Lesbian, gay, bisexual and transgender (LGBT) people in Kerala face legal and social difficulties not experienced by non-LGBT persons. However, Kerala has been at the forefront of LGBT issues in India after Tamil Nadu.[1] It became one of the first states in India to establish a welfare policy for the transgender community and in 2016, proposed implementing free gender affirmation surgery through government hospitals.[2][3][4] Same-sex sexual activity has been legal since 2018, following the Supreme Court ruling in Navtej Singh Johar v. Union of India. In addition, numerous LGBT-related events have been held across Kerala, including in Kochi and Thiruvananthapuram. However, there is also increasing opposition to LGBT rights recently as evidenced by the anti-LGBT campaigns spearheaded by meninist groups and Muslim organisations like Indian Union Muslim League, Samastha and Jamaat-e-Islami.[5][6][7][8][9]
Homosexual intercourse was made a criminal offence under Section 377 of the Indian Penal Code in 1861. This made it an offence for a person to voluntarily have "carnal intercourse against the order of nature." In 2009, the Delhi High Court decision in Naz Foundation v. Govt. of NCT of Delhi found Section 377 and other legal prohibitions against private, adult, consensual, and non-commercial same-sex conduct to be in direct violation of fundamental rights provided by the Indian Constitution.[10][11]
On 2 February 2016, the Supreme Court decided to review the criminalisation of homosexual activity.[20] On 6 September 2018, the Supreme Court unanimously struck down Section 377 as unconstitutional, ruling that it infringed on the fundamental rights of autonomy, intimacy, and identity, thus legalising homosexuality in India, including in Kerala.[21][22]
Same-sex marriages are not recognised or performed in India. However, in recent times, movements advocating for such recognition has emerged in Kerala, and India in general.[23]
In a survey conducted by India Today, 58% of participants from the state rejected same-sex relationships - the 4th highest among the 12 states surveyed.[24]
Adopted in 2019, the Transgender Persons (Protection of Rights) Act, 2019 bans unfair discrimination against transgender people in educational establishment and services, employment, healthcare services, access to the "use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public", the right to movement, the right to "reside, purchase, rent or otherwise occupy any property", the opportunity to stand for or hold public or private office, and in government or private establishments.[26]
Transgender rights
In 2014, the Indian Supreme Court ruled to recognize a "third gender" in the case of National Legal Services Authority v. Union of India, affirming the transgender community's freedom from discrimination and right to equality. The state of Kerala was the first to follow up on the ruling, introducing a government transgender policy in 2015. The policy addresses the right for people belonging to transgender communities to identify as "male", "female" or "TG" (Third Gender). It has provisions to protect the community by providing equal access to social and economic resources, protecting the right to equal treatment under the law, the right to life, liberty and justice, and the right to non-discrimination based on sex.[27][28]
Kerala has been at the forefront of transgender rights in India. It was one of the first states with a policy for transgender people, which was introduced in 2015, and has introduced several welfare programs for the community.[29] In 2016, the State Government proposed introducing free sex reassignment surgeries in government hospitals. Kannur district in 2016 allocated a part of its budget towards employment and skill training programs for transgender people.[30] However, societal discrimination, particularly in employment and housing, and various implementation issues remain major problems. A lack of training means that many government hospitals cannot offer gender affirming surgery, so patients must instead go to costlier private institutions. While the government provides reimbursement for gender affirming surgeries and a scholarship scheme for transgender students between classes 7 and 10, stigma, lack of care standards and issues with fund disbursement (as people who undergo these procedures must raise the funds themselves before being refunded afterwards) hamper access.[29]
In 2016, the country's first transgender school opened in the city of Kochi. The school prepared students for the 10th and 12th standard board exams and provided vocational skills training. The school welcomed 10 transgender students ranging from ages 25–50. Transgender activist Vijayarajamallika, who was the head of the school, stated, "the school aims at making transgender people eligible for taking decent jobs and living a dignified life." She further stated, "we have admitted six candidates so far, all male-to-female persons, from 14 applicants. Of the 10 seats, we have reserved one for female-to-male and one for the disabled." The teachers of the school were also transgender. The school sought to open more opportunities for the community to gain an occupation and an education.[32] Three months after its opening, however, the center stopped functioning as a school with no academic staff, students, or accreditation.[33] The building was turned into a hostel for the transgender staff of Kochi Metro and related institutions.[34]
In 2017, the clothing brand Red Lotus hired two transgender people to model their sarees, Maya Menon and Gowri Savithri. This gained a lot of attention and went viral on social media. The line is part of Sharmila Nair's collection "Mazhavil" (മഴവില്ല്) or "rainbow", representing the rainbow colours associated with LGBT rights, and is dedicated to transgender people.[35]
In 2017, a workshop was held in Kozhikode to address the implementation of the state's transgender policy within social institutions. It was organized by the Social Justice Department, and around 30 representatives of the transgender community attended. During the workshop, they discussed proposals such as having identity cards for transgender people, developing a pension plan for those within the community who are over 60, the implementation of skill development training programs, having scholarships and educational loans for transgender students, and providing driving lessons in order for transgender people to be employed as Uber drivers.[36]
The Government Medical College Hospital in Kottayam opened a clinic in 2017 that exclusively attends to the transgender community. The clinic has a panel of doctors who are specialized in the area. This was the first government clinic of its kind, and focuses on serving the transgender community, as well as opening its doors to sex workers. The proposal for the clinic was put forward by the District Legal Services Authority (DLSA) after a campaign had voiced health concerns for the transgender community.[37]
A recent spate of killings of transgender people and lack of responsible investigation into the cases by the police have raised security concerns among the transgender community in Kerala.[38] There have also been a rise in incidents of harassment by police personals towards transgender people when they approach police stations for filing complaints which resulted in a direction by the DGP to address their grievances without delay.[39]
The suicide of Anannyah Kumari Alex, Kerala's first transgender RJ and activist, alleging botched-up gender affirmation surgery lead to protests by the LGBTQIA+ community of Kerala and initiated discussions about the irregularities and the absence of a specific protocol for conducting gender affirmation surgeries in various private hospitals of the state.[40][41] The state government appointed an expert committee to look into various issues faced by transgender persons in health sector and also initiated steps to conduct free gender affirmation surgeries in government hospitals of Kerala.[42][43]
The suicide of Praveen Nath, Kerala's first transgender bodybuilder, has turned the attention to transphobic groups mushrooming across Kerala recently, many of them are rooted in religious fundamentalism.[44] Minister R. Bindu blamed both cyber bullying and transphobia in the media for the suicide and has described Praveen Nath as a martyr.[45][46]
Until very recently, LGBT people were "invisible" in Kerala society. Despite Kerala being the most literate Indian state, ignorance concerning homosexuality was very high; with few LGBT people opting to come out, in fear that family members would "take them to a psychiatrist or file a police complaint against friends."[47] Local activists associate these attitudes as "the result of the Victorian sense of morality that treats sex as sin". This climate has eased in recent years. Gay conversion therapy is widely practised by both licensed psychiatrists/psychologists as well as quacks despite position statements by multiple psychiatrist/psychologist organisations condemning the practice as unscientific and illegal.[48]
Queerala (Malayalam: ക്വിയറള), is one of Kerala's main LGBT advocacy groups, campaigning for increased awareness of LGBT people and sensitisation concerning healthcare services, educational curriculum and workplace policies.[49]Queerythm (Malayalam: ക്വിയറിഥം), another LGBT organisation, also plays a key role in organising the annual pride marches in Kerala and runs a 24X7 helpline for community members in distress.[50]Sahayathrika, the first ever community based organisation formed in Kerala which mainly caters to the needs of female-born members of the LGBTIQA+ community, recently celebrated its 20th anniversary in 2022.[51]
Pride marches
Kerala Queer Pride (കേരള ക്വിയർ പ്രൈഡ്) has been held annually across various cities in Kerala, beginning in July 2010 in the city of Thrissur.[52] The tenth edition was held in Kochi in November 2019.[53] It was launched in the aftermath of the 2009 Delhi High Court judgement decriminalising all consensual sex between adults. The event focuses on advocacy regarding LGBT issues, as well as sensitisation of the police and media to prevent violence and discrimination against members of the LGBT community.[54] After a gap of 2 years due to Covid-19, the eleventh Kerala Queer Pride took place in Kollam in September 2022.[55] An annual pride walk has also been organised by Queerythm in Thiruvananthapuram since 2017.[56]
Public opinion
In the 2021 Mathrubhumi Youth Manifesto Survey conducted on people aged between 15 and 35, majority (74.3%) of the respondents supported legislation for same-sex marriage while 25.7% opposed it.[57]
Opposition
There is increasing opposition to LGBT+ rights in the state recently.[58] It is spearheaded by mostly Muslim organisations and some meninist groups. Mainstream politicians like former Minister for social welfare, Dr. M. K. Muneer and K. M. Shaji have voiced their opposition multiple times with some of their statements being dubbed as 'hate speeches' by the media.[59][60][61][62] Cyberbullying against the community and its supporters was reported to be at an all-time high with even Kerala Blasters Football Club and actor Mammootty were not being spared.[63][64] Suicides of at least two persons belonging to the LGBTQ community have been linked to cyberbullying by homophobic trolls from Kerala.[65] In December 2023, the High Court of Kerala described the cyber attacks against the LGBT+ community as a 'serious issue' and asked the authorities to take necessary action.[66]
Homosexuality in India is legally permitted and tolerated by the most of the traditional native philosophies of the nation, and legal rights continue to be advanced in mainstream politics and regional politics. Homosexual cohabitation is also legally permitted and comes with some legal protections and rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Azerbaijan face significant challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Azerbaijan since 1 September 2000. Nonetheless, discrimination on the basis of sexual orientation and gender identity are not banned in the country and same-sex marriage is not recognized.
Lesbian, gay, bisexual, and transgender (LGBT) rights in India have expanded in the 21st century, though much of India's advancements on LGBT rights have come from the judiciary and not the legislature. Indian LGBT citizens still face social and legal difficulties not experienced by non-LGBT people.
Lesbian, gay, bisexual and transgender (LGBT) rights in Tamil Nadu are the most progressive among all states of India. Tamil Nadu was the first state in India to introduce a transgender welfare policy, wherein transgender individuals can access free gender affirmation surgery in government hospitals and various other benefits and rights. The state was also the first to ban forced sex-selective surgeries on intersex infants, and also the first state to include an amendment in its state police guidelines that expects officers to abstain from harassing the LGBTQIA+ community and its members. The state also became the first to ban conversion therapy as well as the first to introduce LGBTQIA+ issues in school curricula.
M. K. Muneer is an Indian politician, physician, social worker, singer, poet and author from Kerala. He was the Minister for Social Welfare and Panchayat in the last UDF Ministry, headed by Oommen Chandy and represented the Kozhikode South constituency in the legislative assembly. He was also the Minister for Public Works in A K Antony Ministry 3. Muneer is a State secretary of the Indian Union Muslim League and was the Chairman of the Malayalam TV channel Indiavision. He has written ghazals and books including Fascism and the Sangh Parivar. He is a qualified medical doctor and patron of MCC-THAS-Haemophilia Society.
LGBTQ people are well documented in various artworks and literary works of Ancient India, with evidence that homosexuality and transsexuality were accepted by the major dharmic religions. Hinduism and the various religions derived from it were not homophobic and evidence suggests that homosexuality thrived in ancient India until the medieval period. Hinduism describes a third gender that is equal to other genders and documentation of the third gender are found in ancient Hindu and Buddhist medical texts. The term "third gender" is sometimes viewed as a specifically South Asian term, and this third gender is also found throughout South Asia and East Asia.
India's LGBTQ culture has recently progressed in its cities due to the growing acceptance of the LGBTQ community in urban India in the 21st century.
Queer Azaadi Mumbai Pride March, also called Queer Azaadi March and Mumbai pride march, is an annual LGBTQIA pride parade that is held in the city of Mumbai, capital of Maharashtra, India. It usually begins from Gowalia Tank ending at Girgaum Chowpatty. It, along with the Pride Week, is organized by Queer Azaadi Mumbai, a collective of organizations and individuals working for the rights of LGBTQIA community. The participants of the march include people from the LGBTQIH community as well their "straight allies", from India and outside. In addition to being a celebration of queer pride, the pride march and related events are a platform to ask for equal rights.
Delhi Queer Pride Parade is organised by members of the Delhi Queer Pride Committee every last Sunday of November since 2008. The queer pride parade is a yearly festival to honour and celebrate lesbian, gay, bisexual and transgender people, and their supporters. The parade usually runs from Barakhamba Road to Tolstoy Marg to Jantar Mantar.
This is a timeline of notable events in the history of non-heterosexual conforming people of South Asian ancestry, who may identify as LGBTIQGNC, men who have sex with men, or related culturally-specific identities such as Hijra, Aravani, Thirunangaigal, Khwajasara, Kothi, Thirunambigal, Jogappa, Jogatha, or Shiva Shakti. The recorded history traces back at least two millennia.
Chennai has LGBTQIA cultures that are diverse concerning- socio-economic class, gender, and degree of visibility and politicisation. They have historically existed in the margins and surfaced primarily in contexts such as transgender activism and HIV prevention initiatives for men having sex with men (MSM) and trans women (TG).
The following outline offers an overview and guide to LGBT topics.
Orinam is a non-funded, social, and activist collective that works to enhance understanding of alternate sexualities and gender identities among families, communities and society. It was founded in 2003 in Chennai under the name MovenPick and is one of the oldest collective of its kind in India. People affiliated with Orinam are from or trace their ancestry to the following geo-cultural: People of Tamil Origin from Tamil Nadu, India. Orinam provides a platform for creative expression, personal and social commentary by Queer people of Tamil Origin and of Indian Origin primarily. Orinam also acts as a local support group in Chennai for the queer community. Orinam also partners with the city-, state- and national initiatives around decriminalisation of homosexuality by amending Section 377 of the Indian Penal Code and LGBTQ rights.
The Chennai Rainbow Pride March has been held by members of Tamil Nadu LGBTIQA+ communities every June since 2009. The pride march is organised under the banner Tamil Nadu Rainbow Coalition, which is a collective of LGBT individuals, supporters, and organizations working on human rights and healthcare for the LGBTQIA community. The Pride March occurs on the final Sunday of June every year. The Pride March is usually preceded by a month-long series of events organized by NGOs and organizations to inculcate awareness and support for the LGBTQ community, such as panel discussions, film screenings, and cultural performances. The Chennai Vaanavil Suyamariyadhai Perani a.k.a. Chennai Rainbow Self-Respect March is known for being inter-sectional in nature as it addresses issues with multiple axes such as caste, class, religion coupled with gender discrimination.
Gopi Shankar Madurai is an Indian equal rights and Indigenous rights activist. Shankar was one of the youngest, and the first openly intersex and genderqueer statutory authority and one of the candidates to contest in 2016 Tamil Nadu Legislative Assembly election. Shankar is also the founder of Srishti Madurai Student Volunteer Collective. Shankar's work inspired the Madras High Court to direct the Government of Tamil Nadu to order a ban on forced sex-selective surgeries on intersex infants. In December 2017, Shankar was elected to the executive board of ILGA Asia. In August 2020, the Ministry of Social Justice and Empowerment appointed Shankar as the South Regional representative in the National Council for Transgender Persons.
Bengaluru Namma Pride March is a queer pride march that is held annually in the city of Bengaluru in Karnataka, India, since 2008. The march is organised by a coalition called Coalition for Sex Workers and Sexuality Minority Rights (CSMR). The pride march is preceded by a month of queer related events and activities
Tamil sexual minorities are Tamil people who do not conform to heterosexual gender norms. They may identify as LGBTQIA. It has been estimated that India has a population of 2.5 million homosexuals, though not all of them are Tamil, and not all Tamils live in India.
The following list is a partially completed compilation of events considered to have a profound effect on the welfare or image of Tamil sexual minorities. The use of bold typeface indicates that the event is widely considered to be landmark:
Sexual minorities in Sri Lanka have been counted in recent times as consisting of as little as 0.035% of the population to as high as 19.6%. It is likely that there are around 1,100,000 according to current mapping conventions.
Indradhanu is the official LGBTQIA+ collective of Indian Institute of Technology Delhi. The student-driven collective aims to create a safe space for LGBT+ persons in the institute's campus. Members from Indradhanu have also been petitioners in the decriminalisation of homosexuality in India. In December 2021, it was accorded official recognition by the college administration. It now holds a nominated position in the Student Affairs Council of IIT Delhi and works with the office of Diversity and Inclusion, IIT Delhi.
↑ Kusum Ingots v. Union of India, (2004) 6 SCC 254: "An order passed on a writ petition questioning the constitutionality of a Parliamentary Act, whether interim or final, keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act."
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