Article from Shreya Atrey which features in volume 16 of the Equal Rights Review which has a special focus on intersectionality.
Court order of Reena Banerjee and others v Government of NCT of Delhi and others, concerning deaths and inhuman treatment in a mental health institution. The Supreme Court ordered that the Union of India and other competent state and union authorities be identified and then respond to allegations that they were failing to meet their obligations under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Our work in India involves promoting better implementation of non-discrimination laws and combating discriminatory torture and ill-treatment of persons with disabilities.
Our achievements include:
London, 23 April 2014
On 15 April 2014, in a judgment which has been widely praised by equal rights activists around the world, the Supreme Court of India held that recognising only two gender identities (male and female) violated constitutional rights. In National Legal Services Authority v Union of India and others, the Court found that the right to self-identify one's gender, including as “third gender”, was an important part of the constitutional right to live with dignity. Further, the state was required to take affirmative action measures in order to achieve equality for transgender people. The decision – its tone and approach in stark contrast to the Court's recent regressive decision in Suresh Kumar Koushal and another v NAZ Foundation and others – should offer inspiration to courts in the many countries which continue to recognise only a gender binary.
Case Summary NLSA v Union of India
The case concerns the constitutionality of Section 377 of the Indian Penal Code which was
enacted during the British administration in India in 1860. Section 377 created an offence of
voluntarily having carnal intercourse ?against the order of nature? with any man, woman or
animal, punishable by up to ten years imprisonment or a fine. Although the provision appears to
be neutral on its face, it was argued to have a discriminatory effect on LGBT persons,
particularly homosexual men.
London, 13 December 2013
On 11 December 2013, the Indian Supreme Court issued its judgment in Suresh Kumar Koushal and another v NAZ Foundation and others, an appeal of the much celebrated decision of the Delhi High Court in 2009 to overturn a sodomy law which had criminalised same-sex sexual conduct.
This is The Equal Rights trust stakeholder submission to the Universal Periodic Review of India.
Sexual harassment at work in India - Supreme Court decision requiring states to follow Vishaka Guidelines