UNAIDS, the main advocate for coordinated global action on the HIV/AIDS pandemic, and the UN Development Progarmme (UNDP) offices in India have been important partners in this effort. 

On this International Day Against Homophobia, Biphobia and Transphobia (IDAHOBIT), celebrated annually on 17 May, we reflect on the journey of some members of this community in India and shed light on the challenges they are still faced with.

‘All hell broke loose’

Noyonika* and Ishita*, residents of a small town in the northeastern Indian state of Assam, are a lesbian couple working with an organization advocating for LGBTQIA+ rights.

But despite her advocacy role in the community, Noyonika has been unable to muster the courage to tell her own family that she is gay. “Very few people know this,” she says. “My family is very conservative, and it would be unthinkable for [them] to understand that I am gay.”

Noyonika’s partner, Ishita, is Agender (not identifying with any gender, or having a lack of gender). She says that she realized in childhood that she was different from other girls and was attracted to girls rather than boys. But her family is also very conservative, and she has not told her father about her reality.

Twenty-three-year-old Minal* and 27-year-old Sangeeta* have a similar story. The couple are residents of a small village in the northwestern state of Punjab. They now live in a big city and work for a well-regarded company.

Sangeeta said that although her own parents eventually came to terms with the relationship, Minal’s family was extremely opposed to the point of harassing the couple. “All hell broke loose,” said Minal.

“In 2019, we got permission to live together through a court order,” Sangeeta explained, but after this Minal’s family started threatening her over the phone.

“They used to say that they would kill me and put my family in jail. Even my family members were scared of these threats. After that [Minal’s family] kept stalking and harassing us for two to three years,” she said.

Today, Sangeeta and Minal are still struggling to have their relationship legally recognized.

*Names have been changed to protect identities.

Struggles for acceptance

Heart-rending stories like these can be found across India, where societal prejudices and harassment continue to plague lesbian, gay, bisexual, transgender, queer and intersex communities.

Sadhna Mishra, a transgender activist from Odisha, runs a community organization called Sakha. As a child, she faced oppression because she was seen as not conforming to societal gender norms. In 2015, she underwent gender confirming surgery and her journey towards her authentic self began.

Recalling the painful days of her childhood, she said, “Because of my femininity, I became a victim of rape again and again. Whenever I used to cry, my mother would ask why, and I would not be able to say anything. I used to ask why people called me Chhakka and Kinnar [transgender or intersex]. My mother would smile and say that’s because you are different and unique.”

It is because of her mother’s faith in her that Sadhna is now active in fighting for the rights of other transgender persons.

Still, she remembers well the hurdles she has faced, like the early days of trying to get launch her organization and the difficulties she had even finding a place for Sakha’s office. People were reluctant to rent space to a transgender person, so Sadhna was forced to work in public places and parks.

Social prejudices

A lack of understanding and intolerance towards the LGBTQIA+ community are similar, whether in larger cities or in rural areas.

Noyonika says that her organization sees many instances where a man is married to a woman because of societal pressure, without understanding his gender identity. “In villages and towns, you will find many married couples who have children and are forced to live a fake life.”

As for the rural areas of Assam where her organization works, Ishita gave the example of a cultural festival Bhavna being celebrated in Naamghars, or places of worship, where dramas based on mythological stories are presented. 

The female characters in these dramas are played mostly by men with feminine characteristics. During festivals they are widely praised, and their feminine characteristics are applauded, but out of the spotlight, they can become victims of harassment.

“They are intimidated, they are sexually exploited, they are molested,” Ishita explained.

A slow path to progress

In recent years, there have been positive legal and policy decisions acknowledging the LGBTQIA+ community in India. This includes the 2014 NALSA (National Legal Service Authority) decision, in which the court upheld everyone’s right to identify their own gender and legally recognized hijras and kinnar (transgender persons) as a ‘third gender’. 

In 2018, the application of portions of Section 377 of the Indian Penal Code to criminalize private consensual sex between men was ruled unconstitutional by India’s Supreme Court. Further, in 2021, a landmark judgment by the Madras High Court directed the state to provide comprehensive welfare services to the LGBTQIA+ communities.

United Nations advocacy

Communication is an important way to foster dialogue and help create a more tolerant and inclusive society, and gradually, perhaps even change mindsets.

To this end, UN Women, in collaboration with India’s Ministry of Women and Child Development, has recently contributed to the development of a gender-inclusive communication guide.

Meanwhile, the UNAIDS and UNDP offices in India are working to assist the LGBTQIA+ community by running awareness and empowerment campaigns, as well as provide those communities with better health and social protection services.

“UNAIDS supports LGBTQ+ people’s leadership in the HIV response and in advocacy for human rights, and is working to tackle discrimination, and to help build inclusive societies where everyone is protected and respected,” said David Bridger, UNAIDS Country Director for India.

He added: “The HIV response has clearly taught all of us that in order to protect everyone’s health, we have to protect everyone’s rights.”

In line with the UN’s 2030 Agenda for Sustainable Development and the Organization’s broad commitment to ‘leave no one behind’, UNDP, is working with governments and partners to strengthen laws, policies and programmes that address inequalities and seek to ensure respect for the human rights of LGBTQIA+ people. 

Through the “Being LGBTI in the Asia and the Pacific” programme, UNDP has also implemented relevant regional initiatives.

Opportunities and challenges

UNDP India’s National Programme Manager (Health Systems Strengthening Unit), Dr. Chiranjeev Bhattacharjya said, “At UNDP India, we have been working very closely with the LGBTQI community to advance their rights.” 

Indeed, he continued, there are currently multiple opportunities to support the community due to progressive legal landmarks like the NALSA judgement, decriminalization of same sex relationships (377 IPC) and the Transgender Persons (Protection of Rights) Act of 2019 which has raised awareness regarding their development. 

“However, there are implementation challenges which will need multi-stakeholder collaboration and we will continue to work with the community to address them so that we leave no one behind,” he stated.

Even as the Indian legal landscape has inched towards broader inclusion with the repeal of Section 377, the country’s LGBTQIA+ communities are still awaiting recognition – and justice – when dealing with many areas of their everyday lives and interactions, for example: who can be designated ‘next of kin’ if one partner is hospitalized; can a partner be added to a life insurance policy; or whether legal recognition could be given to gay marriage. 

The Law on Transparency of Foreign Influence requires media, non-governmental organizations (NGOs) and other nonprofits to register as “pursuing the interests of a foreign power” if they receive more than 20 per cent of their funding from abroad. It was adopted on Tuesday.

The adoption has sparked protests in the capital, Tbilisi, and has been denounced by Georgia’s opposition as an effort to crackdown on independent media, civil society, rights activists and government critics

Chilling effect

Volker Türk, UN High Commissioner for Human Rights, said that in adopting the law, authorities and lawmakers “chose to disregard” the warnings raised by rights defenders and civil society.

“The impacts on the rights to freedom of expression and association in Georgia unfortunately now risk being significant,” he warned.

The registration requirement could also have a chilling effect on those working for civic freedoms and significantly curtailing their activities, Mr. Türk added.

“Stifling diverse voices on matters of serious public interest will only complicate the Government’s ability to respond effectively to the many challenges facing the country with sound legislative and policy measures,” he said.

Assurances broken

Meanwhile, independent rights experts also denounced the law’s adoption, which they said happened despite assurances following the withdrawal of another identical bill last year.

That bill was withdrawn in March 2023, following large scale protests, and in November, senior government officials and parliamentarians assured the UN Special Rapporteur on the situation of human rights defenders that the draft would not be reintroduced.

“We are shocked that even in light of clear opposition by a significant segment of Georgia’s people, the law was expedited through Parliament with media and civil society representatives denied access to the proceedings,” the UN Human Rights Council-appointed experts said.

They also voiced serious concern at the speed of deliberations in Parliament, “which appear to have taken place without inclusive, transparent and genuine consultations with civil society, society at large and opposition parties.”

Rights activists not enemies of the state

Mr. Türk called for the law to be shelved, and for the authorities to engage in dialogue with media, civil society organizations and human rights defenders.

The independent experts further warned that if signed into law by the President, it would put Georgia in contravention of its human rights obligations, notably on freedom of association.

“For Georgia, this is a step in the wrong direction,” the experts said.

“Human rights defenders, young people and peaceful protestors are not enemies of the state,” they stressed.

Independent rights experts

The experts making the call included the Special Rapporteurs on human rights defenders, on freedom of peaceful assembly and on freedom of opinion and expression; as well as the Independent Expert on human rights and international solidarity.

Appointed by the Human Rights Council – the UN’s highest intergovernmental forum on human rights – and forming a part of its Special Procedures, special rapporteurs and independent experts are mandated to monitor and assess the rights situation in certain thematic or country situations.

They work voluntarily, are not UN staff and do not receive a salary.

The call accompanies the launch of a key report by OHCHR, highlighting also the need for the Government to acknowledge the involvement of State security forces and to issue a public apology.

From the 1970s to 2009, Sri Lanka witnessed widespread enforced disappearances, predominantly carried out by the national army and associated paramilitary groups.  

The Liberation Tigers of Tamil Eelam (LTTE) also participated in abductions, which, according to the UN Working Group on Enforced or Involuntary Disappearances, tantamount to enforced disappearances.

OHCHR noted that despite some formal measures by successive governments, such as ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and establishing the Office on Missing Persons and the Office for Reparations, “tangible progress on the ground towards comprehensively resolving individual cases has remained limited.”

Ongoing suffering

UN High Commissioner for Human Rights Volker Türk emphasized the ongoing suffering of families waiting for information about their loved ones.

“This report is yet another reminder that all Sri Lankans who have been subjected to enforced disappearance must never be forgotten … their families and those who care about them have been waiting for so long. They are entitled to know the truth.”x

Nearly 15 years after the end of the civil war, and decades since the first disappearances, Sri Lankan authorities continue to fail in ensuring accountability for these violations.

“Accountability must be addressed. We need to see institutional reform for reconciliation to have a chance to succeed,” said Mr. Türk.

Harassed and intimidated

The report outlined the extensive psychological, social and economic impact on the families, particularly on women who often become the primary breadwinners in challenging labour environments, including risks of sexual harassment and exploitation.

Many women seeking information about their disappeared loved ones have faced harassment, intimidation and violence from security forces.

One woman recounted threats from the army and police, highlighting the dangers faced by those advocating for the disappeared.

Families still waiting

Under international law, the State has a clear obligation to resolve cases of enforced disappearances, which remain ongoing violations until clarified, according to OHCHR.

However, many families still lack answers. A man testified before a national commission about his disappeared son, saying:

“Two weeks passed, then two months, then two years. Now it has been 32 years, and I am still waiting.”