“Unnatural Offences”: Obstacles to Justice in India Based on Sexual Orientation and Gender Identity

This report was published in February 2017 by the International Commission of Jurists (ICJ), a Switzerland-based NGO of judges and lawyers dedicated to defending human rights worldwide. The report is based on a study conducted by the organisation in 2016, which comprised qualitative interviews with 150 individuals identifying as lesbian, gay, bisexual, transgender and nonbinary. The study was undertaken across nine cities in India and aimed at understanding their experiences with the legal system. The report also includes interviews with lawyers and activists associated with queer rights. In addition to the interviews, Right To Information (RTI) applications were filed requesting input from government departments regarding the enforcement of laws impacting queer persons.Finding that Section 377 and other criminal laws are used rampantly to legitimise discrimination, the report finds that queer individuals’ rights to justice are frequently denied. Harassment and violence directed towards them at the hands of the police form major impediments in their access to justice, while a scarcity of queer-friendly lawyer networks and discriminatory treatment from judicial officials worsen their experiences. Moreover, laws meant to provide entitlements and protection to the queer community are rendered largely ineffective by systemic constraints, the report notes. The ICJ puts forward several recommendations to the Indian Government, including repealing Section 377 of the Indian Penal Code, redrafting the Transgender Persons (Protection of Rights) Bill 2016, sensitising police and judicial officials to the rights of queer people, and the facilitation of greater legal support for the queer community. The 66-page document is divided into six sections: Introduction and Summary (Section 1); Relevant criminal laws and the laws facilitating legal gender recognition (Section 2); Police Violence and Harassment (Section 3); Experiences with Lawyers and Courts (Section 4); International Legal Standards (Section 5); and Conclusions and Recommendations (Section 6).