Government of India Invites Public Input on LGBTQI+ Policies Amidst Progressive Measures

New Delhi: The Department of Social Justice and Empowerment (DoSJE) has called for public input to ensure that policies and initiatives concerning the LGBTQI+ community are both inclusive and effective. This initiative follows a series of actions by the Government of India aimed at safeguarding the rights and interests of the queer community.

The move comes on the heels of a landmark Supreme Court judgment dated October 17, 2023, in the case of Supriyo@Supriya vs. Union. The judgment mandated the Union Government to establish a committee, chaired by the Cabinet Secretary, to define and clarify the entitlements of the LGBTQI+ community.

In response, the Government of India, through a gazette notification on April 16, 2024, constituted a committee with the Cabinet Secretary as the Chairperson. The committee includes Secretaries from the Ministry of Home Affairs, Ministry of Women and Child Development, Ministry of Health and Family Welfare, and the Legislative Department, with the Secretary of DoSJE serving as the Member Convenor. The committee’s mandate is to examine and recommend measures that both Central and State Governments can implement to protect the queer community’s interests.

The committee convened its first meeting on May 21, 2024, where issues such as the issuance of ration cards, enabling joint bank accounts with partner nomination rights, and addressing harassment based on gender identity and sexual orientation were discussed. A sub-committee was established to delve deeper into these matters, particularly focusing on ration cards, bank accounts, prison visitation rights, and ensuring the community’s safety from violence and harassment.

The sub-committee, chaired by the Home Secretary, held its meeting on May 31, 2024. During this meeting, the members discussed discrimination faced by the queer community, especially regarding access to social welfare benefits, healthcare, and public services. Following these discussions, the Ministry of Home Affairs issued advisories to all states and Union Territories concerning prison visitation rights for the queer community and measures to prevent violence and harassment.

Further engagement with the LGBTQI+ community occurred on July 25, 2024, when the DoSJE organized a consultation involving representatives from the community, central ministries, and state governments. The feedback gathered during this consultation has been shared with relevant ministries and departments for further action.

The committee held its second meeting on August 22, 2024, under the leadership of the Cabinet Secretary, to review the progress made by various ministries and departments. The committee emphasized the need for immediate issuance of official memoranda and advisories concerning the queer community.

In response, the Government of India has taken several interim actions:

• The Department of Food and Public Distribution (D/oF&PD) has advised all States and Union Territories to treat partners in queer relationships as part of the same household for ration card purposes, ensuring non-discrimination in their issuance.
• The Department of Financial Services (DFS) has clarified that there are no restrictions preventing members of the queer community from opening joint bank accounts or nominating their partners as beneficiaries.
• The Ministry of Health and Family Welfare has issued directives to ensure the rights of the LGBTQI+ community in healthcare, including banning conversion therapy, providing sex reassignment surgeries, and making teleconsultation services available. Guidelines are also being developed for the medical care of intersex infants and children, as well as addressing the mental health and well-being of the queer community.

As part of this ongoing effort, the DoSJE has invited the public to share their suggestions and feedback on further measures needed for the LGBTQI+ community. Submissions can be sent via email to abhishek-upsc[at]gov[dot]in and mayank.b[at]gov[dot]in.

This call for public input represents the Government’s commitment to ensuring that the voices of all stakeholders are heard in the development of inclusive policies that protect and empower the LGBTQI+ community in India.