Laws affecting LGBT persons in South Asia; A desk review by Aditya Bondyopadhyay

By Aditya Bondyopadhyay

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Further, in assessing whether application of Section 377 to criminalize consensual sex between adults is consistent with the Indian Constitution, the judges referred to international law. ” The court accepted the argument that criminalization is harmful to HIV responses. The Court concluded that to stigmatize or to criminalize people on account of their sexual orientation is against constitutional morality and principles of inclusiveness in the Indian Constitution. In finding that criminalization of male-tomale sex between adults is in breach of the Article 21 of the Indian Constitution, which provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.

For example, in Jayalakshmi v The State of Tamil Nadu & Others30,the Madras High Court dealt with a case of a transgender man who was so harassed by the police that he immolated himself and died. The Court held that the State had to pay compensation for the harassment by its police force and also directed the institution of disciplinary proceedings against the officers. The Indian Penal Code includes as offence for “emasculation” (Section 320, Indian Penal Code, which punishes “grievous hurt”).

Uary 2007 7, Nepal In Febru granted d a perso on citizenship as both a man and a a wo oman. In Septe ember 20 008, a lessbian in Katm mandu wa as recogn nized as "third d gender" on an official identity card. c The e term "third ge ender" ha as been used. BI Tab ble 5. 54 Under 18 1 Nov 2008 Nep pal Suprem me Court Judgment declarin ng all LGBTI are 'Natural Personss' and deservin ng of equ ual rightss and equal protection ns. There are some re T eports of in ntermitten nt arbitra ary arrestts o TGs in which ca of ases no law l iss used to o charge them.

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