
As UN faces a key vote on expert to protect LGBTQIA rights, will India finally be on the right side?
This mandate was established in 2016 and renewed in 2019 and 2022 and has been supported by a growing number of states from all regions. The current resolution to renew the mandate was presented by a core group of six Latin American countries – Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay .
It was co-sponsored by countries from all regions of the world, including European countries such as the United Kingdom and Spain, African countries such as South Africa and Cabo Verde and Asian countries such as Japan. Asian countries that have voted for the mandate in the past include Nepal, South Korea, Vietnam, Mongolia, Philippines and Thailand, thereby strongly indicating that for Asia, LGBTQIA rights is no more a zone to be avoided but actively supported.
In this trend of increasingly global support (with strong participation from the global south) for the proposition that discrimination and violence on grounds of sexual orientation and gender identity have no place in our world, India's voice has been noticeably absent. While India has been a member of the Human Rights Council since 2016, on every resolution on sexual orientation and gender identity, India has unconscionably abstained.
Course for the future
The argument (though untenable) for abstention in 2016 was that the issue of decriminalisation was sub-judice and hence India could not take a position. However since the decriminalisation decision in Navtej Singh Johar v Union of India by the Supreme Court this position cannot be taken anymore. Navtej Johar has made explicit the position of the Supreme Court that 'history owes an apology to the members of this community and their families, for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries'
The court also said, 'It is difficult to right the wrongs of history. But we can certainly set the course for the future. That we can do by saying, as I propose to say in this case, that lesbians, gays, bisexuals and transgenders have a constitutional right to equal citizenship in all its manifestations.'
Unfortunately while the Supreme Court has acknowledged discrimination against LGBTQI persons as an egregious wrong, this thinking is yet to influence foreign policy. As such, India inspite of this historic and progressive decision, has chosen to remain mute both in 2019 and 2022 when it came to the resolution for renewing the sexual orientation and gender identity. mandate.
This silence of the Indian government is untenable as the judgment in Navtej Singh Johar v. Union of India has removed any possible legal ambiguity with respect to the fact that LGBTQIA persons are entitled to all human rights under the constitution.
Combatting discrimination
The mandate of the independent expert is based on the principle of dialogue with both states and civil society and aims to take forward best practices with respect to combatting discrimination on grounds of sexual orientation and gender identity.
Since the post was established, three successive mandate holders have conducted official visits to 11 countries, produced 17 reports documenting discrimination on the grounds of sexual orientation and gender identity – including the impact of the criminalisation of same-sex relations between consenting adults, the need to legally recognise a person's gender, and the situation of LGBT persons who are forcibly displaced, among others. They also sent communications documenting allegations of human rights violations to 171 states across all regions.
It is of global significance that the mandate be renewed for another three years as so doing will ensure that there will be a spotlight on the discrimination and violence suffered by LGBTQIA persons in United Nations spaces. This has brought global attention to the often invisible suffering imposed on LBGTQIA persons. The mandate will enable LGBTQIA persons to continue to bring attention to egregious human rights violations and amplify the call to end violence and discrimination based on sexual orientation and gender identity.
This upcoming vote is an opportunity for India to demonstrate a commitment to upholding human rights standards and take on the role of a human rights leader. India, inspite of being the world's largest democracy, has shown little inclination to infuse its constitutional vision, grounded in a strong commitment to civil and political rights, into its foreign policy. This is yet another opportunity to shed that lassitude and stand on the right side of history.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Time of India
25 minutes ago
- Time of India
RJD MP Manoj Jha moves Supreme Court against Election Commission's nationwide voter list revision
Months ahead of assembly elections in Bihar, RJD MP Dr Manoj Jha approached the Supreme Court on Sunday to challenge the Election Commission of India 's decision to start a Special Intensive Revision (SIR) of electoral rolls across the country, reported LiveLaw.


Mint
28 minutes ago
- Mint
Saudis Raise Main Oil Prices for Asia a Day After OPEC Hike
(Bloomberg) -- Saudi Arabia raised prices for its main crude grade for buyers in Asia next month as demand for oil and fuels holds up. The move, a day after OPEC producers agreed to a fourth round of big output hikes, suggests the kingdom is confident about the market. State producer Aramco will raise the price for Arab Light crude, its flagship grade, by $1 a barrel to $2.20 a barrel more than the regional benchmark for Asian customers, according to a price sheet from the company seen by Bloomberg. Three refinery officials in Asia expressed their surprise at the size of the increase. Aramco was expected to raise Arab Light by 65 cents a barrel, according to a survey of traders and refiners. On Saturday, the Saudis on Saturday led the OPEC group, which includes partners like Russia, in agreeing to raise production by 548,000 barrels a day in August, in part to take advantage of strong summer consumption. The increase, faster than traders and analysts foresaw, may contribute to a crude surplus later this year with Wall Street firms such as JPMorgan Chase & Co. and Goldman Sachs Group Inc. anticipating that prices sink near $60 a barrel in the fourth quarter. The OPEC increase puts the group on pace to unwind the layer of voluntary output cuts by eight members by September, which is one year earlier than originally outlined. The countries had announced increases of 411,000 barrels for each of May, June and July — already three times faster than scheduled. Read: OPEC Will Boost Supply Even Faster With Larger August Hike (2) Oil spiked above $80 a barrel last month as Israel exchanged missile barrages with Iran in one of the most dramatic escalations of conflict in the Middle East in recent years. Markets had largely shrugged off prior geopolitical tensions linked to Israel's war in Gaza and attacks on Hezbollah as those conflicts failed to impede the flow of oil. While a wider war involving Iran could put energy production and export infrastructure at risk, Brent crude fell back below $70 a barrel soon after US President Donald Trump announced a ceasefire between Tehran and Jerusalem and limited the US involvement in attacks. Demand for crude and products has largely held up amid summer use with margins for refiners rising. Still, traders see the market softening later this year as consumption wanes and the OPEC increases contribute to a surplus of crude in storage. The Organization of the Petroleum Exporting Countries and its allies are set to bring back to market 2.2 million barrels a day overall this year once it unwinds the voluntary cuts. --With assistance from Alex Longley and Alaric Nightingale. (Updates with industry reaction in third paragraph.) More stories like this are available on


Hans India
an hour ago
- Hans India
Marathi medium helped my conceptual understanding in school: CJI Gavai
Chief Justice of India B.R. Gavai turned emotional on recalling the moment he fulfilled his father's dream by becoming a judge and also highlighted on Sunday the benefits of studying in his Marathi mother tongue, claiming that it helped him in better conceptual understanding. The CJI virtually held back his tears as he opened his heart at a lawyers' event in Maharashtra, saying, 'I am happy my father's dream to see me become a judge has come true.' The CJI, the first Buddhist to occupy the top post, fondly remembered his father and his early days in the legal profession at the 161st-anniversary celebrations of the Advocates Association of Western India (AAWI), an organisation he joined in 1983. On Sunday, the CJI visited Chikitsak Samuh Shirodkar School in Girgaon, reminiscing about his childhood memories. Having studied from primary to secondary levels at this very institution, he expressed deep gratitude to the teachers who shaped his early life. Speaking at the school, Chief Justice Gavai said, 'Whatever height I have reached today, my teachers and this school have played a significant role in it. The education and values I received here gave direction to my life.' 'My journey in public speaking began on this very stage. Through speech competitions and cultural programmes, I gained confidence. It is because of those opportunities that I am what I am today,' he recalled. The CJI added, 'I studied in a Marathi-medium school. Studying in one's mother tongue helps in better conceptual understanding, and also instils strong values that stay with you for life.' Justice Gavai toured the classrooms, library, and art section of the school, interacting warmly with his old classmates and reliving fond memories. The heartfelt tribute given by the students was a deeply emotional and proud moment for him. His visit was a matter of great honour and inspiration for the school. Present on the occasion were Maharashtra's Skill Development Minister and Mumbai City Guardian Minister Mangal Prabhat Lodha, Bombay High Court Justice Madhav Jamadar, Chikitsak Samuh President Kishore Rangnekar, Secretary Dr Gurunath Pandit, Principal Sanchita Gawde, and other dignitaries. Justice Gavai comes from a distinguished background. His father, Ramakrishna Suryabhan Gavai, was a prominent Ambedkarite leader and founder of the Republican Party of India (RPI). Fondly known as Dadasaheb, the senior Gavai was also a member of the Lok Sabha from Amravati and served as the Governor of Bihar, Sikkim, and Kerala between 2006 and 2011 during the tenure of the Congress-led UPA government. He passed away in 2015, four years before his son's elevation to the Supreme Court. Justice Gavai was elevated as a Judge of the Supreme Court on May 24, 2019. In the six years before his elevation, he was a part of around 700 Benches dealing with matters pertaining to a variety of subjects, including constitutional and administrative law, civil law, criminal law, commercial disputes, arbitration law, electricity law, education matters and environmental law. He has authored around 300 judgments, including that of the Constitution Bench on various issues, upholding the rule of law and safeguarding the fundamental rights, human rights and legal rights of citizens. Appointed as an Additional Judge of the Bombay High Court in November 2003, Justice Gavai became a permanent Judge in November 2005.