Process for Gender and Name Change in Gazette without Surgery

This document is based on the experiences in Delhi Gazette office. The best thing is that anyone can do it without help from any organisations or lawyers.

  • Two printed copies of a Self-Declaration in print. (Please type it). The format is here. The Delhi Gazette office gave us this format.
SELF DECLARATION FOR CHANGE OF NAME/GENDER
PUBLIC NOTICE
  1. I…………………….Daughter/Son/Transgender of ……………………..residing at …………….. hereby undertake that I, ………………………..want to change my name to ……………………and gender as Male/Female
  1. I, ………………..henceforth be known as ………………….S/O or D/O of ……………………..
  2. The above statement made by me is true and correct to the best of my knowledge and belief. If any legal issue arises in this regard at any stage I will be responsible for the same and, The Department of Publication will not be liable for any consequences arising therefrom.
Name and Signature
(Previous name)
Witness No. 1
Full Name:___________________________________         Signature:___________________
Address:____________________________________________________________________
Phone no./Mobile no. _________________________________________________________
Witness No. 2
Full Name:___________________________________         Signature:___________________
Address:____________________________________________________________________
Phone no./Mobile no. _________________________________________________________

 

  • Advertisement in one National Newspaper. Here is the format

 

PUBLIC NOTICE
It is for general information that I was previously known as………….., D/O of………………, R/O, ……………….and after undergoing Gender Transition therapy under the supervision of registered medical practitioner in Delhi, have changed my gender as male. I henceforth be known as…………….., S/O……………., R/O, . It is certified that I have complied with other legal requirements in the connection.

For the newspaper advertisement, many newspapers like Hindu asks for SRS certificate. There is a newspaper called Sikh Times and they charge just Rs.1500 for the advertisement.  They just need the GID letter.

  • The Self Declaration without witness signature in 2007 word format copied in a CD
  • There is a CD form which you will receive at the Gazette office.
  • GID letter or Gender Dysphoria letter from the Psychiatrist. It can be in any format.
  • Two recent passport Size photos
  • NALSA judgement
  • A photocopy of your Aadhar Card

 

The fee for Gender and Name change is Rs. 1400 which you need to pay in cash. The public notice will be published in the gazette notification after 2-3 weeks on a Saturday.

For more information, you can visit the Gazette office. The staff is helpful.

 

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Terminology Related to Gender and Sexuality

Note: We at Nazariya have tried our best in this document to carefully research and present to you definitions of terms related to gender and sexuality.These definitions are just suggestive pointers to understand gender and sexuality terms. It is difficult to capture the essence of identities in a few sentences. The definitions may vary from place to place or individual to individual since we all have our unique ways of defining ourselves which should be respected.

This list does not claim to be comprehensive but we hope you will build on this list and continue to reflect on your beliefs and attitudes about people with diverse gender identities and sexual orientation.

Term Definition
 

Asexual

A person who does not desire sexual activity, either within or outside of a relationship.

Asexuality should not be confused with celibacy i.e. the conscious decision to not act on sexual feelings, usually due to religious reasons. While asexual people are physically non-sexual-type folks, they are nonetheless quite capable of loving, showing affection, and establishing romantic ties with other people.

 

Bisexual

 

A person who can have sexual and/or romantic attractions towards those of their own gender as well as those of other genders.

There is a myth that bisexual people are promiscuous or indecisive. But being attracted to multiple genders does not imply being attracted to more than one person at a time. A person may be monogamous (engaging with one person) or polyamorous (engaging consensually in multiple relationships) regardless of their sexual orientation.

 

Butch

 

Butch is a term used to describe a woman who presents her appearance and other behaviour in a traditionally masculine way.

 

Cisgender

 

A cisgender (often abbreviated to cis) person is the one who has a match between the gender they were assigned at birth, their bodies, and their gender identity. In other words, those who have a gender identity or perform a gender role that society considers appropriate for their sex. It is a complement to the term ‘transgender’.

 

Closeted

 

A gay, lesbian, bisexual, or transgender person who does not disclose their gender identity or sexual orientation to people around them. They often do so for fear of persecution, rejection, and/or negative reactions from others.

There are some people who may remain closeted or may not want to ‘come out’ because they do not see a point in disclosing their gender identity or sexual orientation.

 

Femme

 

A traditionally feminine-appearing and -behaving woman. Mainly used to refer to a feminine lesbian or bisexual woman.

 

Gay

 

A person who identifies as a man and is sexually and/or romantically attracted to others who identify as men.
This term can also be used to describe any person (man or woman) who experiences sexual and/or romantic attraction to people of the same gender.

 

Gender

 

Refers to the attitudes, feelings, and behaviours that a given culture associates with a person’s biological sex.

Behaviour that is compatible with cultural expectations is referred to as gender-normative; behaviours that are viewed as incompatible with these expectations constitute gender non-conformity.

 

Gender expression

 

The ways in which we present ourselves to the outside world. This can be in terms of our behaviour, clothing, hairstyle, or voice. This manifestation or expression may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. There is no wrong or right way to present yourself.

 

Heterosexual

 

An individual who is sexually and/or romantically attracted to people of a sex other than their own.

 

Homosexual

 

An individual who is sexually attracted to people of the same gender as their own.

 

Intersex variations

Human bodies have many variations, and these could be at multiple levels – reproductive, hormonal, physical, etc.

Intersex variations are congenital differences in reproductive parts and/or secondary sexual characteristics, and/or variations invisible to the eye such as chromosomal and/or hormonal differences.

Since human bodies are so diverse, there is no absolute standard of a ‘normal’ male or female body.

 

Lesbian

 

A person who identifies as a woman and is sexually and/or romantically attracted to other women who identify as women.

 

Queer

 

It is an umbrella term for people who have diverse sexual and gender identities.

 

Sexuality

Sexuality is a central aspect of being human throughout life, and encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy, and reproduction. Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes, values, behaviours, practices, roles, and relationships. While sexuality can include all of these dimensions, not all of them are always experienced or expressed. Sexuality is influenced by the interaction of biological, psychological, social, economic, political, cultural, ethical, legal, historical, religious, and spiritual factors.
 

Trans*

 

This term refers to all persons whose sense of their gender does not match the gender assigned to them at birth. The star/asterisk in ‘trans*’refers to all non-cisgender gender identities. These will include transwomen, transmen, gender non-conforming, genderqueer, gender non-binary, etc.

 

Transman

 

 

 

 

A transman is a transgender person who was assigned gender female at birth but whose gender identity is that of a man.

Some transmen may choose to undergo surgical or hormonal transition, or both, to alter their appearance in a way that aligns with their gender identity more appropriately. And some transmen may choose not to undergo surgical or hormonal transition.

 

Transwoman

 

A transwoman is a transgender person who was assigned gender male at birth but whose gender identity is that of a woman.

Some transwomen may choose to undergo sex or gender reassignment surgery to alter their appearance in a way that aligns with the gender identity they identify with more appropriately. And some transwomen may choose not to undergo sex or gender reassignment surgery.

Adapted from:

  • Breaking the Binary (2013), LABIA
  • Basics and Beyond (2006), TARSHI
  • Key Terms and Concepts in Understanding Gender Diversity and Sexual Orientation Among Students, American Psychological Association
  • Glossary of Terms, Human Rights Commission
  • Gender and Human Rights, WHO
  • LGBT Terms and Definitions, International Spectrum, University of Michigan
  • LGBTIQ Terminology, LGBT Center, University of California, Los Angeles
  • Queertionary – A Guide to LGBT Terminology, Lesbian, Gay, Bisexual, Transgender Center, Baker University Center, University of Ohio

Myths and Facts about LGBT People

A note: Our attempt is to present to you myths and facts about and around LGBT people. Not only will this document help demystify myths we tend to gather about LGBT people and counter them with facts, it will also help readers reflect on the tendency to create myths about any practice that goes beyond what is considered normal.

This list does not claim to be comprehensive. We hope you will build on this list and continue to reflect on beliefs, practices, and attitudes.

*

Myth: LGBT persons are mentally ill.

Fact: The Diagnostic and Statistical Manual (DSM) of Mental Disorders brought out by the American Psychiatric Association is considered a universal authority for psychiatric diagnoses. In 1973, they removed homosexuality from its list of mental disorders and declared that homosexuality is as healthy as heterosexuality.

The World Health Organisation’s ICD-9 (International Statistical Classification of Diseases and Related Health Problems) had also listed homosexuality as a mental illness in 1977, but it was removed from the ICD-10, endorsed by the Forty-Third World Health Assembly in 1990.

However, LGBT people, along with people who have diverse gender identities and sexual orientation or whose behaviours that are not considered normal, can become maladjusted when they are treated with hostility.

 

Myth: Being LGBT is unnatural and abnormal.

Fact: This myth is pinned on the belief that all sexual relationships are formed for the procreation of children. The fact is that while there are heterosexual couples who decide to have children, there are many who do not choose to do so, and instead choose to engage in sexual activities that do not lead to procreation. There are also some couples who, for some reason, cannot have biological children.

Moreover, we need to question what we consider natural and unnatural. Are the cars we drive or the air conditioners we use natural?

There is no fixed definition of normal. What one person considers perfectly normal might be found to be extremely abnormal in another city, culture, country, by a different group of people, or in a different era. For instance, 50 years ago, girls pursuing higher education was not considered entirely normal in many cultures, but in 2017 it is perfectly normal for girls to be high school graduates or even be a PhD.

Myth: Men who act in a feminine manner must be gay. Masculine women with short haircuts and deep voices must be lesbians. Transmen are secretly lesbians, and transwomen are actually gay men.

Fact: These stereotypes confuse the concept of sexual orientation (whether you prefer the same or another sex as sexual partners) with gender roles (exhibiting masculine or feminine behaviour). There are many homosexual men who are masculine, and many homosexual women who are feminine. Besides, some heterosexual men have feminine traits, and some heterosexual women have masculine traits.

Transmen are people who were assigned the female gender at their birth but their gender identity and expression is that of men. They prefer to be addressed as men, and this is because they are men. As for their sexual orientation, they may like women or they may like men. Similarly, transwomen are people who were assigned male at birth but their gender identity and expression is that of women. They prefer to be addressed as women because they are women. And they may be attracted to men or women.

 

Myth: It is very easy to spot LGBT people. They flaunt their sexuality when they talk about their partner, hold hands, or kiss one another in public (especially gay men). You can always tell homosexuals by the way they look or act.

Fact: Human beings come in all shapes and sizes and have diverse preferences. There is no easy way to determine who likes whom or what. For instance, we can find out about someone’s food preferences or taste in films only by their choosing to share that information. Similarly, there is no accurate way to find out someone’s sexual orientation or sexual desires except for when they share with us about it.

However, because of homophobia, not many lesbian, bisexual, or gay people come out about their sexual orientations in the open. Besides, some who are not LGBT might also choose to look or act in ways that are not considered normal.

 

Myth: LGBT persons are promiscuous.

Fact: Same-sex desiring persons or those who deviate from sexual and gender norms are neither more nor less sexually promiscuous (engaging with multiple partners) than those who do not. Like heterosexual people, many LGBT people are involved in monogamous relationships and are committed to each other. Some LGBT people may also choose to remain celibate or might be asexual, and others may have multiple partners. This is similar to heterosexual people whose sexual life and preferences we cannot know about till they tell us.

 

Myth: Bisexual people have multiple partners.

Fact: By definition, bisexual individuals have romantic and/or sexual feelings towards persons of another gender as well as towards persons of the same gender as them. This does not automatically imply involvement with more than one partner at a time any more than a heterosexual person’s ability to be attracted to more than one person automatically implies multiple partners.

 

Myth: If a friend tells you they are LGBT, then that friend is coming on to you/hitting on you.

Fact: When friends or someone who trusts you ‘comes out’ (reveals their sexual orientation, or gender identity in case of trans people) to you, they are essentially inviting you to know them better. If an LGBT person chooses to come out to you, that person has decided to share a part of their identity with you. Such a disclosure only means that this friend trusts you.


Myth: Having LGBT people in your friend circle or workplace will make you LGBT.

Fact: Liking or loving someone is not contagious. Spending time with people who are LGBT does not make you LGBT any more than liking someone who is left-handed or is tall or short.


Myth: Early sexual experiences are indicative of one’s sexual orientation as an adult, and LGBT people are abused in their childhood.

Fact: Many lesbian, gay, and bisexual people in pursuit of their sexual orientation may have heterosexual experiences, similar to many heterosexual people who may have homosexual experiences. Sexual activity per se does not make you lesbian, bisexual, or gay. Feeling comfortable with and identifying with that sexual activity, identity, or orientation may determine it.


Myth: We know what causes homosexuality and transgender identity, and working on that can reverse these.

Fact: Many LGBT people may know that they are attracted to members of their own gender, or that they identify as another gender, at an early age. Sometimes they may know when they are older, or when they are much, much older and well into their lives. There is no appropriate/right age to start identifying as LGBT.

There are various studies, research, and opinions to determine what causes someone to be homosexual or identify as a gender other than what they were assigned at birth but these are all possibilities. There is no definitive theory or text that can tell us what causes particular orientations or makes your gender identity.


Myth: Gay men hate women and lesbian women hate men.

Fact: Gay men and lesbians, like heterosexual people, have friends and acquaintances who vary in gender identity and sexual orientation. Like anyone else, lesbian and gay people have personal preferences concerning those individuals they like to be around and choose as friends, and most people prefer being together in groups and communities with others who share their own values and identities. Preferring to have certain types of people as friends, or to have a romantic attraction to a particular type of person does not mean that one hates or dislikes those who are outside that circle. In other words, if you really like rice, it does not mean that you dislike or hate chapatis!

 

Myth: In a same-sex relationship, one partner (usually the one who is more masculine) plays the role of the husband and the other (more feminine) partner plays the role of the wife.

Fact: Within the heterosexual community, there are all types of relationships, and people perform all kinds of domestic/romantic/sexual roles in a relationship. This is true in same-sex relationships as well.

Some people, both heterosexual and homosexual, perform roles that are commonly associated with their gender identity, and it could take precedence over what they may actually prefer doing. There are, however, many couples and people of all sexual orientations and gender identities who believe that people should have the freedom to live roles or do things they like doing rather than what’s associated with their gender identity.

 

Myth: Same-sex relationships/marriage will lead to polygamy, pedophilia, people wanting to marry their dogs, or the end of the world.

Fact: Homosexual relationships/marriages are no more likely to lead to such issues than heterosexual marriages. There is no logical link between same-sex relationships/marriage and pedophilia or polygamy. Marriage/people deciding to love or be with other people should be an association between consenting people (and not forced).

 

Myth: LGBT culture is a non-Indian, Western concept, and we must oppose it.

Fact:  There are several instances of sexual relationships mentioned in our own Indian culture – be it in old architecture or in literature. For instance, there are mentions of same-sex relationships in the Kama Sutra and in architecture like Khajuraho.

When we are accepting of Western or other cultures in certain aspects of our lives such as food, clothes, and language, it isn’t logical that when it comes to issues of beliefs and attitudes with regard to desire and sexuality we struggle in accepting other worldviews.

Here we should also note that Indian law is Western; i.e. the British introduced Section 377 (and related laws deeming homosexuality an unnaturaland punishable offence) in penal codes of their colonies such as India, Pakistan, and Sri Lanka in 1860.


Adapted from:

  • ‘Sexual Orientation Myths + Facts’, Lesbian Gay Bisexual Transgender Center at Case Western Reserve University
  • ‘Myths and Facts about the Lesbian, Gay, Bisexual, and Transgender (LGBT) Communities’, Arizona Coalition to End Sexual and Domestic Violence
  • ‘Chapter 4: Myths and Facts About Sexual Orientation and Gender Identity’, Lippincott Nursing Center
  • ‘Myth Busting: LGTB Myths & Facts at Positive Space’, Vancouver Island University
  • ‘Myths and Facts about Sexual Orientation’, University of Missouri – St. Louis
  • ‘Top 7 claims for why homosexuality is “unnatural” refuted’, Patheos

You can also refer to these sources for more information.

Nazariya Guidelines on LGBTQIA Reporting

While the LGBTQIA (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual) movement was largely underground during the 1980s and 1990s in India, the 2000s saw a very strong emergence of LGBTQIA voices, and reportage on these issues underwent a sea-change. However, alongside empathetic reporting and self-aware journalism, yellow press and tabloid-style coverage of these sensitive issues with serious ramifications has always dogged the media.

People with diverse gender identities and sexual orientation have the right to fair, accurate and inclusive reporting of their life stories and concerns. The following guidelines have been drawn up by journalists, editors and activists who identify as LGBTQIA and work on issues of sexuality and gender. These guidelines are intended for all media workers creating and handling editorial material on LGBTQIA issues:

  • Before any reporting of LGBTQIA people and issues, consider whether labels such as “gay”, “lesbian”, “bisexual”, or “transgender” are appropriate. If they are not necessary and relevant to the story, they must not be included. A person’s sexual orientation or gender identity status should only be mentioned if it is relevant to the story.
  • In the case that mentioning someone’s gender identity or sexual orientation is necessary, it is important to always ask rather than to assume someone’s gender identity or sexual orientation.
  • If gender identity is not clarified, it’s best to stick to neutral terms like “them” instead of “he” or “she”.
  • It is dangerous to pick up photographs from people’s social media accounts if they identify as LGBTQIA. They might not feel safe about their gender expression or sexual identity being published.
  • Always ask for permission before disclosing the names, photographs, home or work addresses of those who identify as LGBTQIA in any form of publication.
  • Before photographs of people who identify as LGBTQIA are printed, they must be double-checked to ensure that those whose photos are being published are aware of it. Not many LGBTQIA people are ‘out’ about their sexual orientation and/or gender identity. And even those who are ‘out’ only feel safe about it in certain contexts.
  • It is not ethical to take people into confidence in order to use their private details (i.e. to ’pull a Capote’).
  • LGBTQIA people often have complicated if not troubled relationships with their families, and must not be pressured into introducing journalists to them.
  • Note that the term “alleged” should not be used when describing LGBTQIA identities and relationships (such as “alleged transgender person”, or “alleged relationship”), which are all as real and valid as any other.
  • It’s important to build a network of members of the LGBTQIA community. Many journalists tend to return to the same people time and again for quotes. This limits journalists’ access to the diversity of the LGBTQIA community, and also limits the voice of the community in representing themselves.
  • Use umbrella terms like “LGBTQ” or “LGBTQIA” rather than “LGBT” or “the gay community” which are not inclusive terms; “trans” rather than “transgender” or “transsexual” or “hijra” or “kothi”, etc.
  • Avoid headlines like, “Let the Gays Marry”. This is a sweeping statement and limits gender identity to one identity (i.e. gay), whereas gender is really a spectrum that enjoys many expressions. (For instance, LGBTQIA.) Try and be as inclusive as possible while giving headlines and captions. It should be made possible to come up with a catchy headline that is also politically correct.
  • If you are a beat reporter, insist on seeing a playback of your story to ensure that the desk editor has not slipped in some politically incorrect statements.
  • “She Was Not Ashamed of Her Lesbianism”: Avoid such headlines since calling something an ‘ism’ reduces it to a fad or trend rather than an identity.
  • Do not mix up transgender with transexual. While the former refers to gender identity, the latter focuses only on sex change. Many trans-identified individuals do not undergo gender reassignment surgery.
  • “Transgendered” is a wrong usage of trans identity since it is reductive and consigns gender to the past tense.
  • “He was a She”: One does not always have to focus on a transgender individual’s previous gender identity, their process or transitioning operations. Too often, it reduces and ridicules the trans experience and their struggle to live a life free of prejudices.
  • Care should be taken to be sensitive; just as one would not report about a cancer survivor’s breast implants or silicone breasts, it is equally demeaning and insensitive to speak of the trans body just in terms of pre-op and post-op and focus only on genitals. It’s important to let the trans individual decide what they want to share.
  • When talking about women’s issues, ask if it pertains to trans women or to people assigned female at birth.
  • Make sure you consider the class, caste, religion, ethnicity, and other social markers. These also affect gender and sexuality.
  • If you are doing a story about a certain community, ensure sure you have voices from that community as quotes, reading material, artwork, featured images, etc.
  • Try as much as possible to bring diversity into your writing. It’s good to consider questions like, say, whether you can include the perspective of a minority group.
  • Avoid ‘saviourism’: persons from marginalised communities must not be treated as victims, as it further disempowers them. Avoid ‘top-down’ statements with a “we must save them” tone.
  • Look for stories on the LGBTQIA community that does not focus on their identities as ‘victims’. To increase the visibility of LGBTQIA people, look at queer people in business, in art, activists, scientists, sports persons.
  • Ensure to put the onus where it belongs—identify the person/group with the most power/privilege, and ask what they can do to change the situation: How can heterosexual people change things? How can cisgender people change? What should upper class/uppercaste queer people do? What should English-speaking queer people do?

Download a copy of the guidelines: Nazariya Guldelines on LGBTQIA Reporting


 

About

Nazariya was formed in October 2014 by a group of queer feminist activists. Located in Delhi/NCR with a South Asian presence, Nazariya was started to sensitize the work and culture of groups and individuals that are working on issues of gender based violence, livelihoods, education and health from a LBT perspective through research & evaluations, capacity building and advocacy. We believe that queer perspective with a focus on LBT issues will help build linkages between issues of people margnalised the basis of gender and sexuality with the existing work on violence, livelihoods, education, health etc. and thereby impact the discourse on pleasure, desire, rights and entitlements.

Nazariya’s mission:

Nazariya is a queer feminist organization that believes all LBT* people have the innate capacity to understand, demand; and access their rights. The organization works towards affirming the rights of queer people (LBT) by making visible their lives and creating an enabling environment where queer lived realities is a non negotiable and informs the work and discourse of organizations and institutions.

Why LBT ?:

Nazariya works with a special focus on issues and concerns of Lesbian Bisexual Women and Trans*[1](LBT) people assigned female at birth. Lesbian Bisexual and trans* people assigned female at birth (LBTFAB)[2] face double marginalization because of their sexual orientation and their gender assigned to them at birth which is female.

For Nazariya, gender is beyond the binary of man and woman. It recognizes gender as a structure, which has different norms for people assigned female and male at birth. Nazariya consciously challenges the binary framework in its work, vision and agenda. Nazariya will ensure that this understanding of gender permeates into organisations working on gender in different capacities. Its understanding on sexuality also moves beyond violence and identities. For Nazariya, sexuality is a lens, which will help analyse institutions, issues and structures and thereby address issues of margnalisation and inclusivity in a holistic manner. 

We also conduct researches, trainings and reviews on demand.

[1] Trans* is an umbrella term for transgender people, gender queer people or people who do not confirm to notions of gender assigned to them at birth.

[2] Nazariya uses the term T*FAB because it’s a broad category of people who were assigned female gender at birth. A term like trans masculine excludes people who are genderqueer and people who do not want to exclude the feminine aspect of their identity.

 

Remarkable Judgement by Supreme Court reaffirming the rights of a trans person, Shivy

In the wake of a controversial case of illegal confinement of an adult transperson and withholding of his travel and identity documents by his family, Hon’ble Justice Siddarth Mridul of the Delhi High Court has passed a judgement withholding the rights of Shivy as a transgender in Shivani Bhat v State of NCT of Delhi and Ors on the 5th of October, 2015.

19-year-old transgender person Shivy, a citizen of India but a resident of the United States of America was illegally confined in his grandparents’ home in Agra when he came with his parents to visit them in the summer. While he was a victim of domestic abuse by his family even in his California home, on this visit to India his passport and green card were confiscated by his family and he was forced to remain in Agra under their control. Even under this duress, Shivy managed to contact queer feminist resource group Nazariya and other queer rights activists and request their help to come to a safe space in New Delhi.

Despite leaving a note informing his family that he was leaving of his own free will, his parents filed a missing person’s complaint with UP Police with the support of Delhi police, harassed, surveilled and threatened the activists who helped Shivy. Subsequently lawyers Menaka Guruswamy and Arundhati Katju, Shivy and the LGBT activists moved the Delhi High Court on September 22 seeking protection for Shivy, his friends and well wishers from harassment, intimidation and coercion, and to ask for the return of his passport and green card from his family.

In an outstanding judgment on the case dated 5th October, 2015, Hon’ble Justice Siddarth Mridul “The present petition highlights and brings to the fore the socio-economic marginalization and exclusion of those whose behavior is considered “inappropriate” by society. It clearly demonstrates that those who do not conform, render themselves vulnerable to harassment and violence not just by the Police but also by society that ridicules them. Transgenders have long lived on the fringes of society, often in poverty, ostracized severely, because of their gender identity. They have for too long had to endure public ridicule and humiliation; have been socially marginalized and excluded from society, their basic human rights have been severely denuded.

The judgement reads, “Despite the decision of the Hon’ble Supreme course in National Legal Services Authority v. Union of India and Ors: (2014) 5 SCC 438, the trauma, agony and pain, which members of the transgender community have to undergo continues unabated.

It further says, “Every human being has certain inalienable rights. This is a doctrine that is firmly enshrined in our constitution. Gender identity and Sexual orientation are fundamental to the right of self-determination, dignity and freedom of individuals. A transgender’s sense or experience of gender is integral to their core personality and sense of being. Insofar as, I understand the law, everyone has a fundamental right to be recognized in their chosen gender. This view is buttressed by the landmark decision of the Supreme Court in National Legal Services Authority (supra)”

Upholding the rights of transgender persons, the judgement also says, “There is, thus, no gainsaying the fact that transgenders enjoy basic human rights including protection from violence and discrimination. They have the right to dignity and self-determination.”

The judgement also mentioned the false FIR lodged against Unknown persons supporting and helping Shivy in the time of help. Mr. Avi Singh, Additional Standing Counsel (Crl.) assured the court that Delhi Police does not intend to take coercive steps either against Shivani or against those who offered to support her.

Despite being served notice, there was no representative from respondent No. 2 the State of Uttar Pradesh but the court has issued a direction to respondent No. 2 not to harass or illegally confine anybody from within the territorial jurisdiction of this court except in accordance with the procedure established by law.

Shivy says that he is happy with the judgement and he can continue with his life and studies in the US now.

Rituparna Borah from Nazariya says, “I am elated with the judgement as it upholds individual freedom and liberty of gender identity and sexual expression. Hope this judgement helps other people who are still struggling and facing custodial violence from family.”

Lesley Esteves, a queer rights activist who was part of Shivy’s support network, said that “I would be proud to have a son like Shivy, unlike his parents Laxminarayan Bhat and Seema Rani Bhat who abysmally failed to support him. Instead they illegally dispossessed him of his documents and confined him against his will because of their severe transphobia and utter disrespect for law. They knowingly filed a false complaint against us with UP Police alleging that he was kidnapped, despite receiving a letter from him that he was leaving of his own free will. Effectively, his abductors tried to charge others with kidnapping, in order to cut off his support system in India.  But the parents did not imagine that a court would step in to protect constitutional rights of Shivy and other queer people supporting him. They were firmly rebuked by the court today, when they were told by the judge that he would “end this bigotry today”. We are greatly encouraged by this judgment. The LGBTQIA movement will continue to fight for inalienable rights of transpersons when their families act criminally against them”.

Trans person Shivy’s case

September 22nd 2015 Delhi High Court interim order in Shivani Bhat v State of NCT of Delhi and ors – a positive step for rights of people marginalized on the basis of gender and sexuality

In a remarkable interim order on 22nd September, the Delhi High Court directed the Delhi Police to provide protection to 19-year-old Shivy and LGBTQ activists supporting him from the harassment, intimidation and coercion they are facing by his family, Uttar Pradesh Police and Delhi Police. Shivy is a trans person (who was assigned female at birth but identifies as male), Indian citizen and resident of the U.S., whose family, on learning of his gender identity and sexual orientation, tricked him into returning to India from the US where he has lived since age 3 years and currently studies, confiscated his passport and green card, and forced him to stay in his grandparents’ home in Agra against his will. The queer activists who on his request helped him escape were harassed, intimidated and illegally surveilled for days by his family, the Delhi and UP Police.

Quoting playwright and activist late Safdar Hashmi who had talked about how our expression is based on the experience that we have, Justice Siddharth Mridul commented on how it was that people are so quick to pass judgement on things they know little about, that may not be their own experience, like sexual orientation. He noted that this was nothing but bigotry, though this is supposed to be a tolerant country.

PRESS RELEASE

​New Delhi

25th September, 2015

In the wake of a controversial case of illegal confinement of an adult transperson and withholding of their travel and identity documents by his family, a press conference was held at the Indian Women’s Press Corps (IWPC) on 25th September, 2015 to highlight issues of transgender rights that have come up in Shivani Bhat v State of NCT of Delhi and others..

19-year-old transgender person Shivy, a citizen of India but a resident of the United States of America was illegally confined in his grandparents’ home in Agra when he came with his parents to visit them in the summer. While he was a victim of domestic abuse by his family even in his California home, on this visit to India his passport and green card were confiscated by his family and he was forced to remain in Agra under their control. Even under this duress, Shivy managed to contact queer feminist resource group Nazariya and other queer rights activists and request their help to come to a safe space in New Delhi.

Despite leaving a note informing his family that he was living of his own free will, his parents filed a missing person’s complaint with UP Police, who harassed, surveilled and threatened the activists who helped Shivy, illegally entered their homes without search warrants on September 21, and abused and threatened people in their homes and offices. The UP Police were enabled and supported by UP Crime Branch and Delhi Police. Subsequently lawyers Menaka Guruswamy and Arundhati Katju, Shivy and the LGBT activists moved the Delhi High Court on September 22 seeking protection for Shivy, his friends and well wishers from harassment, intimidation and coercion, and to ask for the return of his passport and green card from his family.

In a remarkable interim order, Delhi High Court judge Siddharth Mridul granted Shivy and LGBT activists’ protection from any harassment by the police. Quoting playwright and activist late Safdar Hashmi who had talked about how our expression is based on the experience that we have, Justice Siddharth Mridul commented on how it was that people are so quick to pass judgment on things they know little about, that may not be their own experience, like sexual orientation. He noted that this was nothing but bigotry, though this is supposed to be a tolerant country.

The court also issued notice to respondents Delhi police, UP police and his parents. Despite the order, the next day the UP police continued to harass and surveil the activists involved in the case.

The press conference uncovered both the facts of the case and the frequent occurences of such situations where adult LGBTQ people are deprived of the constitutionally sanctioned rights to life, liberty, freedom of movement and expression, to name a few, by families in collusion with state machinery.

Queer rights activist Lesley Esteves pointed out that this was not the first time he had been threatened and intimidated by families for responding to requests for support from transgender persons facing such violence from families, and that it was remarkable that families would send aggressive police machinery in pursuit of their children, while claiming to be concerned about them. He noted that the police action was nothing more than an attempt by the family to cut off Shivy’s support system in India through intimidation, and the false missing person complaint was a naked attempt to get him back in their control. He said that families can expect state machinery to support them because of deep rooted societal homophobia and transphobia which treats LGBTQ people as not entitled to equal rights. But the law was in fact on Shivy’s side and the interim order effectively prevented the continued abrogation of his constitutional rights.

It is important to note that besides the fundamental rights available to Shivy, his affirming constitutional rights and freedoms as a transgender person have been upheld by the Supreme Court in its landmark 2014 NALSA judgement.

WATCH MORE VIDEOS from Nazariya’s YouTube channel.

PRESS COVERAGE

  1. DNA: Transgender boy, Shivy, harassed, beaten by parents
    Delhi High Court grants police protection to 19-year-old US transgender
  2. India West: Transgender US College Student Trapped in India
  3. The Hans India: Delhi HC provides protection to NRI transgender rescued from Agra
  4. NYOOZ: Activists hail Delhi HC order on transgender
    UP cops harassing us for helping US transgender, allege LGBT activists
  5. The Indian Express: Activists hail Delhi HC order on transgender
     UP cops harassing us for helping US transgender, allege LGBT activists
  6. NDTV: Delhi High Court Provides Police Protection to NRI Transgender Rescued from Agra
  7. Bharat Press: My Family is No Safe Place for Me: Transgender NRI
  8. Deccan Herald: HC gives protection to NRI transgender ‘forcibly’ brought here
  9. Daijiworld: My Family is No Safe Place for Me: Transgender NRI
  10. Press Trust of India: HC gives protection to NRI transgender
  11. Business Standard: My Family is No Safe Place for Me: Transgender NRI
    HC gives protection to NRI transgender “forcibly” brought to India
  12. New Kerala: My Family is No Safe Place for Me: Transgender NRI
  13. CanIndia News: My Family is No Safe Place for Me: Transgender NRI
  14. Times of India: Delhi HC gives protection to NRI transgender “forcibly” brought to India
  15. India: HC gives protection to NRI transgender “forcibly” brought to India
  16. The Huffington Post: WATCH: 19-year-old Indian-Origin Transgender Man Needs Your Help
  17. ScoopWhoop: 19-Year-Old Forced To Stay In India By Parents Gets Help From Delhi HC
    ‘My Parents Abused Me Verbally & Physically’. Indian-American Transperson Opens Up About Harassment
  18. The Quint: Freedom from Gender, Freedom for Sexuality #MakeOutInIndia
    #MakeOutInIndia: NRI Trans Man Appeals Against His Parents
  19. iDiva: A Horrid Tale of a 19-Year-Old Trans Person Abused by Parents for Not Being a ‘Proper Girl’
  20. Youth ki Awaaz: Forced Into Becoming A Proper Girl By Parents, Trans Teen Shivy Escapes To Share Stpry
  21. Gayapolis: Transgender Man in India Get Court Protection from Abusive Parents
  22. Storypick: An Indian Transperson Talks About How His Parents Tried To Fix Him & It’s Distressing
  23. Yahoo News UK: Transgender man tricked by Indian parents secures police protection
  24. Livemint: ‘There is no reason why I should go through this’: a first-person account of a teenage trans-man
  25. PinkNews: Indian court protects trans man ‘forced into arranged marriage’ with another man
  26. FTC Publications: India court protects US transgender man
  27. BBC News: India court gives police protection to US transgender man

Towards a new Nazariya: Appeal for funds

Hello friends!

Nazariya is a young queer feminist resource group started by Purnima Gupta, Ritambhara Mehta, Rituparna Borah, and Suchi Kushwah in Delhi NCR. Our work focuses on issues and concerns of lesbian and bisexual women, and trans* people assigned female at birth (LBTFAB). LBTFAB people face marginalization because of both their sexual orientation and the female gender assigned to them at birth.

In India, work on LGBT issues is mainly in the sphere of HIV & AIDS, sexual and gender identities, and the law (Section 377, IPC). But there are many ways in which LBT people are excluded and marginalised that are not often recognised and dealt with in the existing work on violence, livelihoods, education, health, etc.:


  1. The non-inclusion of LBT people in gender-based violence/violence against women, health, education, and livelihoods intervention

  2. At the workspace: Very few organisations acknowledge that LBT people should be included in their workspace. Even with them, the work environment and their human resource policies are not queer-friendly

  3. Limited outreach: There are no support groups that work in small towns and rural areas

  4. Lack of an intersectionality approach: There is a need to start looking at sexual identities in relation to the multiple identities interplaying in social structure, such as that of class, caste, religion, ability, region, age, etc.


It is in this gap that Nazariya places its intervention, expanding existing LBT discourse and work into the realm of rights, entitlements, desire, pleasure…

                                                                                                                                                 


Nazariya believes all LBT people have the innate capacity to understand, demand, and access their rights. The organization works towards affirming the rights of LBT people by making their lives visible and creating an enabling environment where queer lived realities are non-negotiable and inform the work and discourse of organizations and institutions.
Queer lived realities pertain to acts, ideologies or ways of being which defy prevalent norms dictated and naturalised by the dominant patriarchal regime. Our perspective, therefore, is not only to include LBT people and politics in our realm of work, but also to include people and politics that face discrimination for existing in any way outside of privileged societal strictures. 

   

The locus of our intervention will be through:

  • Conducting workshops and training programmes with organisations working on violence, livelihood, health, and education to build perspective on LBT issues

  • Action research for direct interventions that benefit queer lives in urban and rural centres

  • Setting up an LBT resource centre/advocacy group/network/library focused on South Asia

  • Fellowships for LBT youth from marginalised communities and regions

Nazariya is in its first year, working on setting up a grounding. It’s a fact that queer initiatives in our country mostly receive funding only from outside India. However, Nazariya was registered in March 2014, and getting an FCRA permit to accept funds from outside the country won’t be possible for another three years. Till then, we’ll need to find funding resources solely from within India for our work.


In order to conduct our consultancies and workshops, engage with universities and communities, and build a research network, we need an organisational setup in place:

  • Our staff currently comprises two full-time and two part-time members, and we need to expand our team by a full-time programme staff and a consultant for operational development.

  • We don’t have an office space! We’re in need of a working space for the team, with modest requisite office resources: one desktop/laptop, Tally for accounts, stationery, kitchen setup, etc.


To make a donation, write to us on nazariya.qfrg@gmail.com or call us on +91-99999 77272 & +91-98182 00807. We consider no amount small. We’ll be glad to hear from you!

For more about us:

Facebook: Nazariya Qfrg | Twitter: @NazariyaQFRG

Our blog: nazariyaqfrg.wordpress.com


We are registered as Nazariya Foundation under sub-section (2) of section 7 of the Companies Act, 2013, and rule 8 of the Companies (Incorporation) Rules, 2014, and have received 12A and  80G certification. Nazariya has a bank account.

Thank you and warm regards,
The

Nazariya Team

Nomenclature: 
  • Trans* is an umbrella term for transgender people, genderqueer people, or people who do not conform to notions of gender assigned to them at birth. 
  • Nazariya uses the term T*FAB because it’s a broad category of people who were assigned female gender at birth. A term like ‘trans masculine’ excludes people who are genderqueer and people who do not want to exclude the feminine aspect of their identity.

Launch of Nazariya with a film show “Our Marriages” and a Panel discussion

May 2nd 2015 4 Panel Discussion

Nazariya launched itself with a film called, Our Marriages. Our marriages- When Lesbians Marry gay Men (China, 2013) is a film directed  Dr. He Xiaopei (Executive Director, Pink Space Sexuality – China) the film follows the negotiations, the weddings, and the lives of four lesbians for two years in a big city in the North East of China, documenting their maneuvers and problems. The film raises questions and reflections with regard to the institution of marriage and homosexual life in contemporary Chinese society.

After the launch, there was a panel discussion on Marriage. The panelists were Dr. He He Xiaopei, Dr. Nivedita Menon and Jaya Sharma. The panel was moderated by Rituparna Borah from Nazariya