ISSUES FACED BY THE LGBTQIA COMMUNITY IN KOCHI.

WHAT IS THE LGBTQIA COMMUNITY.

LGBTQ is an acronym for lesbian, gay, bisexual, transgender and queer or questioning.
These terms are used to describe a person’s sexual orientation or gender identity.

The initialism, as well as some of its frequent forms, has been in use since the 1990s as a
catch-all phrase for sexuality and gender identity.This can refer to anyone who is
non-heterosexual or non-cisgender, rather than just lesbians, gays, bisexuals, or transgender
persons. LGBTQ incorporates the letter ‘Q’ for people who identify as queer or are unsure of
their sexual or gender identity to acknowledge this inclusion.

Some use LGBT+ to mean "LGBT and related communities". LGBTQIA is sometimes used
and adds "queer, intersex, and asexual" to the basic term. Other variants may have a "U" for
"unsure"; a "C" for "curious"; another "T" for "transvestite"; a "TS", or "2" for "two-spirit"
persons; or an "SA" for "straight allies".Some may also add a "P" for "polyamorous", an "H"
for "HIV-affected", or an "O" for "other.The initialism LGBTIH has seen use in India to
encompass the hijra third gender identity and the related subculture.

HISTORY OF ABUSES AND DISCRIMINATION AGAINST THE

LGBTQIA COMMUNITY.
In 2014, the Federal Bureau of Investigation (FBI) reported that 20.8% of hate crimes
reported to police in 2013 was founded on perceived sexual orientation. Sixty-one percent of
those attacks were against gay men.Additionally, 0.5% of all hate crimes were based on
perceived gender identity. In 2004, the FBI reported that 14% of hate crimes due to perceived
sexual orientation were against lesbians, 2% against heterosexuals and 1% against bisexuals.

In 2011, the FBI reported 1,572 hate crime victims targeted based on a sexual orientation
bias, making up 20.4% of the total hate crimes for that year. Of the total victims, 56.7% were
targeted based on anti-male homosexual bias, 29.6% were targeted based on anti-homosexual
bias, and 11.1% were targeted based on anti-female homosexual bias.

INDIA

While the Queer Pride Parades in Delhi, Bangalore, and Chennai began in 2008, the events in
Pune did not begin until 2011. People from the community have been painting the streets
with vibrant colours since the first informal pride march in Kolkata in 1997. Many in the
community, however, believe that sensitising people to sexual identities that are not
considered acceptable is still a long way off.

Homophobia frequently manifests itself in the form of violence towards the community on a
mental, physical, emotional, and economic level, making 'coming out' a difficult and difficult
undertaking. Police in Hassan, Karnataka, arrested 13 people under section 377 earlier this
month. "Police officers went to the houses of several of those detained, claiming to be from
an HIV prevention unit. Then they bullied these people into naming a few others and
detained them as well," Mallappa, the state coordinator of Karnataka Sexual Minorities
Forum, said.
Following an accusation of sexual assault by an engineering student against six guys, these
arrests, the largest under section 377, were made. The police, who have been tight-lipped
about the method they used to apprehend the 13, allegedly pressured some of these guys into
naming the others in order to charge them with engaging in "unnatural sex." "The police have
demonstrated their insensitivity to the LGBT community on several occasions. "They put
Pinki Pramanik, who identifies as female, in a prison cell among male convicts," says LGBT
activist Rituparna Bora, who is a member of the Pride Committee, the group that organises
the Delhi Queer Pride Parade.

“It is also very difficult for a queer person to report partner assault to the police. Mostly, they
are turned away, or worse, threatened with section 377. Usually it is not applied. You don’t
need to be gay to be able to rape a man. There have been so many reports of sexual violence
from the police too. There are also ‘corrective rapes’ on lesbian women and transgender
individuals, or ‘electric shock therapy’ on gay men. Without a legal support system, who do
you turn to?” asks activist Manak Matiyani, who is also part of the Pride Committee.

Various forms of coercion have long been known to be used by the families of some
members of the community.“There have been so many cases when people had to run away
from their families for fear of intimidation. I had, myself, provided shelter to a runaway
friend not long ago. There is also intimidation through silence where families cut off
economic support and lock people up,” adds Matiyani.

“Families are a huge trouble spot. We grow up learning only of one type of family -- a
hetero-patriarchal family. There is no deconstruction of different types of families,” rues
Bora.
LEGISLATIONS FOR THE LGBTQIA COMMUNITY IN INDIA

On 24 August 2017, India's Supreme Court gave the country's LGBT community the
freedom to safely express their sexual orientation. Therefore, an individual's sexual
orientation is protected under the country's Right to Privacy law.However, the Supreme Court
did not directly overturn any laws criminalizing same-sex relationships.Consensual gay sex
was legalised by India's Supreme Court,on 6th September 2018.

The United Nations has encouraged India to decriminalise homosexuality, asserting that
doing so will aid in the battle against HIV/AIDS by permitting intervention programs similar
to those that have proven successful in China and Brazil. According to Jeffrey O'Malley, the
head of the United Nations Development Programme (UNDP) on HIV/AIDS, nations that
protect men who have sex with men (MSM) have a 60 percent coverage rate of HIV
preventive programmes. [49] Inappropriate criminalization, he claims, obstructs universal
access to HIV, health, and social services. [50] Later, in an interview with The Hindu in
November 2008, he expressed worry that the then-in-power United Progressive Alliance
government would be in a difficult position to reform Section 377 of the Indian Penal Code
since any changes may be misconstrued in the impending elections. He also emphasised the
importance of changing the laws and sensitising the police and judges.He claims that if
discriminatory laws are repealed, marginalised people would have greater access to treatment
and preventative services such as condoms. He emphasised the importance of the situation,
saying that while India had stopped the spread of AIDS through commercial sex workers,
transmission through homosexual sex and injectable drug users remained a source of concern
in the country.

THE KOCHI METRO

For members of the transgender community and Kerala's famed women's self-help group
Kudumbasree, the Kochi Metro has been a train to success.
Kudumbasree was awarded a three-year contract to supply employees to operate and repair
Kochi Metro stations in early 2017. Six hundred and eighty people, including 14 transgender
(TG) people, are stationed at 16 metro stations and a coach depot in Aluva.

Although many Transgender members are still rejected by their families, the 17-month-old
Metro system provided a perfect platform for mainstreaming them, allowing them to take up
professions with visibility.
The 618 personnel were selected from among over 40,000 women and transgenders who
appeared for a written test.

Those who had completed 10th std were posted on housekeeping duty, while graduates were
posted at ticket counters.

The credit for recruiting 23 members of the community in June 2017 goes to Kochi Metro
Rail Limited (KMRL), said to be the first government-owned company in India to formally
appoint them.
However, three years down the line, most of the 23-member group have quit owing to
various reasons, including lack of viable accommodation facilities in Kochi and low
salary.KMRL has signed a three-year contract with Kudumbashree to ensure jobs for women
and transgenders. The transgenders were appointed in several departments ranging from
ticketing to housekeeping.

They are now receiving Rs.14,000 every month in cash. A significant portion of this is spent
on, leaving us with just enough. However, because the contract is being renewed this
year(2022), They are hoping for greater income.
THE DEATH OF TRANSGENDER ACTIVIST ANANNYAH KUMARI
ALEX:A CASE OF SEVERE MEDICAL NEGLIGENCE.

Transgender activist Anannyah Kumari Alex kerala’s first Transwoman Radio Jockey had
undergone a Sex Re-assignment Surgery from Renai Medicity,a private hospital at
Kalamassery,Kerala, almost one year before the death and also has reportedly had severe
complications as a result of the surgery.She was found hanging at her appartment and the
police had registered a case for unnatural death inferring it to be case of suicide.

Shortly after the surgery, the victim developed intestinal obstruction, a known SRS
complication, and a procedure was done to address it. She was subjected to the surgery after
weeks-long counselling about potential complications and securing her consent letter.

She was satisfied about the treatment at the time of discharge and complained only 6-7
months later about the surgically implanted body parts and some urinal problems. Another
surgical intervention was recommended to correct those issues and she was convinced of
such follow-up treatment.

Later, she, however, complained of medical negligence and sought a huge compensation.
However, a medical board looking into the issue on her own demand ruled out any medical
negligence, the statement said.

“The hospital management was willing to part with her medical documents to help her seek
legal recourse. The management was also willing to help with her follow-up treatment
considering her financial state but declined her other not legally-binding demands,” claimed
the hospital.
The hospital issued a statement absolving its team led by doctors Arjun Asokan, who
performed the surgery on the victim, and Madhu of the Renai Centre for Comprehensive
Transgender Health, of any medical negligence.
A STRING OF ATTACKS AGAINST THE COMMUNITY.

Kerala's transgender community is living in fear. Ten allegedly transphobic attacks, including
a murder, have been reported in the state in the seven months since July, according to
transgender rights activists. Despite Kerala becoming the first Indian state to introduce a
State Policy on Transgenders in 2015, which promises a just society for the group with equal
rights, as well as Transgender Justice Boards at the state and district levels, the situation
persists.

Transgender people are those whose gender identities do not match the sex they were born
with, and the persecution they suffer is known as transphobia.

In the latest incident in Kerala on Sunday, a group of men attacked three trans women in
Malappuram district.The assailants reportedly locked them up in a room without ventilation
for 30 minutes and threatened to kill them. When the victims went to the police station to
register a complaint, the men marched to the station as well shouting slogans against them.
The police said they were investigating the incident.

In another big scare for the community in Kerala, 35-year-old transgender person Gowri was
murdered in Ernakulam district in August. The police have arrested a suspect, Thrissur
resident Abhilash Kumar, in this case.

These incidents have led many to dismiss the Kerala government’s claims of the state being
transgender-friendly.

The transgender community in the state also accuses the police of targeting them and framing
them under false charges. They point to the arrest of four trans women from a lodge in Kochi
on January 4 as part of a prostitution ring.
Transgender rights activist Plinku Sangeeth was quoted by The Hindu as saying that the
police do not want any transgender people in the city and have been targeting them for a long
time. She claimed a transgender person who lived in the lodge and had just returned from
work was threatened with arrest by the policemen. “They told Theertha, a Kochi Metro
employee, that she was being spared for the time being,” she said.

Referring to the arrests on January 4, trans activist Vihaan Peethambar said, “A majority in
Kerala Police hate transgender people and it results in conflicts and cases.”

Human rights activist and lawyer Maya Krishnan added, “Police try to drive them away from
cities and falsely implicate them in fake cases. It is a grave human rights issue. Remember,
they too deserve this piece of land.”

However, Circle Inspector Ananthlal said the police had merely acted on complaints. He
added, “Transgender people have become a public nuisance and their presence threatens to
create a law and order issue. We will continue to act tough if they disrupt normal life.”

Activists say government’s transgender policy will only work if the police and public are
sensitised.Transgender rights activists believe these crimes boil down to a fear of trans
people, which remains despite the government’s transgender policy.

The 2015 policy states that it supports the attainment of a just society where men, women
and transgender people have equal rights to development opportunities, resources and
benefits; the right to live with dignity and enjoy a life free from all forms of violence; the
right to freedom of expression in all matters that affect them, and the right to an equal voice
and participation in key development decisions that shape their lives, their communities and
the state.
Peethambar, who is a member of the Ernakulam district Transgender Justice Board, believes
such government programmes to guide gender minorities into the mainstream will not make
much of a difference unless the public and the police are first sensitised.Promising to address
this issue, Department of Social Justice director PB Nooh said, “The department has
understood the need to sensitise police department.”

CONCLUSION.
With proper education and sensitization of police ,authorities and public we can create a safe
space for the LGBTQIA+ Community and help them foster their individual selves and
become greatly involved in the social ,political ,economic,cultural ,educational,occupational
aspects .Future generations has to educated to have an integrated society without
discriminations against the LGBTQ+ Community and also on the basis of
race,religion,colour,language,origin ,sex etc.
ACKNOWLEDGMENT.
would like to express my deepest gratitude to my advisor and mentor, Prof. Dr. Rajasree,
Political Science faculty in charge, The National University of Advanced Legal Studies,
whose guidance and encouragement I will never forget. Rajasree Ma'am has been a constant
support and inspiration throughout the research process and an actual role model. It would
not have been possible without Ma'am, whose guidance has enriched my subject knowledge
and understanding of the topic. I thank her from the bottom of my heart for the outstanding
experience she arranged for the research paper and for helping me grow academically.
I would like to thank The University for giving me the opportunity to expertise in research
and develop myself to compete in the area. Further, I would like to thank my parents, whose
constant love and support kept me motivated throughout the research process, and for
trusting me.
Last but not least, I would like to thank my friends and classmates for being there for me in
every minute detail throughout the process and guiding me through the hindrances and each
of you who had me in my prayers, without them, this would not have been possible.
I will forever be grateful to each one of you for giving me unconditional love and support in
the process of drafting the research paper
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