- Legal Explainers (36)
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Courts have accepted that it is the right of any person to choose their gender if they do not identify with the sex assigned to them at birth.
What is the need for LGBTQ+ specific healthcare?
If LGBTQ+ persons face any discrimination while accessing medical or psychological healthcare, they can take action to alleviate the problem.
Your Right to Recognition of Your Gender Identity
Identification documents play a major role in facilitating your rights such as the right to healthcare, education, etc. and are also important for day-to-day activities. It is your right to get identification documents recognizing the gender you want to be associated with.
Love and Relationships for LGBTQ+
Anyone above the age of 18, has the right to love and have consensual sexual relationships with anyone that they wish to irrespective of their sexual orientation or gender identity.
What are the rights of LGBTQ+ persons with respect to mental health?
Being an LGBTQ+ person does not make someone mentally ill. However, in India, an LGBTQ+ have some rights with respect to mental health.
Proof of Gender Identity
When you face any trouble with officials or people who want you to prove the gender you identify with, you have the option of showing them the documents given below.
Facing Harassment and Violence
If you face targeted harassment or violence, you have a right to complain and get protection from anyone, including a family member, teacher, etc. who is harassing or hurting you.
What are the common sexual health issues faced by LGBTQ+ Persons?
If a person is sexually active, they should speak to their doctor about STI prevention, screening tests recommended, etc.
What are the Steps for Changing Your Name?
To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette.
Hurting or Injuring LGBTQ+ Persons
If you are subjected to any violence, where you are injured or hurt, you have a right to complain and file an FIR with the police regardless of your gender or your sexual orientation.
What is gender affirmative therapy and corrective surgery for LGBTQ+ persons?
A person does not have to go through any surgeries to be given recognition for their self-identified gender.
Learner’s License for LGBTQ+ Persons
A Learner's License is a temporary license which is valid for 6 months, which legally allows you to practice driving on Indian roads, as long as you are accompanied by an adult who holds a valid Driving License
Blackmailing LGBTQ+ Persons
If anybody threatens to out your identity or sexual orientation and asks for money or anything of value to maintain their silence, they are committing a crime of extortion. Even the threat of injuring you in this process would amount to the crime of extortion.
What is the importance of consent for GAT and Corrective surgery?
No one can force a person to undergo GAT/Corrective Surgery as a legal condition for recognizing their gender identity.
Driving License for LGBTQ+ Persons
A Driving License (DL) is an official document, issued in the form of a card, by the Regional Transport Office (RTO) or Regional Transport Authority (RTA) of each State.
Locking Up LGBTQ+ Persons
If you are being obstructed from leaving a place or you are confined inside a particular area, for example, you are locked inside a room, then you are being detained illegally under the law. This is known as wrongful confinement.
What are the options if there is discrimination and harassment by medical personnel against LGBTQ+ persons?
LGBTQ+ persons may face harassment or discrimination by medical personnel and a person can take appropriate action in such cases.
PAN Card for LGBTQ+ Persons
PAN (Permanent Account Number) is an identification proof mandatorily required to file taxes which is issued by the Income Tax Department.
Online Harassment and Violence against LGBTQ+ Persons
Online abuse happens on various platforms on the internet - social media, chat forums, etc. When faced with online abuse, your first step should be to see what the policy of the platform where the abuse is happening, and what steps the platform recommends for you to stop it.
Aadhar Card for LGBTQ+ Persons
Aadhaar is a 12-digit identification number, specific to each individual, issued after satisfying a verification process based on demographic information and biometric information.
Rape of LGBTQ+ Persons
When a man has sexual intercourse with you, without your consent, it is considered to be rape under the law. Currently, under the law, only women or trans women can be victims of rape or sexual violence and can only file it against a man.
Passport for LGBTQ+ Persons
A Passport is an official document issued by the government that allows you to travel internationally.
Sexual Violence against LGBTQ+ Persons
If you have faced any form of sexual violence which may include, rape, inappropriate touching, stalking etc, you can file an FIR with the police. You can file a complaint against anyone including a family member, teacher, etc.
Voter ID for LGBTQ+ Persons
A Voter ID Card, also known as the Electors Photo Identity Card (EPIC) is a photo identity card that is issued by the Election Commission of India (ECI) to all individuals who are eligible to vote.
Who (LGBTQ+) can File a Complaint
If you are facing harassment and violence, some of the laws you can use while filing a complaint are based on your gender identity. It will be helpful for you if you know what laws can help you while filing an FIR. You can take the help of lawyers and NGOs so that you do not face harassment by police officers.
Ration Card for LGBTQ+ Persons
Ration Cards have been introduced as part of the Government's Public Distribution System and is an important identity proof.
Complaining/Reporting Problems by LGBTQ+ Persons
You can file a complaint with the Police, NHRC, NCW and through a cyber cell, if you face any discrimination because of your gender or sexual orientation.
What is a ‘Special Marriage’ or Inter-Religious Marriage?
Civil marriages, also commonly called ‘Special Marriages’ or ‘Inter-religious marriages’ do not depend on the religion of the couple.
Filing an FIR by LGBTQ+ Persons
The FIR has to be filed by the police official and if you are a woman or trans woman, then for certain crimes, a woman police officer has to fill out the FIR.
Difficulties in filing the FIR by LGBTQ+ Persons
If the police officer refuses to file an FIR or harasses you because of your sexual orientation or gender identity, then you can take the steps mentioned herein.
LGBTQ+ Persons Arrested By the Police
When police officers want to arrest you for any crime or suspicion of any crime, they may come to your location and arrest you. While arresting you, the details of the arrest, place of arrest, time of arrest etc will be written down in an Arrest Memo.
Rights of LGBTQ+ Persons While Being Arrested
You are not supposed to be mistreated by police officers while being arrested based on your sexual orientation or your gender identity. So it is helpful to know the 5 rights you have under the law.
Custodial Harassment of LGBTQ+ Persons by Police
If you are arrested, you will be in the custody of the police at the police station for 24 hours, till they take you to the nearest Magistrate (Court). They can keep you for 15 more days only if they get the permission of the Magistrate.
Getting Bail by LGBTQ+ Persons
When you are arrested, you have the right to apply for bail regardless of your gender identity or your sexual orientation.
Helplines for LGBTQ+ Persons
There are several government helplines, mentioned herein, which will help by not only giving information, but supporting you through legal processes and putting you in touch with authorities.
Guide on the Rights of Transgender Persons in India
This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.