Over the last decade, India has seen two favourable Supreme Court verdicts around transgender rights (2014) and decriminalisation of homosexuality (2018), and an Act of Parliament (Act 2019, 2020 Rules) for protection of transgender persons. Despite these progressive changes, implementation of the above judicial and legislative developments on the ground remains a challenge. This is largely because of the slow pace of change, persistent stigma attitudes surrounding gender and sexual minorities, and the dominance of public morality over constitutional morality.
India-based non-profit organization Solidarity and Action Against The HIV Infection in India (SAATHII) and its LGBTQIA+ community partner groups – collectively, the Vistaara Coalition* – have been working at national and sub-national levels to increase access to stigma-free gender- and sexuality-affirming healthcare, education, and socio-legal protection. With multiple AmplifyChange Strengthening Grants and a Network Grant, SAATHII and the Vistaara Coalitions have continue to strengthen collective action to advance LGBTQIA+ rights and advocate for inclusion and non-discrimination in the domains of healthcare, education, legal and social protection, based on evidence gathered from the ground across the country.
SAATHII was established in 2002 to advocate for strengthening HIV care and treatment and decriminalisation of consensual adult same-gender relationships. Over the years their work has expanded in scope with the realisation that:
- Access to health is inextricably linked to other domains such as education, social protection and legal services, especially for communities marginalised due to their gender identity, sexuality and sex characteristics.
- For advocacy to be effective, affected communities need to sustain and lead it, focusing on issues prioritised by these communities.
To address these challenges, SAATHII have prioritised building community literacy on key aspects of inclusive health, education, and socio-legal protections. This includes creating awareness around national and subnational policies, as well as landmark verdicts from the Supreme and High Courts that directly affect LGBTQIA+ rights.
Evidence for Advocacy
In addition to empowering communities, SAATHII and the Vistaara Coalition have also worked to gather evidence to highlight the barriers and enablers to accessing healthcare, education, social welfare schemes, and legal aid. These case studies are central to advocacy efforts develop state-specific action plans based on the priorities identified by local communities.
SAATHII and Vistaara Coalition’s advocacy has led to a series of significant legal and policy victories. Some examples include:
- partnering with organisations like Nirangal to reopen trans healthcare clinics that were shut down during the COVID-19 pandemic.
- successful advocacy for the removal of surgery proof requirements for legal gender documentation in Tamil Nadu and the national level.
- collaboration with authorities to modify police rules in Tamil Nadu, ensuring penalties to address harassment faced by LGBTQIA+ individuals.
- reforming the National Medical Commission’s curriculum by advocating for the inclusion of queer and transgender-affirming content. While the reform remains a work in progress, our partial success has set a precedent for further advocacy. See an example here.
- the nationwide declaration of conversion therapy as professional misconduct, which began with bans in Tamil Nadu and Kerala. This was achieved through partnerships with organisations like Queerala, and ultimately led to a national precedent.
Their successes extend beyond legal reforms and court victories. SAATHII have trained members of the judiciary, police, and juvenile justice systems in states like Tamil Nadu, Manipur, and Delhi to improve their understanding of LGBTQIA+ issues. In Tamil Nadu, they established a WhatsApp group of pro bono lawyers in every district to respond swiftly to crisis situations faced by LGBTQIA+ individuals. In healthcare, sensitisation efforts have led to significant progress. For instance, medical faculty at a Delhi institution have begun providing affirming care for transgender individuals for the first time. This resulted in an increase in care uptake in Delhi and Odisha and stopped unethical physical examinations of transgender patients in Chennai.
Looking forward
While progress has been significant, there is still much to be done. Moving forward, SAATHII and the Vistaara Coalition aim to ensure the presence, capacity, and sustainability of at least one LGBTQIA+ community organization in each state of India. These organisations will serve as advocates for health, education, and socio-legal protections, while building networks for collective action and advocacy at both local and interstate levels. SAATHII and the Vistaaraa Coalition are committed to ensuring the inclusion of LGBTQIA+ individuals in national public health programs.
Project Vistaara is more than an initiative; it is a movement towards creating a society where LGBTQIA+ individuals are treated with dignity, respect, and equity. By addressing systemic barriers and empowering communities, SAATHII and the Vistaara Coalition are paving the way for a more inclusive and just India.
*The Vistaara Coalition currently includes groups such as ETA (Manipur), Nazariya Foundation (Delhi), Nirangal Charitable Trust (Tamil Nadu), Raahi (Karnataka), Samarth (Odisha), Sahayatrika (Kerala), STAR (Andhra Pradesh and Telangana), and Vikalp Women’s Group (Gujarat), supported by staff and consultants of SAATHII.
