Queer community spells need for a law

The legislation should focus on marriage, property etc. for the LGBTIQA+ community

Updated - January 10, 2022 10:53 am IST

Published - March 19, 2021 08:40 pm IST - Thiruvananthapuram

While acknowledging the interventions targeted at transgender welfare over the last five years, the queer community in the State expects the next government to take a step further by bringing in legislation to protect their rights.

Prijith P.K., president of Queerythm, a community-based organisation, says the transgender policy should be updated, preferably by bringing in legislation, to reflect the issues of all sexual and gender minority people. In the wake of the Supreme Court’s landmark NALSA judgment and the decriminalisation of homosexuality, the State government could enact a comprehensive law that would delve into marriage, property and succession, parenthood, and other related matters for the LGBTIQA+ community.

The new government should be brave enough to implement such a law. Once the law is in place, anything that adversely affects the community will no longer be a hurdle, says Prijith.

As regards the transgender community, Prijith calls for local-level support systems so that people can ‘come out’ easily without worrying about acceptance for themselves and their families in society. Syama S. Prabha, Project Officer in the State Transgender Cell, also feels it is time to take steps for inclusion of LGBTQ+ people in society. The next government should make State rules for the Transgender Persons (Protection of Rights) Act, 2019, so that rights such as marriage and property can be ensured. This will, in turn, require amendment to the transgender policy, says Syama.

Reservation of seats for transgender people in local bodies, similar to that enjoyed by women, and a transgender welfare board or commission, on the lines of the women’s commission or the youth commission, should also be set up. The government has made welfare interventions for transgender people but more needs to be done such as permanent accommodation for them and PSC reservation to make more employment opportunities available to them, says Syama.

Planning is one area where mainstreaming can be facilitated. Amritha K.P.N., coordinator of the Gender School for Local Governance, KILA, says along with women empowerment, local bodies should also focus on development activities for mainstreaming the LGBTQ+ people. For this, gender-oriented working groups should be set up so that issues can be seen from the perspective of gender and programmes planned accordingly.

Positive gender discrimination, as in the case of women, can also be considered to give transgender people a leg-up to stand and compete with others, says Amritha. Though there is the transgender policy and transgender people have more visibility now, stronger measures need to be taken by the next government that target at a change in people’s attitudes. This will make transgender people more confident about finding social acceptance. Livelihood opportunities is another area the government can intervene in, she adds.

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