5 min readJun 8, 2023 10:27 AM IST
First published on: Jun 8, 2023 at 07:01 AM IST
Pride Month is here again. The country is waiting with bated breath for the Supreme Court’s verdict on the marriage equality case. This has been one of the most widely watched cases regarding queer rights in Indian history. While we wait, it is important to not lose sight of other important events that marked a year since last June. It is a chance to take stock of progress made and opportunities lost, and plan for a future that is more just and inclusive.
One landmark moment was the apex court’s expansion of the definition of women in the Medical Termination of Pregnancy Act to include transgender persons, especially trans masculine and non-binary people. They are now legally entitled to avail of abortion services. In light of the increasingly restrictive abortion legislation in countries like the US, this was a judicial benchmark.
The apex court also took several measures to make the judicial system queer-inclusive. It expanded its Gender Sensitisation and Internal Complaints Committee to include queer non-binary lawyers. It came out with a module for sensitisation of the judiciary on the LGBTQIA+ community, and other small steps, like creating universal restrooms in the court complex, were also much appreciated.
When it comes to the health of transgender people, the Government of India expanded the ambit of Ayushman Bharat and included transgender persons through the TG Plus card which entitles them to health and gender-affirming services. An increasing number of health insurance companies are now offering spouse benefits to same-sex couples. There has also been progress in making medical curricula queer-inclusive.
Some noise was generated over the recruitment of transgender persons in Maharashtra Police, after a petition was filed on the matter. The government decided to come out with criteria for physical standards for transgender applicants for constable and driver posts. However, of the 73 transgender applicants, none could make it to the police. Hopefully, things will change soon.
Inroads were made in the political representation of transgender persons. Bobi Kinnar became Delhi’s first transgender municipal councillor, winning from Sultanpuri on an AAP ticket. Sonu Kinnar, another transgender person, also made history by becoming president of Nagar Palika Panchayat of Chandauli, Uttar Pradesh.
While the NALSA judgment paved the way for the legal recognition of transgender persons and allowed them to change their name and gender in records even without medical intervention, the Transgender Persons Act insisted on medical/surgical intervention to change gender. But in India, laws are often not implemented on the ground. In a case before the Rajasthan High Court, a transgender man took his employer to court for not allowing change of name and gender in their records despite having undergone surgery. The court’s judgment not only reiterated the right of every individual to assert and affirm their identified gender but also went beyond the Transgender Act to instruct the state government to create mechanisms at the district level for grievance redressal.
Transgender people often face difficulty in accessing public spaces. The Karnataka government’s recent decision to allow transgender people free bus travel was much needed. It must now also focus on the safety of transgender persons in the state.
Amidst this legislative, judicial, and political progress, something that brought smiles to faces was a Starbucks ad featuring a transgender woman and depicting her reunion with her estranged father. While we celebrate such successes, we must be cognisant of the pending demands of the community. There is still no central law banning unscientific, inhuman, and traumatising conversion therapy in India. There is no regulation of sex-normalising surgeries for intersex children. The long pending demand of the transgender community for horizontal reservations needs sincere deliberations and actions. The Transgender Persons Act has many provisions that are yet to be realised though the rules came more than two years ago — for example, making transgender welfare boards, notifying rules, transgender protection cells, etc. The Ministry of Social Justice and Empowerment which started the SMILE scheme for transgender people and set up a few shelter homes called Garima Grehs is facing flak for restricting funding to the existing shelters.
While this Pride Month will see a lot of rainbow washing, one must not forget that Pride is political. We are still a nation in which queer people do not have equal rights. As the queer community takes pride in its existence and survival against all odds, society as a collective must ensure that every citizen enjoys the full spectrum of rights. Only then can we truly celebrate pride as a nation.
The writer is associate professor, Department of Community Medicine, Hamdard Institute of Medical Sciences and Research, Jamia Hamdard, Delhi and director, Human Solidarity Foundation
The Government of India expanded the ambit of Ayushman Bharat and included transgender persons through the TG Plus card which entitles them to health and gender-affirming services. 
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