3. About Ondede
Ondede is a transgender led human rights convergence
organization working with working class intersex, gender and
sexuality minorities in Karnataka and across the world.
We ensure that the dignity - voice - sexuality of the gender non
conforming children, transgender and sexuality minorities shall
be brought before the social structures and the constitutional
authorities to build and create public education to eradicate all
forms of social discrimination and fight for social inclusivity.
4. Ondede believes that the state and federal government policy would
uplift the most marginalized and oppressed communities through
engagements with the legislature executive judiciary beaurocracy and
stakeholders.
Ondede conducts trainings on sex, gender, and sexuality, human rights
to many government, private and educational institutions i.e,
Lalbahadur Shasrti National Academy of Administration- LBSNAA-
Mussoorie, Karnataka Judiciary, Karnataka Police Academy,
Administrative Training Institute- Mysuru.
5. Our mission involves establishing critical linkages between
diverse social justice movements, fostering a platform for
interaction and dialogue. We aim to enhance evidence-based
advocacy, policy and practice, creating a knowledge hub to
empower the most marginalized communities, along with
Ondede_Yuva Dhwani, Ondede_Study Circle
7. What is Convergence:
Bringing across movements together
to speak and break stereotype and
Social construct norms about Sex
Gender and Sexuality.
To build a movement of Convergence
to ensure Dignity Voice Sexuality of
Gender Non Conforming Children,
Transgender and Sexuality Minorities
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Mission 02
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Mission 04
SEX : TWO
DEFENITIONS
Born Sex
Sexual Acts between
consenting adults
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10. What should be age of
consent to a child in India?
Age of Consent:
12. Differences in Using Terminologies
Percentage
Gender and Sexuality
Minorities-Movement Building
MSM- TG- Service Oriented
HIV/TB/etc
LGBTQI++ (Globally)
Jogappa, Malladi, Jogtas,
Nirvana, Satla, Panthisatls
(Locally)
13. Group Discussion
Percentage
•About who is woman and man
and characteristic of gender,
religious and caste perspectives
through diagram.
•Finally Conclusion)- Self
identity and self acceptance
15. Culture & Tradition
Ayyappa, Ardhanareeshwara, Kujaraho
sculptures, Pope Francis statement
Referrals of Sacred Books( Everyone
accepts) Patriarchy and Men
Domination not accepting and why ?
17. Section 377
So this law was nothing but a residue
of the orthodox Victorian morality
which had no place in a democratic
country like India.
Section 377 of IPC which criminalised
all kinds of non-procreative sexual
intercourse was enacted in the pre-
independence era by the British
colonial Government.
18. Decriminalization of Section 377 - Delhi
HC 2009 welcoming
In the case of Naz Foundation Govt. v. NCT of Delhi,
the High Court of Delhi held that Section 377 of IPC
imposed an unreasonable restriction over two
adults engaging in consensual intercourse in
private. Thus, it was in direct violation of their
basic fundamental rights enshrined under Articles
14,15,19 and 21 of the Indian Constitution.
19. The outcome of the landmark
case
Former Chief Justice A.M. Khanwilkar mentioned that the most common argument
against criminalizing homosexuality is claiming that the essential purpose of sex is to
procreate. In light of this argument, Justice Deepak Mishra wrote:
Thus, the Supreme Court, ruled that gay sex among consenting adults is not a criminal
offence. It held that Lesbians, Gays, Bisexuals, and Transgenders possess the same
constitutional rights as the other citizens of this country. It termed homosexuality as a
biological phenomenon, and any discrimination on this ground would violate fundamental
rights.
20. Recriminalization of Section 377 -
Supreme Court- Disappointed 11/12/13
The judges stated that "a miniscule fraction of the country's population
constitutes lesbians, gays, bisexuals or transgenders" and that the High
Court had erroneously relied upon international precedents "in its
anxiety to protect the so-called rights of LGBT persons". On 11
December 2013, the Supreme Court of India set aside the 2009
judgement given by the Delhi High Court stating that judicial intervention
was not required in this issue. This in effect recriminalized sexual
intercourse "against the order of nature".
21. The Supreme Court’s
iconoclastic judgement faced
immense criticism from every
nook and corner for erasing
basic human rights of
homosexuals. The result was
that public discourse about LGBT
rights witnessed an upsurge in
India.
22. 377 again decriminalised-National
Legal Services Authority v. Union of India (2014)
April 15th, 2014. On this day, the bench of Justices K. S. Radhakrishnan
and A. K. Sikri delivered a landmark decision in the case of National
Legal Services Authority v. Union of India, popularly referred to as the
NALSA judgment. This judgment highlighted India as a country that
asserts the importance of gender equality, as it declared transgender
people who do not fall into the male or female categories to be in the
‘third gender’ category. It was observed that the basic rights conferred
under the Indian Constitution would be equally applicable to all or any,
including transgender people, and granted them the right of gender
identity, which originally only included male or female, but now also
includes the right to choose their sex in the third gender category.
26. ‘LGBT community the basic rights and freedoms
they deserved as human beings’- Navtej Singh
Johar v. Union of India (2018) welcoming verdict
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27. The court found that Section 377 violates the right of members of
the LGBTQI community to dignity, identity, and privacy, all covered
under Article 21 of the Constitution Two judges found that it violates
the right to health, because the criminalization of homosexual
intercourse makes members of the LGBTQI community hesitate to
seek medical advice and that they are therefore more susceptible
to sexually transmitted diseases However, Section 377 of the IPC
has not absolutely been struck down. It still covers bestiality and
nonconsensual intercourse. Since, the court negate the provision
as far as it applies to consenting adults, the provision still
presumably applies to consensual sexual intercourse among
minors of the same gender. Under Section 375 of the IPC, as altered
in 2013, even consensual sexual intercourse among heterosexual
minors, if the girl is under 18 years of age, is considered to be rape.
28. Supriya Chakraborty and Anr v. Union of India W.P.C No.
1011 of 2022 - Marriage Equality Verdict Disappointed
• No Inherent Right to Marriage: Marriage is not an inherent, unqualified right, but rather one
subject to statutes and customs.
• No Right to Civil Union Without Legal Framework: Legal recognition of civil unions, akin to
marriage, can only be established through an enacted law. The Court cannot mandate or
create such a legal status.
• No Legal Status for Queer Couples: Queer couples have the right to form emotional, mental,
or sexual relationships, drawing from the right to privacy, choice, and autonomy.
However, this doesn't grant them legal status or entitlement to union of marriage.
• Validity of Special Marriage Act: The challenge to the Special Marriage Act in terms of
recognizing same-sex unions is dismissed.
29. • Entitlement to Compensatory Benefits and Welfare Entitlements: Indirect
discrimination affecting queer couples regarding entitlement to compensatory
benefits or welfare entitlements tied to marital status should be addressed and
eliminated by the Central Government.
• Establishment of a High-Powered Committee: A high-powered committee (HPC)
chaired by the Cabinet Secretary, appointed by the Central Government, should
comprehensively examine factors related to same-sex marriage, considering the
input of all stakeholders, states, and union territories.
• Transgender Persons' Right to Marry: Transgender individuals in heterosexual
relationships are free to marry.
• No Right to Adopt Children: Under current law, queer couples do not have the right
to adopt. Regulation 5(3) of Central Adoption Resource Authority Regulations
(CARA Regulations), which bars unmarried individuals from adopting, is upheld.
However, CARA and the Central Government should consider the implications for
de facto families where single individuals are allowed to adopt and subsequently
enter non- matrimonial relationships.
• Protection Against Involuntary Medical Treatment: The state must ensure that the
cohabitation rights of queer couples are not violated, and steps should be taken
to prevent involuntary medical or surgical treatment of queer and transgender
individuals.
30. Private Members Bill: Tiruchirappalli
Shiva 2016-17
• aim to reserve 2% of seats in primary, secondary and
higher education institutions funded by the
government, and in government jobs.
• mandates formation of special employment exchanges
for transgender people.
• formation of special transgender rights courts
• the formation of national and state-levels commission
for transgender people
31. • specifies the right of a transgender child to a home and
imposes conditions for foster care
• details the offenses and penalties. The maximum
penalty for hate speech against transgender people in 1
year imprisonment with fine.
