The International Commission of Jurists, Sangama, and Centre for Law and Policy Research (CLPR) invite you to a panel discussion on “Human rights violations faced by LGBTQ persons in housing, work, and public spaces,” on 26 July 2019 in Bangalore.

The issues sought to be examined in this panel discussion, i.e. human rights violations faced by LGBTQ persons in the domains of housing, work, and public spaces, have been studied by the ICJ in its report “Living with Dignity: Sexual Orientation and Gender Identity based human rights violations in housing, work, and public spaces in India” and by the CLPR in its study “Intersectionality: A Report on Discrimination based on Caste with the intersections of Sex, Gender Identity and Disability in Karnataka, Andhra Pradesh, Tamil Nadu and Kerala”. The objective of this event to further examine these issues, and discuss a way forward for legal and policy advocacy of the rights of LGBTQ persons in India.

About ICJ’s Report

Through a series of historic judgments, the Supreme Court of India has pronounced that the rights of lesbian, gay, bisexual, transgender and queer (LGBTQ) persons are fully protected by the Indian Constitution, in recognition of the discrimination faced by individuals due to their real or perceived sexual orientation, gender identity and gender expression (SOGIE).

The Supreme Court has found that LGBTQ persons are entitled to the “full range of constitutional rights,” and that “[e]quality does not only imply recognition of individual dignity but… equal opportunity to advance and develop their human potential and social, economic and legal interests.”

ICJ’s report follows the lead of the Supreme Court in acknowledging that the effect of a history of non-recognition and criminalization of LGBTQ identities, due to discrimination based on real or perceived SOGIE, has been the deprivation of civil, cultural, economic, political, and social rights.

The report documents the experiences of LGBTQ persons in India seeking to live a dignified and fulfilling life at home, work and in public spaces, as well as the obstacles they face when they seek effective remedies for violations of their rights. It also highlights the need for rights protections to be enforced in relation to both private and public spaces if such individuals are to effectively enjoy the full range of rights protected under Indian and international law.

The report has two main aims: (i) to assess the extent to which the Government of India has succeeded or failed to meet its obligations under Indian and international human rights law; and (ii) to offer a set of law and policy recommendations to improve human rights protections for LGBTQ persons, and to strengthen the institutions that are responsible for safeguarding those rights.

Through this report, the ICJ hopes to contribute in a small way to the documentation of the obstacles that LGBTQ, and particularly transgender, persons face when they seek to protect and advance their “human potential and social, economic and legal interests.” The ICJ hopes that this will serve as an important tool for policymakers, civil society and lawyers alike.

About CLPR’s Report

Over the last five years, significant strides have been made on securing transgender rights, through the Supreme Court’s decisions in NALSA v. Union of India and Navtej Johar v. Union of India. While these decisions have brought the challenges faced by gender and sexual minorities to the forefront, the experiences of transgender and intersex persons who come from marginalized caste groups or are persons with disabilities have not yet been studied closely in India.

CLPR’s socio-legal study on discrimination at the intersection of caste with sex, gender identity and disability is the first step towards studying and documenting the life experiences of discrimination through an intersectional lens. The study focuses on the four South Indian states of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu and aims to understand the relationship between identities, the experience of discrimination and the sites of discrimination such as educational institutions, workplaces, police stations, and public spaces.

CLPR hopes that this report will lay the foundation for future studies on intersectional discrimination and shape the way we conceptualise equality and anti-discrimination legislations to secure the rights of the most marginalized groups in India.

Agenda

Time	Session	Speakers
03:30 – 04:00	Registration and Tea
04:00 –  04:15	Opening remarks
04:15  –  04:45	Presentation by International Commission of Jurists of key findings and recommendations of the report “Living with  Dignity: Sexual Orientation and Gender Identity based human rights violations in housing, work, and public spaces in India”	Maitreyi Gupta, International Commission of Jurists
04:45 –  05:05	Presentation by Centre for Law and Policy Research of key findings and recommendations of the report “Intersectionality:   A Report on Discrimination based on Caste with the intersections of Sex, Gender Identity and Disability in Karnataka, Andhra Pradesh, Tamil Nadu and Kerala”	Deekshitha Ganesan, Centre for Law and Policy Research
05:05 – 06:00	Panel Discussion on Economic, Social and Cultural Rights Violations faced by LGBTQ persons in India Despite landmark judgments from the Supreme Court on LGBTQ rights – NALSA v. Union of India and Navtej v. Union of India – laws, policies, and practices continue to deny to LGBTQ persons their fundamental rights to equality, non-discrimination and life with dignity. The goal of this session is to engage in a discussion on some key issues wherein LGBTQ persons face SOGIE-based discrimination: ●  Housing: SOGIE-based discrimination and violence in accessing and realizing the right to adequate housing including due to family violence, homelessness, lack of shelter homes and discrimination in the rental market. Discussion on available remedies and access to justice and recommendations; ●  Work: Discrimination and abuse faced by LGBTQ persons in accessing work, including gendered eligibility recruitment criteria, SOGIE-based discrimination in recruitment, abusive work environment, and lack of job security. Discussion on remedies available and legal and policy recommendations to improve access to work, working conditions, and workplace environments; ●  Public Spaces: SOGIE-based discrimination and harassment faced by LGBTQ persons in accessing public spaces such as streets and parks, public toilets, public transport, and cultural spaces. Discussion on recommendations to increase access to and safety in public spaces.	Purushottam, Lawyer, Karnataka High Court Kiran Varsha, Sangama Afeef, Alternative Law Forum   Moderator: Maitreyi
06:00 – 06:40	Charting the way forward	Jayna Kothari, CLPR Rajesh Srinivas, Sangama Sankari, Nirangal
06:40 – 07:00	Closing remarks	Maitreyi Gupta

About International Commission of Jurists

Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists (ICJ) promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952 and active on five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession.

About Sangama

Sangama is a non-governmental organisation based out of Bangalore, working for the rights of working class sexual minorities, sex workers and people living with HIV since 1999.

About the Centre for Law and Policy Research

CLPR is dedicated to making the Constitution work for everyone through law and policy research, social and governance interventions and strategic impact litigation.  It is a legal research organisation dedicated to the rule of law and defense of constitutional values. The focus areas of CLPR are gender and the law, transgender rights, caste, disability rights and understanding equality from an intersectional perspective.