Trans-formation to End Discrimination (#IDAHOT 2014)

Alliance India’s Simran Shaikh, a hijra and AIDS activist, speaks out against discrimination and for LGBT equality.

Alliance India’s Simran Shaikh, a hijra and AIDS activist, speaks out against discrimination and for LGBT equality.

May 17th marks International Day Against Homophobia and Transphobia (IDAHOT) around the world. I am sitting in my office at Alliance India in New Delhi as I gather my thoughts on the stigma and discrimination I have faced my whole life because I subvert gender conventions. My journey from a Parsi boy to a transgender activist has been filled with discrimination, stigma, violence, silent screams, and also triumphs. (Read more about Simran’s life.)

To honour this global day that celebrates sexual and gender diversity, I want to share my thoughts on the recent Indian Supreme Court judgement protecting the rights of transgenders.

On April 15th this year, the Supreme Court judgment recognised the third gender in India and granting legal recognition to Indians who identify as neither male nor female – to those of us those who identify as transgender women and men or as hijras. “Discrimination is no longer my favourite word,” I yelled with pride as my friends joined in the celebrations after this landmark judgment. The ruling guarantees the nation’s transgender population essential rights, including equal access to education and employment In India.

But will this stop people from staring at me on Delhi Metro trains, autorickshaw wallahs refusing me rides, and fellow passengers moving away from me on buses? Why do they do this you wonder? Because my existence bothers them. I don’t seem to fit the boxes they have neatly packed themselves into. I refuse to look and behave the way they expect. I offend their sensibilities by being me. Can a judgment validating my existence change all this? I don’t know, but it feels like we’re on the right track.

Homophobia is an aversion towards those whose sexual behavior differs from the heteronormative, and transphobia is an aversion to those whose gender identities transcend the male-female gender binary. Negative attitudes manifest in many ways, from contempt, fear and hatred to verbal abuse, harassment, and violence. Are these attitudes rational? In most cases,they are rooted in a belief that our differences are against the order of nature.

Over India’s history, hijras have been a revered community, but when this region was colonised by the British, regressive laws were put in place outlawing homosexuality and criminalising these communities. Sixty-seven years after independence from British rule, the third gender has been given legal protection in India. I don’t know how many more years will pass before the repeal of Section 377 of the Indian Penal Code that criminalises consensual same-sex sexual behavior.

While the struggle to end discriminatory laws continues, I am deeply troubled by the everyday injustices faced by my LGBT brothers and sisters. We need to fight the internalised homophobia and transphobia in our communities and transform our fear of our own gender and sexual identities. We must celebrate who we are. Violence and discrimination must not be tolerated anymore. It cannot be a crime to exist. To deny our right to exist is the crime!

I am a proud member of the hijra community. In my teens, rejected by my family, I was given shelter by a hijra when all other doors were closed to me. Even today there are few professional options for someone like me. As a member of the Alliance India team, I’m fortunate to be doing professional work in HIV/AIDS that can have such a great impact on the transgender community in India. I dream of a day when all who are like me are given equal opportunities to thrive. Equal opportunity on paper must be put into practice. Changing attitudes will open minds, and with open minds, we can trans-form the world.

 __________________________

The author of this post, Simran Shaikh, is a Programme Officer for the Pehchan programme at India HIV/AIDS Alliance in New Delhi.

With support from the Global Fund, Pehchan builds the capacity of 200 community-based organisations (CBOs) for men who have sex with men (MSM), transgenders and hijras in 17 states in India to be more effective partners in the government’s HIV prevention programme. By supporting the development of strong CBOs, Pehchan addresses some of the capacity gaps that have often prevented CBOs from receiving government funding for much-needed HIV programming. Named Pehchan which in Hindi means ‘identity’, ‘recognition’ or ‘acknowledgement,’ this programme is implemented by India HIV/AIDS Alliance in consortium with Humsafar Trust, PNRO, SAATHII, Sangama, Alliance India Andhra Pradesh, and SIAAP and will reach more than 450,000 MSM, transgenders and hijras by 2015. It is the Global Fund’s largest single-country grant to date focused on the HIV response for vulnerable sexual minorities.

Advertisements

‘207 against 377’: A Step Towards Reclaiming Our Rights

The national Pehchan consultation on Section 377 was attended by more than 100 community stakeholders and activists, including prominent transgender leader Lakshmi Narayan Tripathi. (Photo by India HIV/AIDS Alliance)

The national Pehchan consultation on Section 377 was attended by more than 100 community stakeholders and activists, including prominent transgender leader Lakshmi Narayan Tripathi. (Photo by India HIV/AIDS Alliance)

December 11th, 2013 was a black day in the history of India’s human rights movement. On this day, the Supreme Court of India set aside the historic judgment of Delhi High Court in 2009 and, by affirming the constitutionality of Section 377 of the Indian Penal Code, recriminalized same-sex sexual behavior. The judgment, best described as ‘regressive’ and ‘derogatory’, noted that lesbian, gay, bisexual and transgender (LGBT) people are a ‘miniscule minority’ and our rights are ‘so-called’.

The Constitution of India guarantees a life of equality and dignity to every citizen, irrespective of caste, creed, religion and sex, but the Supreme Court lost the opportunity to protect the rights of sexual and gender minorities. The denial has made India’s LGBT community yet more vulnerable to stigma, harassment and violence. The court dealt another blow to the community in early 2014 when it also rejected all petitions to review the judgment.

The judgment was a huge setback to a marginalized and often hidden community that was beginning to come out of the closet after the 2009 decision, but the spirit to fight back and reclaim our rights is now even stronger. There has been a concerted effort by a range of civil society organisations, such as Voices Against 377, Lawyers Collective and Naz Foundation (India) among others, to make sure that this community momentum leads toward a coherent movement that will in time overturn the Supreme Court’s backward judgment.

The Global Fund-supported Pehchan programme is joining the challenge. Pehchan works with MSM, transgender and hijra (MTH) communities on issues of HIV and health in 17 states of India through consortium partners including India HIV/AIDS Alliance, Humsafar Trust, SAATHII, Sangama, SIAAP, Pehchan North Region Office (PNRO) and Alliance India Andhra Pradesh. In collaboration with the 200 community-based organisation supported under Pehchan, these 207 partners leveraged their collective passion and determination and launched the 207 against 377’ campaign.

Through the campaign, partner organisations will reach out to various stakeholders including political parties, religious leaders, media and educational institutions to sensitise them on the challenges facing LGBT communities. The campaign will contribute to the public discourse on Section 377 and will highlight how the law undermines the fundamental rights of LGBT people in India. The campaign will influence general attitudes and government policies so as to protect the wellbeing and dignity of LGBT Indians.

To initiate this national effort, Pehchan organized a daylong national consultation on February 6th that was attended by LGBT community members and leaders from across India including Ashok Row Kavi, Lakshmi Narayan Tripathi and Manohar Elavarthi. Speakers emphasized the importance of political engagement and the involvement of religious leaders. It was agreed that there is a need for a clear strategic plan of action against the Supreme Court judgment.

During the consultation, community members voiced their concerns about Section 377. Arvind Narain from the Alternative Law Forum provided a legal overview of the judgment and Anand Grover from Lawyers Collective discussed the next legal steps. The consultation generated an active dialogue and generated multiple ideas to build advocacy momentum. As next steps, the consultation identified priority actions to move advocacy forward:

  • Documentation of cases of stigma, discrimination and violence faced by the LGBT community;
  • Sensitization of judges at district, state and national level;
  • Dialogue with religious leaders and political parties;
  • Engagement of the media to highlight the challenges caused by the judgment;
  • Regular rallies; and
  • Linking activities to other rights movements in India.

The ‘207 against 377’ campaign will also organize 17 state-level consultations – one in each Pehchan state – on Section 377 and 200 district-level consultations through Pehchan CBOs.

This is just the beginning. The national campaign will reach out to the LGBT community and stakeholders at all levels. We will keep you updated on progress.

__________________________

The author of this post, Yadavendra Singh, is Advocacy Manager at India HIV/AIDS Alliance in New Delhi.

With support from the Global FundPehchan builds the capacity of 200 community-based organisations (CBOs) for men who have sex with men (MSM), transgenders and hijras in 17 states in India to be more effective partners in the government’s HIV prevention programme. By supporting the development of strong CBOs, Pehchan will address some of the capacity gaps that have often prevented CBOs from receiving government funding for much-needed HIV programming. Named Pehchan which in Hindi means ‘identity’, ‘recognition’ or ‘acknowledgement,’ this programme is implemented by India HIV/AIDS Alliance in consortium with Humsafar Trust, PNRO,  SAATHIISangama, and SIAAP and will reach 453,750 MSM, transgenders and hijras by 2015. It is the Global Fund’s largest single-country grant to date focused on the HIV response for vulnerable sexual minorities.

By the Community, for the Community: India’s Own Curriculum for Vulnerable Sexual Minorities

mods2Pehchan (which in Hindi means ‘identity’ or ‘recognition’) is one of the largest programme of its kind not just in India but in the world catering to the health and development needs of men who have sex with men, male-to-female transgender and hijra (MTH) populations. The five-year programme, which began in 2010 with support from the Global Fund is implemented in 17 states by India HIV/AIDS Alliance through six regional partners – Humsafar Trust, Pehchan North Region Office, SAATHII, Sangama, SIAAP and Alliance India Andhra Pradesh. The six regional partners together support 200 community-based organizations (CBOs) of MTH people. These CBOs are at the frontline of programme implementation at the district-level.

One of the biggest programmatic exercises in the first phase of Pehchan (2010-12) was the development of a comprehensive package of thematic training modules for the CBO staff. The themes ranged from Pehchan-specific management issues to leadership and organizational development; basics of STI and HIV prevention, care, support and treatment to mental health concerns; identity-gender-sexuality to family support and issues of MTH individuals with female partners; legal and human rights to trauma and violence; positive living to life skills education. It is unlikely that such a diverse set of training modules  – 16 in all – have ever before been prepared for any marginalized community in the context of national programmes focused on HIV and associated issues of sexual and reproductive health (SRH) and rights.

The scale of development of Pehchan Training Curriculum: MSM, Transgender & Hijra Community Systems Strengthening was not only in keeping with the scale of Pehchan itself, but also in terms of the objectives of the programme. ‘Community System Strengthening’ – catchwords for the programme – is envisaged in two ambitious ways –  formation and strengthening of 200 MTH CBOs across 17 states of India; and provision of a comprehensive basket of SRH and HIV services to 453,750 MTH through these CBOs. Pehchan not only seeks to complement the National AIDS Control Programme but has also put in place a precedent for future health and development programmes for MTH or even larger LGBT populations.

The module development exercise went through three broad phases. In the first phase, experts were involved in a civil society consultation to glean inputs for each of the modules. This resulted in the development of information rich pre-modules. In the second phase, the module contents were embedded with adult-learning focused training techniques and activities through a workshop involving the master trainers who were supposed to deliver the training to CBO staff. The workshop also provided the master trainers a rehearsal on the training skills and approaches they needed to adopt for a target audience that would largely consist of first-time learners.

The modules were further streamlined in the third phase to match the programmatic priorities as well as trainee profiles and learning abilities. The third phase exercise was the most challenging as it required a team of experts and master trainers to pare down the content to make it precise, relevant, visually compelling and feasible for conveying message in a limited period of time. This phase also led to the development of the modules in manual form, which provided clear instructions to the trainers on the “how-to” of administering each module.

At a personal level I enjoyed my involvement in all stages of the module development exercise, but more so during the third phase when I led the final editing of some of the modules. The completion of work on each module provided a moment of satisfaction after weeks and months of intensive writing and re-writing. Here I must acknowledge the work done by all co-developers, topic experts, master trainers and colleagues from all partner agencies to make the modules a reality.

Of course, the exercise was far from perfect. The deployment of the training modules in the first phase of the project provided hands-on learning on the effectiveness of the modules. In the second phase of Pehchan, when cadre-based trainings have replaced theme-based trainings, the use of job aids based on the modules will provide further feedback on how the modules could be improved. However, even in their present form – as at the time of the launch – the modules are a rich repository of information and knowledge available for anyone and everyone – in India and around the world – interested in applying them in their work, or better adapting, translating, replicating and improving them!

__________________________

The author of this blog, Pawan Dhall, is a gay rights activist in India and was instrumental in drafting of the Pehchan Training Curriculum: MSM, Transgender & Hijra Community Systems Strengthening. He has been involved in queer community mobilization and development in eastern India since the early 1990s and also works with SAATHII, a non-profit that builds the capacities of individuals and agencies in the areas of sexual and reproductive health and HIV. His newest venture is Varta, which promotes dialogue on gender and sexuality as issues intimate and integral to human development in India through newspapers and other publications.

With support from the Global FundPehchan builds the capacity of 200 community-based organisations (CBOs) for men who have sex with men (MSM), transgenders and hijras in 17 states in India to be more effective partners in the government’s HIV prevention programme. By supporting the development of strong CBOs, Pehchan will address some of the capacity gaps that have often prevented CBOs from receiving government funding for much-needed HIV programming. Named Pehchan which in Hindi means ‘identity’, ‘recognition’ or ‘acknowledgement,’ this programme is implemented by India HIV/AIDS Alliance in consortium with Humsafar Trust,  PNRO,  SAATHIISangama, and SIAAP and will reach 453,750 MSM, transgenders and hijras by 2015. It is the Global Fund’s largest single-country grant to date focused on the HIV response for vulnerable sexual minorities.

A Dark Day for India

shaleen_blog2I am crouched over my work desk at the Naz Foundation (India) Trust, combing through another draft of the Public Interest Litigation (PIL) against Section 377 of the Indian Penal Code, which criminalizes homosexuality. This case will be Naz India versus Government of India. This is 1999.

It will be another two years before we file the PIL through our lawyers, the Lawyers Collective HIV/AIDS unit. If the process of drafting the 200-odd page PIL was long and cumbersome, it was a cakewalk compared to the journey ahead.

I represented Naz India on this PIL on paper and in the courts. Week after week, there were hearings in the Delhi High Court after the petition was filed in 2001. Good judges and bad judges. Good hearings and bad hearings. And then, the nightmare! Delhi High Court rejected the petition on grounds that Naz India was not an ‘affected party’. An appeal in the Supreme Court and a win. The case back in high court. More hearings.

Then in 2009, the Delhi High Court upheld the PIL. Our celebration was ecstatic, but it has turned out to be premature. There was a counter-appeal in the Supreme Court. And, today, the day of judgement.

After fourteen years of struggle, in today’s ruling, Justice Singhvi stated that the 2009 Section 377 ruling was “constitutionally infirm” and set it aside.

I’m only just beginning to digest the news. This is too big a set-back, a devastating moment for millions of LGBT people in this country and around the world. The fight will go on, and we will rally for our rights as equal citizens. We will persevere, and we will triumph.

__________________________

The author, Shaleen Rakesh, is Director: Technical Support, India HIV/AIDS Alliance. Shaleen was instrumental in filing the PIL in Delhi High Court on behalf of Naz Foundation.

India HIV/AIDS Alliance (Alliance India) is a diverse partnership that brings together committed organisations and communities to support sustained responses to HIV in India. Complementing the Indian national programme, Alliance India works through capacity building, knowledge sharing, technical support and advocacy. Through our network of partners, Alliance India supports the delivery of effective, innovative, community-based HIV programmes to key populations affected by the epidemic.

International Human Rights Day 2013: Reflections on Rights Situation of PLHIV and Key Populations in India

HRD_blogSince the United Nations adopted the Universal Declaration of Human Rights in 1948, there has been a slow but steady expansion of international agreements that promote and protect the rights and dignity of all people everywhere. But even today, people living with HIV (PLHIV) and members of key population groups, such as men who have sex with men, transgenders, hijras, people who inject drugs and sex workers, continue to face violations to their basic rights. They are denied recognition in society, face barriers in accessing basic services like healthcare and education, and are often victims of violence and other forms of discrimination and marginalization.

Protection and fulfilment of the human rights of vulnerable communities are at the core of India HIV/AIDS Alliance’s work. Although the full enjoyment of their rights remains a dream for too many people, there are stories of hope and courage. This Human Rights Day take a look at some of the challenges facing India and how we’re responding:

The Other Epidemic: Gender-based Violence in India

Gender-based violence is an epidemic facing India and the world, and like AIDS, it will require a sustained and committed effort to overcome. Attitudes must change. We must never tolerate violence against women and girls. We must never be blind to gender’s diversity. Read more.

Fighting for the Right to Health for Women Living with HIV: A Success in Gujarat

Stigma and discrimination remain among the primary barriers to achieving universal access to HIV treatment, care, and prevention. As HIV treatment programmes become increasingly available, access to these lifesaving services depends on the degree to which all health facilities welcome PLHIV and respect their rights. Read more.

Confronting Quackery, Demanding Care: India’s Hijras Seek Access to Sex Reassignment Surgery Services

India’s hijra community routinely experiences mistreatment at the hands of doctors and the health system. Progress is slow and often only as a result of significant advocacy by community organisations. Hijras and transgenders have the same right to health as any other citizen, and the government must act to protect their lives. Read more.

Confidentiality: A Health and Human Rights Issue for PLHIV

There is nothing more angering than the thought of stigma faced by people living with HIV (PLHIV). Take, for example, the situation where numerous PLHIV had their HIV status published on the front page of their medical history records, making confidential information available to anyone who glanced at their files. Read more.  

The Pain of Being ‘the Other’: How Stigma Fuels HIV/AIDS among People Who Inject Drugs in India

The vulnerability of people who inject drugs (PWID) is further fuelled by the fact that society perceives drug users as criminals and a threat to society. This makes it difficult for people who want to reach out to them to build rapport and trust. This demonization further fuels the HIV epidemic in the country. Read more.

Shedding Light on Abuse: Alliance India study shows that almost 50% of women who inject drugs in Manipur report harassment and abuse from community members

A study conducted by Alliance India sheds light on the extent of the social discrimination and isolation experienced by women who inject drugs in Manipur. The lack of a support system in the lives of women who inject drugs significantly increases their isolation and likelihood of engaging in sex work as a means of earning a living. Read more.

A Beacon of Hope in the Fight Against Child Marriage: One Girl’s Story

The issue of child marriage is a very common problem in Allahabad in the conservative Indian state of Uttar Pradesh. Here, girls are married early and are expected to bear children soon after.  Issues such as contraception, sexually transmitted infections, and reproductive rights of young people are met with a wall of silence. Read more.

World AIDS Day at 25: The Odds and Evens of a Quarter Century Fight against HIV/AIDS

HIV is not just a medical issue but also a social matter that requires a holistic, community-based response. (Photo by Peter Caton for India HIV/AIDS Alliance)

HIV is not just a medical issue but also a social matter that requires a holistic, community-based response. (Photo by Peter Caton for India HIV/AIDS Alliance)

It has been 25 years since the first observance of World AIDS Day on December 1, 1988. This quarter-century journey has been tumultuous. Denial of the epidemic and gross violations of the human rights led to the deaths of millions globally. People living with HIV spoke out and acted up. Others noticed, and slowly advocacy drove investment in HIV programmes by governments around the world.

In India, the first known case of HIV was diagnosed in 1986 in a female sex worker in Chennai. HIV remains concentrated in high-risk groups. While adult HIV prevalence stood at 0.27% in 2011, it continues to remain alarmingly high among men who have sex with men (MSM) at 4.43% and transgenders 8.82%. Pressed by community advocacy, the Government of India’s HIV response has prioritized prevention interventions for MSM. It has recently realized the necessity of developing a distinct HIV prevention strategy for transgender and hijra communities. By the end of 2012, 20 of the government’s targeted HIV prevention interventions were working exclusively with these populations.

Despite many years of work, HIV prevalence remains high in MSM, transgender and hijra (MTH) communities in India for complex reasons. Starting at the individual level, internalised homophobia and transphobia plagues many MTH community members. Often rejected by their families, there is lack of meaningful social support for them that adds to their vulnerability to HIV.

Society at large is still not comfortable with MTH communities. This is even more true for transgenders and hijras. They are more visible which often makes them targets. Lack of recognition of their gender identities by the government makes their lives difficult. Without proper identity documentation, they cannot access education, life insurance, bank loans and various social entitlement schemes.

Though the Delhi High Court read down Section 377 of Indian Penal Code in 2009, the ruling was appealed to the Supreme Court of India. The judgement is expected in December 2013. Activists in India and across the world are eagerly awaiting word from the Supreme Court. If the court upholds the Delhi High Court decision, it will be a landmark in the history of human rights.

We must be relentless in our pledge to make HIV history. In this, our governments and our communities are equal partners. HIV is not just a medical issue, and it never has been. It’s a social matter that requires a holistic response that puts affected communities at the centre. This World AIDS Day and every day, we need to strengthen community action on AIDS.

__________________________

The author of this post, Yadavendra Singh, is Advocacy Manager at India HIV/AIDS Alliance in New Delhi.

This blog was published on The Alternative on 1st December 2013.

A Long Way to Zero… | World AIDS Day 2013

(Photo by Peter Caton for India HIV/AIDS Alliance)

(Photo by Peter Caton for India HIV/AIDS Alliance)

“Getting to zero” is the theme of this year’s World AIDS Day. It is an ambitious goal, to be sure. Three goals, in fact. Three zeros. Zero new HIV infections. Zero AIDS deaths. Zero stigma and discrimination. Are we now so close to declaring victory? Are we really on a path to an AIDS-free world? Is the end of AIDS on the horizon?

On one hand, we have never been better positioned to achieve such goals. We have good epidemiological data. We know where the epidemic thrives. We know who are most at risk, and we have the tools to reduce their vulnerability. For those infected, we have treatment.

Yet mastering this epidemic remains elusive. Why does there still seem to be zero chance that we will achieve any of UNAIDS’ zero targets anytime soon? Although it’s no longer popular to say so, AIDS remains exceptional. As a virus, it has proved remarkably resourceful, outwitting scientists and keeping a vaccine or cure out of reach.

But for all its microscopic muscularity, HIV is still winning because we’re letting it win. Those most at risk — sex workers, men who have sex with men, people who inject drugs, transgenders and hijras — remain on the margins, socially stigmatized and victimized by legal discrimination. People living with HIV bear a daily burden of society’s cruelty and inaction.

Don’t get me wrong. Things are better than they’ve ever been, but better isn’t good enough. Our tools and knowledge can only stifle this epidemic if they are marshaled to the task. Government coordination must be matched with community mobilization and sustained in collaboration with civil society. National treasuries, donor governments, corporate houses and private citizens alike need to pitch in to support these efforts.

This World AIDS Day, even as we appreciate progress in India and elsewhere, we should not lose our momentum or let crumble the foundation that has been built in the quarter century since the first World AIDS Day in 1988. The path to zero is still long, even if the destination is clear.

__________________________

The author of this blog, James Robertson, is Executive Director of India HIV/AIDS Alliance in New Delhi.

This blog was republished on One World South Asia on 2nd December 2013.