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Home Archive by category "Discrimination"

Reporting a Crime/Atrocity

By Nyaaya | Scheduled Caste & Scheduled Tribes, Trade and Business | 0 comment | 10 April, 2020 | 0

If a crime has been committed against you owing to your identity as member of the Scheduled castes or scheduled tribes, you can approach any of these places to get immediate relief:  Police You can either call 100 or visit a police station to report the incident. The police will note down your details andRead more

Relief and Rehabilitation for Victims of Atrocities

By Nyaaya | Scheduled Caste & Scheduled Tribes | 0 comment | 10 April, 2020 | 0

The law requires measures to be taken by the District administration to provide relief and ensure rehabilitation of members of SCs or STs who have been victims of atrocities and crimes mentioned under this special law.1 An assessment of the situation or damages will be done by the District Magistrate and the Superintendent of Police beforeRead more

SC/ST Protection Cells

By Nyaaya | Scheduled Caste & Scheduled Tribes | 0 comment | 10 April, 2020 | 0

The law requires State governments to set up SC and ST Protection Cells at their headquarters. This cell is headed by the Director of Police and Inspector General of Police of the State.1  The SC/ST Cells are supposed to: Conduct survey of the identified area Maintain public order and tranquility in the identified area RecommendRead more

Precautionary and preventive measures to be taken by States

By Nyaaya | Scheduled Caste & Scheduled Tribes | 0 comment | 10 April, 2020 | 0

The law requires special measures to be taken by the State governments to prevent atrocities against members of scheduled castes and scheduled tribes1, such as:.  Identify areas where crimes and atrocities are likely to occur or reoccur Schedule visits of the District Magistrate and police officer to identified areas for reviewing the law and orderRead more

Steps for States to ensure fulfilment of the rights

By Nyaaya | Scheduled Caste & Scheduled Tribes | 0 comment | 10 April, 2020 | 0

If you are a victim or atrocities, dependent of the victim or a witness to the atrocities, the State Government must ensure that you are given:  a copy of the FIR free of cost immediate relief in cash or kind necessary protection from intimidation and harassment  relief in respect of death, injury or damage toRead more

Rights of Victims and Witnesses

By Nyaaya | Scheduled Caste & Scheduled Tribes | 0 comment | 10 April, 2020 | 0

This special law guarantees certain rights to the victims, their dependents and those acting as witness to the complaints filed under this law. These rights are: Protection from violence Victims, their dependents and witnesses must be protected from any kind of intimidation, coercion, inducement, violence or even threats of violence.  The investigation officer or theRead more

Investigation of Cases

By Nyaaya | Scheduled Caste & Scheduled Tribes | 0 comment | 10 April, 2020 | 0

If a crime under this special law committed against a member of the scheduled caste or schedule tribe groups has been reported to the police, the investigation for this must be done by a police officer who is at the rank of Deputy Superintendent of Police or above. As per the law, the DSP mustRead more

FIR, Arrest and Bail

By Nyaaya | Scheduled Caste & Scheduled Tribes | 0 comment | 10 April, 2020 | 0

When an FIR is filed for a crime or atrocity committed against a member of the scheduled castes or scheduled tribes, no preliminary inquiry needs to be conducted by the investigation officer before the said filing. The investigation officer does not require any prior approval of his seniors for arresting any person accused of committingRead more

Externment of Persons Committing Atrocities

By Nyaaya | Scheduled Caste & Scheduled Tribes | 0 comment | 10 April, 2020 | 0

The law designates certain areas as tribal areas or scheduled areas. If any person is likely to commit crimes or atrocities against members of SCs and STs in such areas, the Special Courts can have them removed from there.  However, the Special Court must list down the grounds for taking such an action against anybody.1Read more

Changing Your Name – LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

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. You can choose to publish it in the Central Gazette if you want to apply for any higherRead more

Proof of Gender Identity for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

Gender identity refers to an individual’s self-identification as a man, woman, transgender or other identified category, like intersex. 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.  Option 1: Affidavit or Undertaking An affidavit/undertakingRead more

Ration Card for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

Ration Cards are helpful when you want to get essential goods such as rice, grains, etc. at a lower subsidised price from shops set up by the government. Ration Cards have been introduced as part of the Government’s Public Distribution System and is an important identity proof. They are issued to people depending on theirRead more

Passport for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

A Passport is an official document issued by the government that allows you to travel internationally.1 The Ministry of External Affairs issues Passports through the Central Passport Organisation (CPO) and you will be able to apply for a passport by approaching Passport Offices, Passport Seva Kendras (PSK) and Post Office Passport Seva Kendras (POPSK) inRead more

Learner’s License for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

A Learner’s License1 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. 2 Please note that you must be 18 years old before you apply for a DL, soRead more

Driving License for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

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, under the Ministry of Road Transport and Highways,  which permits you to drive one or more types of vehicles, such as a motorcycle, car, etc. onRead more

Voter ID for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons, LGBTQ+ | 0 comment | 27 December, 2019 | 1

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.1 This card is commonly known by other names such as an election card, voter’s card, Voter ID, etc.  NewRead more

PAN for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

PAN (Permanent Account Number) is an identification proof mandatorily required to file taxes which is issued by the Income Tax Department. Details of your PAN Card are also asked by employers for salary transfers, TDS deductions, etc. and by banks while opening bank accounts. Initially, you will have to apply for a PAN Number. WhenRead more

Aadhar Card for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

Aadhaar is a 12-digit identification number1, specific to each individual2, issued by the Unique Identification Authority of India (UIDAI) to the residents of India after satisfying a verification process based on demographic information and biometric information.3 You will be assigned an Aadhaar number on a card with your personal details such as name, date ofRead more

Your Gender in Identification Documents

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

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 such as applying for a SIM Card or a bank account, etc. It is your right to get identification documents recognizing the gender you want to be associated with.  GendersRead more

Gender Identification for LGBTQ+ Persons

By Nyaaya | Discrimination, Identification Proof for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

The LGBTQ+ community includes multiple self-identified groups, and the term “LGBTQ” stands for Lesbian, Gay, Bisexual, Transgender, Queer and “+” denotes the wide extent of the community which includes many sexual identities.   Courts have accepted that it is the right of any person to choose their gender if they do not identify with the sexRead more

What are the options if there is discrimination and harassment by medical personnel against LGBTQ+ persons?

By Nyaaya | Discrimination, Healthcare for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

LGBTQ+ persons may face harassment or discrimination by medical personnel like doctors, nurses, psychologists, psychiatrists, etc. For example, some hospitals may deny  treatment for a Sexually Transmitted Infection (STI) because of a persons sexual orientation or gender identity, i.e, if they are a gay, bisexual, etc. In such cases, a person can take appropriate actionRead more

What are the rights of LGBTQ+ persons with respect to mental health?

By Nyaaya | Discrimination, Healthcare for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 1

Trigger Warning: The following content contains information on mental health issues which some readers may find disturbing. Not being a straight person/cisgendered is not grounds for being diagnosed with a mental disorder. This means merely being a LGBTQ+ person does not make someone mentally ill.1 However, when a person experience significant distress due to theRead more

What are the common sexual health issues faced by LGBTQ+ Persons?

By Nyaaya | Discrimination, Healthcare for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 0

Trigger Warning: The following content contains information on sexual health issues which some readers may find disturbing. A person may be at risk of contracting Sexually Transmitted Infections/Diseases (STI/STD) like gonorrhea, syphilis, AIDS, etc., if they are sexually active. The risk of contraction may be higher if a person fall into certain categories. For example,Read more

What is the importance of consent for GAT and Corrective surgery?

By Nyaaya | Discrimination, Healthcare for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 0

When a person goes for any surgery including GAT or corrective surgery, remember that it cannot be done without their written consent. The age of consent for medical procedures is 18 years1, and  consent given by a person of unsound mind or a child below 12 years is not valid. 2 No one including hospitals,Read more

What is gender affirmative therapy and corrective surgery for LGBTQ+ persons?

By Nyaaya | Discrimination, Healthcare for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 0

Typically, those who do not identify with the gender assigned to them at birth may want to go through surgeries to align more strongly with their chosen gender. However, a person does not have to go through any surgeries to be given recognition with their self-identified gender. 1. In this regard, given below are twoRead more

What is the need for LGBTQ+ specific healthcare?

By Nyaaya | Discrimination, Healthcare for LGBTQ+ Persons | 0 comment | 27 December, 2019 | 0

LGBTQ+ persons might have healthcare needs that are specific and unique to their experiences. Some of the common healthcare issues are:  Mental health issues Sexual health issues Physical issues with respect to gender-altering surgeries There may also be a social bias present, which may make accessing adequate healthcare difficult. For example, a therapist may refuseRead more

Love and Relationships for LGBTQ+

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 5 September, 2019 | 0

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 gender. Previously, consensual sexual acts between adults of the same gender were punishable under the law with jail time and a fine. After 2018, such sexual acts are not punishableRead more

Hurting or Injuring LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 1 comment | 4 September, 2019 | 0

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.You can complain against anyone, irrespective of their gender. You can go to the police station to use these gender-neutral laws: HurtingRead more

Complaining/Reporting Problems by LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

LGBTQ+ Persons can complain with the following authorities: Police Go to Police Station You can file an FIR at any police station or the one nearest to you. A friend or relative can also file an FIR on your behalf. If you are a woman or a transwoman, your statement will be recorded by aRead more

Getting Help and Support for LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

It is important to get help and support to protect yourself while complaining about any violence, harassment or discrimination you have faced. Some of the people you can approach are: Legal Support Approach a lawyer to help you with the complaint processes or if you have to go to Court.  If you cannot afford aRead more

Helplines for LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

There are several government helplines, which help by not only giving information, but supporting you through legal processes and putting you in touch with authorities. The following list provides the contact details of the national helplines across India, for the categories mentioned below:  For Violence and Harassment If you have faced any harassment or violenceRead more

Who (LGBTQ+) can File a Complaint

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

If you are facing harassment and violence, some of the laws you can use while filing a complaint are based on your gender identity. Since there are only three recognized categories under the law which are ‘male’, ‘female’ and ‘third gender’ (transgender persons), the laws that apply to you also depend on which category youRead more

Facing Harassment and Violence by LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

You may face harassment or violence on the basis of: Your gender identity where you are being targeted specifically for identifying differently than the gender assigned to you at birth. For example, anti-beggary laws are used very commonly used by the police to arrest and harass transgender persons. Your sexual orientation where you are beingRead more

Getting Bail by LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 30 August, 2019 | 0

When you are arrested, you have the right to apply for bail regardless of your gender identity or your sexual orientation. This right is dependant on the kind of crime you have been arrested for: In cases of Bailable Crimes If the kind of crime you are arrested for is a bailable offence, then youRead more

Custody Harassment by Police of LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 30 August, 2019 | 0

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. You may face harassment/violence in many ways such as:Read more

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      • Healthcare for LGBTQ+ Persons
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      • Manual Scavenging
      • Scheduled Caste & Scheduled Tribes
      • Violence Based on Gender Identity and Sexual Orientation
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      • Care for Parents and Elderly
      • Child Marriage
      • Domestic Violence
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