On 11/12/15 which marks the second anniversary of the Suresh Kumar Koushal judgement of the Supreme Court of India, which effectively recriminalised LGBT persons, the union government needs to be reminded of its constitutional responsibility to decriminalise the lives of millions of LGBT citizens. The lives of LGBT citizens are not a political football to be tossed from the judiciary to parliament and from parliament to the judiciary. It is time the government owned its responsibility!

In this connection, the petition below argues that constitutional morality enjoins that the government takes action to repeal s.377.

The petition itself is available at the following link for your endorsement http://www.ipetitions.com/petition/mr-modi-repeal-s377-ipc-its-your

Please circulate  widely and get as many signatures as we can of groups and individuals from diverse backgrounds including persons from the fields of law, politics, activism, academia, artists and others.

For more information on Section 377 of the Indian Penal Code and the struggle to repeal it, check out the 377 archives at http://377.orinam.net/

Bangalore, Nov 26, 2014: Over the past two days, approximately 167 members of the transgender community have been taken away by the police and kept at the Beggars’ colony. These detentions have been entirely arbitrary, and we are apprehending more detentions in the coming days. We are greatly concerned by this mass detention and violations of human rights.

Most detenues were not on the streets begging or doing any act that is prohibited under the Karnataka Prohibition of Beggary Act, 1975. Most of them were going about their daily chores when they were arbitrarily picked up by police officers and taken away to the Beggar’s colony in Hoysalas. The police even walked into the homes of the hijras and dragged them out. It is to be noted that even those hijras who went to the police station because they were called by other arrested hijras were also arrested. Clearly the objective of the police was not merely to pick up those who were begging, but in effect all persons who answered to the description of being hijra.

The reason for this mass detention is unknown to us but there is information suggesting that this is retaliation for the misbehaviour of one of the members of the community. Even if this were true, collective punishment inflicted on the entire hijra community for the wrongdoing of just one person is not appropriate. It is unconscionable that the entire transgender women community should be punished for the alleged wrongs of some members of the community

The detainees were not released even on an undertaking given by organizations working on sexuality rights. This is tantamount to arbitrary detention as the majority of those arrested have not committed any offence under the Beggary Act. This is violative of the fundamental freedom of movement which all citizens enjoy under Article 19 of the Constitution. This state action has taken on the character of a purge of hijras from the city of Bangalore violating guaranteed constitutional rights.

The Supreme Court of India in the judgment of National Legal Services Authority v Union of India has upheld the rights of the transgender community. The apex court has held that, “We, therefore, conclude that discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under our Constitution, and hence we are inclined to give various directions to safeguard the constitutional rights of the members of the TG community. Hijras, Eunuchs, apart from binary gender, be treated as ‘third gender’ for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature.”

In furtherance of the said judgment, the Karnataka State Government has formulated a policy for Transgenders in Karnataka. The Preamble to the policy states that “steps to create public awareness should be taken so that TGs feel that they are also part of the society, regain their respect and are not to be treated as untouchables. The solution to their problems requires concerted efforts to mainstream them and adoption of an inclusive approach in all spheres of life.” The policy then goes on to provide for a range of measures to create an enabling environment for the transgender community, amongst which include protection from harassment and abuse at multiple levels. The arbitrary mass detention of members of the transgender community is in violation of the Supreme Court’s judgment and the policy by the Karnataka State Government.

Therefore, we demand the State Government immediately fulfill the following demands:

1. Direct the release of the members of transgender community immediately;

2. Direct that there be no further detention of members of the transgender community;

3. Initiate departmental inquiry into this arbitrary detention by police officers under whose direction the purge of hijras from the city was carried out.

4. Compensation for the wrongful arrest and consequent mental trauma suffered by those arrested.

Please attend the protest today, the 26th of November, at Town Hall, from 4 pm, against the illegality of police action against transgenders.

Supported by : Karnataka Sexual Minorities Forum, Alternative Law Forum, People’s Union for Civil Liberties,Karnataka Janshakthi

Coverage by the Bangalore Mirror is here.

Justice Verma passed away yesterday and will be remembered by the queer community for more than one reason.

First of it is his order as the head of the News Broadcasting Standards Authority against TV9 for their programme “Gay Culture Rampant in Hyderabad”. Taking suo moto (on its own motion) cognizance of the matter, he passed an order directing TV9 to pay a fine of Rs.1,00,000/- and to telecast a public apology for three consecutive days, both in English and Telugu.

In his order, Justice Verma notes, “In effect what the content of the Programme clearly did was; instead of carrying a “crime story” it merely carried evidently a gratuitous depiction and reportage of homosexuality among men without any underlying serious message for the society; the Programme needlessly violated the right to privacy of individuals with possible alternate sexual orientation, no longer considered taboo or a criminal act; and the Programme misused the special tool of a “sting operation” available only to subserve the larger public interest”.

The second of the reasons would be the immense contribution that the Committee headed by Justice Verma made in addressing sexuality concerns while recommending changes to rape laws. The report inter alia recommended that sexual assault be made gender neutral thus understanding the gendered nature of sexual violence. A detailed analysis of the Verma Committee Report by Orinam is available here.

Finally, Justice Verma authored the landmark judgment in Vishaka vs. State of Rajasthan wherein he held that sexual harassment at the work place is violative of the right to equaity of women. He has been a strong proponent of judicial accountability and also ably chaired the National Commission for Human Rights. His career is a reflection of his belief in human rights. He will be remembered most for his actions that uphold this conviction.

The best tribute to him would be to implement the recommendations of the Verma Committee Report in toto and to uphold human rights for all.