Political demands

A compilation of the political demands linked to the parade

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Section 377 of the Indian Penal Code criminalizes consensual sex between adults by terming all sexual acts other than penile-vaginal intercourse as ‘against the order of nature’. This archaic statute was introduced in India by the British in 1860. Through Britain got rid of their anti-sodomy law a long time ago, India continues to carry forward this colonial legacy. Criminalization of sexual minorities through this law acts as the main structural reason for the horrendous human rights violations against sexual minorities. Police and goondas take advantage of this law and harass, abuse (verbally, physically and sexually), blackmail and extort money and other valuables from sexual minorities.

Unfavourable laws coupled with stigma, discrimination and social rejection block most sexual minorities from accessing various social entitlements including voter ID, ration card, passport, driving license, housing,  education, employment, savings and credit facilities, insurance, old age pension and old age shelter homes.

One of the major issues that hijras and other transsexuals face is that sex change is not legally recognized in India and there are no procedures for legal change of a person’s sex after going through sex change. As  a result. Hijras and other transsexuals cannot prove their identity as their bodies and gender expression do not match their ‘sex’ on official documents. Unable to prove their identity, hijras and other transsexuals have been completely marginalized vis-à-vis employment, education, inheritance, ration cards, savings and credit facilities and housing.
 
In this context, we demand that:

1.    Section 377 of the Indian Penal Code should be amended to exclude all forms of sex between consenting adults from the definition of the offence.
2.    State should accord choice of gender/sex to people who have undergone sex reassignment surgery, including persons who have undergone male castration or bilateral mastectomy (surgical removal of both breasts) or hormonal therapy as part of sex reassignment procedures.
3.    State should take steps to prevent police/ goonda violence against sexual minorities and take effective measures to punish those who perpetrate offences against sexual minorities.
4.    State should initiate special measures for the welfare of hijras and other transsexuals (the most marginalized section of sexual minorities) E.g. education, employment, savings-credit facilities, housing, skill development etc.
5.    Sexual minorities should get all social entitlements without any discrimination. This includes voter ID, ration card, passport, driving license, housing, education, employment, savings and credit facilities, insurance, old age pension and old age shelter homes.