trans persons’ right to bodily autonomy or recognize their agency.85
The legislation mandates a long and arduous process for legal gender
recognition, with a high degree of control and power given to a single
government agency.86
In response to guidelines set in 2017, the Indian government also moved
in 2023 to exclude sexual and gender-diverse persons and sex workers
from donating their blood, citing “scientific evidence”.87 Activists note that
this is a violation of India’s anti-discrimination laws.88
This means, that despite all of this, there have been no structural gains
for queer rights sponsored by the BJP government. The alignment of
certain segments of the LGBTQI+ community with the BJP’s nationalist
agenda, including support for a uniform civil code that undermines
Muslim Family Law, has influenced the approach to LGBTQI+ rights in
India. In 2020’s Pride marches, some organizers even collaborated with
the police to identify protesters who were speaking out against the antiMuslim Citizenship Amendment Act.89
STRUGGLE FOR LGBTQI+ RIGHTS
In Pakistan, celebrated 2018 legislation dedicated to the protection of
trans and gender-diverse persons, the Transgender Persons (Protection
of Rights) Act, was read as “incompatible with Islamic principles” by
a federal religious court in 2023. Accordingly, the court struck down
numerous sections of the law.90 The ruling has intensified existing
concerns about the high levels of transphobic violence in Pakistan, where
90 percent of transgender people reportedly face physical assaults.91
The removal of key provisions from the act has led to the denial of gender
self-identification, legal protection, inheritance rights, healthcare access,
education, employment, housing, and social welfare for transgender
85
Knight, K. (2019). India’s Transgender Rights Law Isn’t Worth Celebrating. Human Rights Watch. https://www.hrw.
org/news/2019/12/05/indias-transgender-rights-law-isnt-worth-celebrating
86
Ibid.
87
Dasgupta, S. (2023). India’s government opposes blood donations by LGBT+ community by citing ‘scientific evidence’. Independent. https://www.independent.co.uk/asia/india/india-transgender-lgbt-blood-donation-b2301274.html
88
Raj, T. K. (2021). We don’t want your blood’ exclusion of Sexual Minorities from Blood Donation. Centre for Law
and Policy Research. https://clpr.org.in/our-work/transgender-rights/
89
Queerbeat. “In Modi’s India, No Structural Gains for Queer Rights, Only Symbolic Victories.” https://www.queerbeat.org/stories/in-modis-india-no-structural-gains-for-queer-rights-only-symbolic-victories
90
Amnesty International. (2023). Pakistan: Revocation of rights of transgender and gender-diverse people must be
stopped. Amnesty International. https://www.amnesty.org/en/latest/news/2023/05/pakistan-revocation-of-rights-of-transgender-and-gender-diverse-people-must-be-stopped/
91
Riaz, M. M. A. & Awan, M. M. (2023). “Transgender rights in Pakistan: implications of Federal Shariat Court ruling”. The Lancet Psychiatry. Vol 10, No. 8, E20. https://doi.org/10.1016/S2215-0366(23)00191-8
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