Pride: In the name of love

In the backdrop of Pride Month observed globally in June, Chennai witnessed activities aimed at offering a sense of inclusion to the members of the LGBTQIA+ community. The city hosted its rainbow pride parade last week, which was attended by scores of members of the queer community. The lexicon of the festivities has been evolving year after year, with the community seeking representation and equity in all aspects of life. In Chennai, the parade touched upon topics such as workplace inclusion, fighting against conversion therapy, same-sex marriages, and of course, horizontal reservation.

While vertical reservation refers to the reservation meant for Scheduled Castes, Scheduled Tribes, and Other Backward Classes enshrined in the Constitution’s Article 16(4), horizontal reservation pertains to the provision of equitable opportunities to other beneficiary groups transcending vertical divisions under Article 15(3). These include women, children and people with disabilities (PWD). Members of the LGBTQIA+ community have been seeking recognition under this clause.

In 2014, in a case pertaining to the National Legal Services Authority (NALSA) Vs Union of India and Ors, the Supreme Court ruled that Article 14 guarantees equality to any person – man, woman, and transgender, and that they equally protected under the law. The judgement recognised transgender people as the ‘third gender’, emphasising that fundamental rights per the Constitution will be applicable to them. The SC directed the Centre and state governments to initiate measures to treat transgender and intersex persons as socially and educationally backward citizens – extending them reservation in matters of admission in educational institutions and for public appointment.

However, such judgments qualify only as lip service as members of the queer community are excluded from legislation pertaining to several aspects of civil society. As per a recent study, nearly 70% of people from the LGBTQIA+ community are subjected to sexual harassment at the workplace. While 56% put up with discrimination, 40% face verbal harassment, and 38% reported abuse and bullying. A decade ago, the World Bank estimated India suffered economic losses in excess of $32 bn annually on account of queer-phobia.

Thankfully, India Inc seems to be coming around with regard to the concept of inclusivity and how it could affect bottom lines and employee morale as well. Inclusive workplaces now offer medical benefits and hospitalisation coverage to partners of queer employees, apart from coverage for gender reassignment, hormone replacement therapy as well as IVF treatments. Firms also provide flexible parental leave that accounts for adoption requirements of same sex couples. The fact that legal recognition for same sex marriages still eludes gay couples is a different matter altogether – as the argument was still ongoing in the apex court.

Legislation-wise, a bright spot emerged in Karnataka, which in August 2021 became the first state to provide 1% reservation for transgender people in jobs for civil services posts across caste categories. Tamil Nadu had also led from the front for championing queer rights – being the first state to introduce a column for third gender in admission forms for colleges — more than a decade ago. And two years back, the Madras High Court instructed the state to come up with a glossary of terms that can be used to respectfully address members of the queer community. It’s a model worthy of emulation by all states, where lawmakers could use a bit of an attitudinal shift as well.