist in many post-colonial
countries in Asia and Africa. In 2009, the Delhi High Court
also read down the law, legalizing same sex consensual
homosexual activities between adults. This judgment is
unfortunately now challenged at the Supreme Court of India
which is currently hearing the arguments of either side. The
decriminalization of the community remains a fundamental
issue which needs resolution if the community is to attain
its rightful due. Continued advocacy on the part of the
community and education of its people in the implications of
the 2009 High Court judgment are important steps.
Palabras clave
ABUSE, ACCESS TO EDUCATION, ACCESS TO HEALTH SERVICES, ACQUIRED IMMUNODEFICIENCY SYNDROME, ACTIVE PARTICIPATION, ADOPTION LAWS, ADOPTIONS, ADULT LIFE, ADVOCACY, AIDS PREVENTION, ANTI-DISCRIMINATION, ANTIDISCRIMINATION, ANXIETY, BABY, BISEXUAL, BISEXUALS, BLIND, CHILD DEVELOPMENT, CITIZEN, CITIZENS, CITIZENSHIP, CIVIL LAW, CIVIL MARRIAGE, CIVIL RIGHTS, CIVIL SOCIETY, CIVIL SOCIETY INSTITUTIONS, CIVIL SOCIETY ORGANIZATIONS, CIVIL UNIONS, CLINICS, COMMUNITIES, COMMUNITY HEALTH, COMPANIONS, CONDOMS, CONSENTING ADULTS, COURT, COURTS, CRIME, CRIMES, CRIMINAL, CRIMINALS, CULTURAL PRACTICE, CULTURAL PRACTICES, CULTURAL RIGHTS, CUSTODY, DECRIMINALIZATION, DEMOCRATIC SOCIETY, DEVELOPMENT GOALS, DEVOLUTION OF PROPERTY, DIET, DIGNITY, DISABILITY, DISABLEMENT, DISCRIMINATION, DISCRIMINATION AGAINST WOMEN, DISCRIMINATIONS, DISSEMINATION, DIVERSITY, DIVORCE, DOMESTIC PARTNERSHIPS, DOMESTIC VIOLENCE, DROPOUT, DRUGS, ECONOMIC OPPORTUNITIES, EDUCATIONAL SYSTEM, EMPOWERMENT, EPIDEMIC, EQUAL ACCESS, EQUAL OPPORTUNITY, EQUAL OPPORTUNITY POLICY, EQUAL RIGHTS, EQUALITY, EXCLUSION, FAMILIES, FAMILY STRUCTURE, FAMILY STRUCTURES, FAMILY WELFARE, FEMALE, FEMALES, FORMS OF DISCRIMINATION, FREE WILL, FULL PARTICIPATION, FUNDAMENTAL RIGHT, FUNDAMENTAL RIGHTS, GAY, GAY MEN, GAYS, GENDER, GENDER EQUALITY, GENDER ROLES, GENDER SENSITIZATION, GENDERS, GOVERNMENT AGENCIES, GOVERNMENT DEPARTMENTS, GUARDIANSHIP, HEALTH PROBLEMS, HEALTH SECTOR, HEALTH SERVICES, HEARING, HEARINGS, HIV, HIV/AIDS, HOME, HOMES, HOMOSEXUALITY, HOMOSEXUALS, HOSPITAL, HOSPITALS, HUMAN DEVELOPMENT, HUMAN IMMUNODEFICIENCY VIRUS, HUMAN RIGHTS, HUMILIATION, IMMIGRATION, IMMUNODEFICIENCY, IMPRISONMENT, INCLUSION, INHERITANCE, INHERITANCE RIGHTS, INSTITUTIONAL MECHANISMS, INTERCOURSE, INTERNATIONAL CONVENTION, INTERNATIONAL COVENANT, INTERVENTION, ISSUES OF POVERTY, JAILS, JOBS, JUDGES, JUSTICE, JUVENILE JUSTICE, KINSHIP, LAWS, LEGAL REFORM, LEGAL STATUS, LEGISLATION, LEGISLATIONS, LESBIAN, LESBIANS, LIBERTIES, LIBERTY, LOCAL AUTHORITIES, MAINSTREAM, MAINSTREAMING, MALE HEIR, MARGINALIZATION, MARITAL RELATIONSHIPS, MARITAL STATUS, MARRIAGES, MARRIED COUPLE, MARRIED COUPLES, MEDICAL FACILITIES, MENTAL ABUSE, MINISTRY OF HEALTH, MINORITIES, MINORITY, MONOGAMY, MOVEMENT, NATIONAL AIDS, NATIONAL HUMAN RIGHTS COMMISSION, NATIONAL LEVEL, NUTRITION, OBSCENITY, OFFENCES, OLD AGE, OPEN SOCIETY, OPPOSITE SEX, OPPRESSION, OUTREACH WORKERS, PARENTAL RESPONSIBILITIES, PARENTHOOD, PARENTING, PARTNERSHIP, PATRIARCHY, PENAL CODE, PERSONAL LIBERTY, PERSONAL SAFETY, PERSONALITY, PHYSICIANS, POLICY DECISIONS, POLITICAL RIGHTS, POPULATION GROUPS, PRACTITIONERS, PRISON, PRIVACY, PRIVATE LIFE, PROGRESS, PROPERTY LAWS, PROPERTY RIGHTS, PUBLIC HEALTH, PUBLIC OPINION, PUBLIC PLACE, PUBLIC PLACES, PUNISHABLE OFFENCE, RACE, RACIAL DISCRIMINATION, RAPE, RAPE LAWS, RECOMMENDATIONS FOR ACTION, RELIGIOUS GROUPS, REPRODUCTIVE HEALTH, REPRODUCTIVE HEALTH SERVICES, RESPECT, RIGHTS ORGANIZATIONS, SAME SEX, SAME SEX COUPLES, SANCTION, SCHOOL SYSTEMS, SCHOOLS, SENSITIVE SUBJECT, SERVICE PROVIDERS, SERVICE PROVISION, SEX, SEX EDUCATION, SEX WITH MEN, SEXUAL ACTIVITY, SEXUAL ASSAULT, SEXUAL BEHAVIOR, SEXUAL HARASSMENT, SEXUAL HEALTH, SEXUAL INTERCOURSE, SEXUAL ORIENTATION, SEXUAL RELATIONSHIP, SEXUAL RELATIONSHIPS, SEXUAL RIGHTS, SOCIAL ACCEPTANCE, SOCIAL EXCLUSION, SOCIAL JUSTICE, SOCIAL MOVEMENTS, SOCIAL NORMS, SOCIAL PROTECTION, SOCIAL SECTORS, SOCIAL SECURITY, SOCIAL SERVICES, SOCIAL STRUCTURE, SOCIETIES, STATE GOVERNMENTS, STATE POLICY, SURGERY, TECHNICAL SUPPORT, TOLERANCE, TREATMENT SERVICES, TREATY, UNEMPLOYMENT, UNIVERSAL ACCESS, UNMARRIED COUPLE, UNMARRIED COUPLES, VICTIMS, VULNERABLE GROUPS, VULNERABLE POPULATIONS, WAR, WEDDING, WELFARE STATE, WIFE, WILL, WIVES, WOMAN, WORKFORCE, WORKING CLASS, WORLD HEALTH ORGANIZATION