Could you introduce yourself, and the work of your organisation. Why were you established?
I am Jayna Kothari and Executive Director of the Centre for law and Policy Research. CLPR works on legal and policy research and strategic litigation on a variety of issues and one of our main focus areas is transgender rights and the law in India. There are not many organisations that work on law and policy research and strategic litigation in India, and it was to bridge this gap that we were established. Also, we are one of the few organisations that provide legal support to trans and the LGBTQI community. Though we are not a trans-led organisation, we work very closely with transgender actvists and the community at the grassroot levels and take up emerging legal issues to work on.
What important successes have you had as an organisation
We have had very important successes as an organisation working on trans and LGBTQI rights. One of our biggest successes was the landmark judgement of the Supreme Court in Navtej Johar and others v. Union of India in 2018 in which same sex conduct under Section 377 of the Indian Penal Code was decriminalized for consenting adults. We represented three transgender activists in the case and it was a landmark decision in the country. Thereafter as well have had many important successes. In Karnataka we have recently been successful in getting the government to amend its laws to provide 1% reservation for transgender persons in public employment in the State. During the COVID lockdowns we filed public interest litigations in several states which led to the High Courts passing orders for providing food, rations and medical care for the trans community free of cost and even without having necessary identity carsd, which many of them did not have. In some cases, the Court held that separate wards are to be established in government hospitals for transgender COVID patients and also to expedite vaccinations for transgender persons. We have obtained court orders for name and gender change for several trans persons, due to which their legal documents and educational certificates were changed.
What are some of the major challenges that the trans community faces at the moment within your context?
The trans community faces neglect from local, state and central government in the country. Though there is the protection of constitutional rights by the judgements of the Supreme Court, this is not being implemented on the ground the community still faces discrimination and stigma. Trans persons do not have access to employment and education and therefore reservations are necessary. Exclusion and stigma at homes and within families, educational institutions, at places of work, in healthcare is still very much present. Aversion/Conversion/Reparative Therapies and various non-medical forms of curative violence are yet not banned under law and continue unabated. Employment and livelihoods are areas of predominant exclusion.
What does the future look like for trans rights in your region or globally?
Though there is a lot of recognition of transgender rights, in practice the situation is quite bleak. The trans community and activists in India are presently facing a huge backlash for standing up for their rights. The Transgender Persons (Protection of Rights) Act, 2019 in India does not fully recognise self-identification and allow only post-op transgender persons to transition within the gender binary. This law needs reform, so as to ensure recognition of gender identity for all trans persons. For full equality, trans persons need equal access to work, education, housing and health care at the very minimum and these rights are far from fulfilled. Hence there is a lot of work ahead.
On Trans Awareness Week, what is a central message you want the world and allies to know?
That equality for trans persons is a question of equality for all and transgender rights are human rights.
How can allies best support the trans community?
Allies can support the trans community by first of all being sensitive and aware of their rights and taking up issues and concerns that emerge from the community at the grassroot level. This what we try to do at CLPR constantly. Allies can show support by supporting the trans community in whichever way they can – whether by funding, hiring trans persons in their organisations, standing up for trans rights, and amplifying the voices of transgender persons and activists.