Archive for October 28, 2015

UGC protest: Student protestors brutally lathi-charged and picked up by Police

studentsprotest-UGC

By Team FI
Students were protesting in New Delhi today against the Modi govt’s decision to scrap the non-National Eligibility Test (NET) fellowship in higher education institutions

•15 students badly injured and taken to the hospital
•50 students picked up by the police and beaten even inside the police van
•Male Police beat up women students. Police charged at the protesters
•The detained students have been taken to Kamla Market Police Station

These are the students fighting for safeguarding the Non – NET scholarship, which is a lifeline for the students of research in higher education institutions in India. The abolishing of this particular scholarship would mean that a large section from the most marginalized section would not be able to take on research or continue into higher education all together. The UGC, which is a very crucial institution in the education sector, is reflecting the same changes as being reflected by the policies of the Central government i. e. the policies of privatization, policies of fund cut and policies which seek to further marginalize the dalits, adivasis and other marginalized sections.

The OccupyUGC movement which has emerged in past few days could be seen as a reaction to not only this particular policy but also other measures like semesterization, fee hikes etc which have already harmed the interests of students to a large extent. The policies are part of the larger planning to sell away education to the private sector such that it would become completely unaffordable for the masses and get confined to the elite and privileged sections of the society. The oppression of the State against students is only increasing, as many as 100 students were detained on the 3rd day of the strike, 23rd October 2015 and the same day many others were brutally lathi-charged.

The situation is drastically changing by the government machinery being more aggressive to the legitimate demands by the student community. The Government is playing with lives of hundreds of students in this country by negating their right to higher education!

Palestinian women from occupied east Jerusalem calling for protection

palestine-women

By Team FI

A coalition of women NGOs and Jerusalemite feminists from occupied east Jerusalem sent out an urgent appeal to the international community calling for “immediate protection” for the Palestinian children, men and women suffering from serious violations of human rights, “constant attacks, excessive and indiscriminate use of force used by the Israeli army and settlers.” The appeal stated that they “live in a state of fear and horror, not knowing how to face the omnipotent power of the highly technologized settler colonial entity.”

Following is the full text of the appeal:
We women of occupied East Jerusalem call for immediate protection as we witness and suffer the widespread and serious violations of Palestinian human rights, including physical attacks and injuries, severe psychological threats, and persecution by the Israeli settler-colonial state and settler entities.

We urge the international community to act and defend the rights of Palestinian children, women, and men, including the right to a safe life amidst the constant attacks, excessive and indiscriminate use of force used by the Israeli oppressive apparatus, acts of violence and daily terror committed by Israeli Jewish civilians, including settlers. This brutality is intimidating our lives, provoking our youth, willfully causing death and bodily and psychological harm, and disabling and injuring of our community members.

We, a group of Palestinian women, mothers, sisters, daughters and youth—and in the name of the “Jerusalemite Women’s Coalition”—call upon the international community to protect our families, community, and children. We are calling for the protection of our bodily safety and security when in our homes, walking in our neighborhood, reaching schools, clinics, work places, and worships venues.

We are calling for protection, for we feel displaced even at home, as the Israeli soldiers, armed settlers, border patrol, and police invade our homes, attack our families, strip-search our bodies, and terrorize us all.

We women of occupied East Jerusalem feel as if we are orphans, without any protection from the Palestinian Authority or the international community, as the Israeli state terrorizes our homes, educational institutions, and public spaces. The state’s imposition of collective punishment and sanctions invade not only our physical spaces and bodies, but also our psyches. We live in a state of fear and horror, not knowing how to face the omnipotent power of the highly technologized settler colonial entity, and militarized Israeli state that regularly executes Palestinians in the streets. Palestinians in occupied East Jerusalem have been abandoned, subject to the discriminatory policies of a violent state and its security and police apparatus.

The current political violence and the lack of any protection, as the Israeli security apparatus is protecting Jews only, jeopardizes women’s safety and her economic, social, psychological, and bodily rights, as well as children’s and men’s safety and security. We call for protection, and the implementation of Security Council Resolution 1325 on women, peace, and security, and urge human rights defenders to protect our community from the Israeli machinery of oppression. Our children must be allowed to reach their schools in peace, and our parents and elderly must be able to reach their work places, health institutions and welfare services with safety. We request that we are able to walk in the streets without fearing the attacks of the Israeli security apparatus and its armed settlers.

We are calling to protect women and girls, who are particularly vulnerable to various forms of state violence and mass atrocities. The economic strangulation of Palestinians by the Israeli settler-colonial powers, that have thus far resulted in the total dependency on the Israeli entity, further traps the lives of Palestinians. The feminization of poverty and the economic strangulation of Palestinians in occupied East Jerusalem enslave Palestinians. The feminization of slavery in the colony is apparent when watching Palestinian women turn into domestic workers humiliated, controlled, and oppressed in Israeli public and private entities.

We are aware that humanitarian law attempts to challenge the inherent inhumanity of wars and colonial-criminality by requiring international actors to protect civilians. International humanitarian law suggests moral boundaries of the exercise of power in situations of mass violence. International humanitarian law’s main object is primarily to protect and aid victims of violence.

We, the women of occupied East Jerusalem,are politically orphaned. We are victims without protection, as the Palestinian Authority has no right to protect us in our city, and the Israeli state treats us as terrorists that should be humiliated, attacked, violated, and controlled. The guerrilla state-style tactics used in occupied East Jerusalem, be it the attacks on Palestinians in the streets, the beating of the young and old, the attacks on children going to and from school, the invasion of violent settlers to our neighborhoods and homes, the control of our life, water, cell phones, internet, mobility, health, economy, and accessibility to other resources, have situated us in human cages—segregated, restrained by Israeli laws and security theology, unable to know what to anticipate and what will come next.

Having to endure all the above difficulties, which have been escalated by Israeli cabinet resolutions and otherwise ignored due to global amnesia, WE ARE CALLING FOR PROTECTION AND URGENT ACTIONS TO PREVENT FURTHER AGONIES, UPROOTING, DEMONIZATION,AND SUFFERING.

Signed by Jerusalemite Women’s Coalition /Al-tajamo’ Al-nasawiy Almaqdasy.
The Coalition includes a group of Women NGOs and Jerusalemite feminists from all segments of society
Jerusalem 24.10.2015

Modi govt set to destroy public higher education in the country!

UGC- studenst-protest

University Of Hyderabad Teachers’ Association has condemned University Grants Commission’s (UGC) decision to scrap non-net fellowships and the use of brutal police violence on protesting students, accusing the government of depriving the rights of higher education for the marginalized

By Team FI
University Of Hyderabad Teachers’ Association (UHTA )has condemned UGC’s decision to scrap non-NET Fellowships by the government. In a press release the Association has accused the government of nullifying “the principles of the Indian Constitution” and stated that this is step would mean that higher education would become even more difficult for the marginalized section of the community. The Association placed the decision in context with Prime Minister Narendra Modi’s meeting with the World Trade Organisation/GATS set to happen in December 2015, where the Association predicted, the “final deals with respect to privatization of higher education in India are supposed to be brokered.”

The press release stated that “the biggest casualties of these measures are of course going to be students from marginalized caste, gender and religious backgrounds. In June 2014, Out of 7 lakh candidates who appeared for the NET exams, a total of around 25000 qualified. Thus, clearly, this decision of the UGC is going to leave more than 96% of our students (who were anyway receiving only a meagre amount of Rs. 5000 for MPhil and Rs. 8000 for PhD) with no scholarship support to pursue their education.”

The following is the full text of the press release:
THE decision of the UGC to scrap non-NET fellowships across the country comes in the wake of the meeting of PM Narendra Modi with the World Trade Organisation/GATS coming up in December 2015, where the final deals with respect to privatization of higher education in India are supposed to be brokered, and the gates are going to be officially opened to imperialist attacks on higher education in this country. Through this decision, the UGC has, in one swift stroke, nullified the principles underlying the Indian Constitution, and sent out a clear message that higher education in this country is no longer meant for the marginalized. Higher education is now being made into a commodity available to only those who can pay for it.

IN 2014 itself, the UGC had off loaded its responsibility of conducting the NET exams to the CBSE, which is a school board, with no prior experience of dealing with University matters. This is in line with the overall attempts of scrapping off the UGC as a whole, by successively curtailing its roles and responsibilities, and keeping the huge number of recently mushroomed private colleges and universities outside of its purview.

In April 2015, an Ministry of Human Resources and Development (MHRD) panel recommended complete scrapping of the UGC, and the setting up of a new body which would be under direct control of the MHRD. Such preparations are essential for pushing policy measures, such as the Central Universities Act, the New Education Policy, fee hikes, privatization, GATS-WTO agreements, grabbing of University lands and resources for private purposes in the name of Public-Private Partnerships, Choice-Based Credit System, etc.

The main motive behind such measures is to centralize powers at the hands of the Central Government, and pave way for unhindered privatization and brahminization of education. The Education Budget of 2015 already saw a jaw dropping budget cut of 17%! In the revised estimates for 2014-15, while school education allocation was cut by around Rs 80,000 crore that of higher education was slashed by Rs 4,000 crore.

With public education infrastructures rendered unviable and inaccessible to majority of the population, and with MoUs being signed with private enterprises for setting up private colleges and universities through treaties such as GATS, etc., the only option that will be left to most will be to seek exorbitant “education loans”, and thus spend a large part of their lives in repaying those loans, even if they somehow get to complete their education and get employment, both of which are anyway going to be unlikely for the bulk of the student population.

THE biggest casualties of these measures are of course going to be students from marginalized caste, gender and religious backgrounds. In June 2014, Out of 7 lakh candidates who appeared for the NET exams, a total of around 25000 qualified. Thus, clearly, this decision of the UGC is going to leave more than 96% of our students (who were anyway receiving only a meagre amount of Rs. 5000 for MPhil and Rs. 8000 for PhD) with no scholarship support to pursue their education. MPhil and PhD students are research workers, which also involves travel expenses to field sites, libraries etc, purchasing of books and other materials, arranging for accommodation and food where there are no free hostels and messes and so on. Even access to many online journals and articles are privileged and one has to pay if one is outside the privileged circles.

The elitist ‘logic’ that justifies a lower payment to a factory worker compared to a manager is the same ‘logic’ where JRF and non-JRF students’ getting differential compensation for the same work finds justification. That too, the lines are being drawn on the basis of the NET exam, whose unscientific mechanical way of evaluation, devoid of any kind of critical analysis, is perhaps one of the worst ways of evaluating knowledge in disciplines such as social sciences and humanities. It is solely based on rote knowledge, and success in the NET can be practically bought using money or cultural capital.

Our education system needs to be overhauled for a better one, and we understand that will not happen in isolation while the society continues with its classist, casteist, ableist, patriarchal, elitist practices. But our hope is that those from the oppressed sections who have managed to get some access, at the cost of a lot of struggle, to this elitist education system, will teach the rest of the society how to be egalitarian and democratic. These measures of the Government to exclude the marginalized from these educational spaces are fatal blows to the democratic aspirations of those who are the victims of this violent socio-economic-political structure, and therefore those of the rest of the society.

THE State looks determined to push these policies through. On the one hand, the Brahmanical rhetoric of “merit” and “entitlement” is employed to gain ideological support from the elites, for such draconian measures. On the other hand, repression through policing of campuses, physical violence, suspensions, rustications, threats, etc., legitimised by circulars such as the UGC Guidelines for Safety and Security of Students, are being inflicted upon students who are struggling against such brutal policies of the Government.
This is also not unrelated with the recent spate of direct physical violence across the country, including even murders, against rationalists, writers, poets, journalists and anyone who is raising questions. The aim is to engineer a conformist socio-political arrangement by weeding out all voices of dissent, together with a compatible education system which is nothing more than a business, accessible to only those who can pay for it. The technocratic idea of “education” that the WTO believes in is “Education (which) is the key ingredient for absorbing new technologies and adapting to change”, as quoted in a WTO document titled ‘Education Policies to make Globalisation more inclusive’, even if the “technology” and the “change” are against people. The “education” that we believe in is the one Periyar E.V. Ramaswamy talks about, when he says, “Only education, self-respect and rational qualities will uplift the down-trodden”. It is a conflict of basic understanding about what education means, and this conflict, in today’s circumstances is inevitable.

UHTA strongly condemns UGC’s decision to abolish non-NET fellowships, along with other such policy measures in the recent times, aimed at destroying public higher education in this country. UHTA is in solidarity with everyone struggling against such measures, and is determined to oppose this till the end. We demand the immediate revoking of this decision. We also demand that the non-NET scholarships be increased, and that UGC be separated from direct control of the Government of India, and all attempts of privatization, communalisation and Brahminization of higher education be immediately stopped!!

University of Hyderabad teachers Association

Stop killing people in the name of cows

Hindu-terrorism

Activists, writers, teachers and students hold protest rally in Hyderabad against the communal killing at Dadri and the casteist violence in Faridabad that claimed the lives of two children

By Team FI
A press release issued by a collective of activists, writers, and individuals detailed their protest on Thursday, in Tank Bund, Hyderabad, in front of the Ambedkar statue. The protest was, the release stated, against “growing spate of atrocities on Dalits and Muslims.”

Given below is the full text of the release:
A group of activists, students and teachers came together today at 6 pm in front of Ambedkar Statue in Tank Bund, Hyderabad to protest the growing spate of atrocities on dalits and muslims. Linking this casteist and communal violence, the protesters held signs such as “Dalit Lives Matter”, “Muslim lives matter” “Stop killing people in the name of cows” and “Annihilate caste! End the murders of dalit children”.

Writers Joopaka Subadra and Professor Sujatha Surepally spoke of the inhumane treatment of dalits and muslims in the name of beef protection, while activist Krupakar Madiga condemned the casteist murder of entire families including children, such as the recent attack on a Dalit family where the whole family was burnt alive and two children died due to their burns in Ballabhgar-Faridabad.

This comes after a history of violence against the community, with another earlier attack in June by the Jats to assert their caste power after the election of a Dalit sarpanch in the area. The Ror community had also attacked Dalits in the area as a mob in April 2013 after an intercaste marriage between a Ror woman and a Dalit man; and 15 Dalit houses were burnt in Mirchpur village in 2011 by Jats.

These attacks are not unrelated to the mounting communal violence in Atali in the same area, where a Muslim man grazing his cattle was attacked with axes, and the entire Muslim community was attacked over the establishment of a mosque on Waqf land. In all these incidents the police and administration explicitly sided with the dominant caste Hindu majority community. This incident comes on the heels of incident in Dankaur where the police themselves stripped and sexually assaulted a family that was protesting police inaction on the issue of the theft of their belongings.

The police have then filed cases of obscenity on the family themselves!

These charges against Sunil Gautam and his family must be IMMEDIATELY WITHDRAWN! The BJP and right wing forces are building up their base on the caste and communal pride of dominant caste Hindu communities. Despite their attempts to appropriate Babasaheb Ambedkar their position on basic issues of political representation and even nutrition of the Dalit community is very clear and similar to their position on Muslim minorities.

The incident of murder of a Muslim man Mohd. Aqlakh who was suspected to be storing beef in his fridge in Dadri by a mob whipped up by the local BJP MLA Somnath Som (who himself ran a beef export company); the severe beating by Bajrang Dal activists of Ibrahim Padubidri who was a cattle trader in Karkala, Udipi; and the mob thrashing until death of a cattle trader in Himachal Pradesh; the murder of Zahid Ahmed in Jammu following rumours of cow slaughter when his cows died of food poisoning – these are all direct attacks on the main source of affordable protein for Dalits, Muslims and working class masses of the country. This chain of attacks must be protested by all those who fight the trend of majoritarian tyranny and who stand for secularism.

Global study on the implementation of UN Security Council resolution on women’s rights

UN-report-women

By Team FI

Fifteen years ago, Security Council resolution 1325 reaffirmed the importance of the equal participation and full involvement of women in all efforts for maintaining and promoting peace and security. In the years since, it has buttressed this decision by adopting six further resolutions on women, peace and security.

The Global study on the implementation of United Nations Security Council resolution 1325 offers new evidence, ideas and good practices that can help generate new commitments and implement old ones. Let us not squander the potential dividends of gender equality for peace and development. Empowering women to end and prevent conflicts is essential and urgent. Here is the full text of the report

Dadri mob lynching: Report by minority commission

Dadri lynching

By Team FI
A team representing the National Commission for Minorities led by its Chairperson Naseem Ahmad visited the Dadri village to assess the situation and the progress of the investigation into the murder of a 50-year-old man by a Hindu right wing mob over rumours that he had consumed beef.
Here is the full text of report

K Satchidanandan quits Sahitya Akademi: It’s an issue of our basic freedom to live, think and write

Satchidanandan

Joining the protests that fellow poets and writers have initiated over the past few months, veteran poet and literary critic K Satchidanandan, quit the Sahitya Akademi expressing his anguish over the Akademi’s failure to uphold freedom of expression and its lack of response over the murder of writers and intellectuals in the country

By Team FI
Veteran poet and literary critic K Satchidanandan has sent at letter resigning from all his positions at the Sahitya Akademi expressing his anguish over the lackadaisical response of the Sahitya Akademi over the murders and suppression of writers and intellectuals in the country.

K Satchidanandan minced no words stating that, “Holding a ritual condolence meeting in a regional office, as the Akademi seems to have done, is hardly an adequate response to the recent attacks on the freedom of expression followed by a series of murders of independent thinkers in different parts of the country. I am sorry to find that you think this is a political issue while to writers like me it is an issue of our basic freedom to live , think and write . Annihilation should never be allowed to replace argument that is the very essence of democracy.”

Here is the full text of the letter

Dear Sri V P Tiwari,
It is with intense pain that I am writing this letter to you. As you are aware I have had a close association with the Sahitya Akademi for almost four decades as a member of the Malayalam Advisory Board, Editor of its journal, Indian Literature, as its chief executive for a decade and later as a member of its General Council and Executive Board and the Convener of the English Advisory Board.

I was always proud of this unique institution conceived by great liberal minds like Jawaharlal Nehru and nurtured by several dreaming minds in the country. I did everything possible to uphold and safeguard its autonomy and to develop it as a national platform of dialogue for writers of all ideological persuasions from every part of India. I was happy that during my tenure as Secretary I could launch several platforms for women writers, dalit writers, tribal writers and young writers and extend the Akademi’s activities to languages not recognised by the Government of India and the Akademi, thus enlarging the scope and reach of the institution beyond its conventional beneficiaries and participants.

I was supported in my transformative endeavours by the many Presidents with whom I worked including the
great writer and thinker U R Ananthamurthy and had several moments of pride when the Akademi dared stand up against the Government of India when its moves went against the writers’ freedom of expression.

I had hoped that the Akademi would continue to uphold its liberal, open and democratic traditions. It was with this hope that I had sent you a letter with the draft of a resolution expressing anguished
concern at the dastardly murder of M M Kalburgi, a Sahitya Akademi Awardee and erstwhile Member, a rare scholar who edited several volumes of the Vachana literature in Kannada and an independent mind
that refused to tolerate bigotry of any kind. But to my great disillusionment my letter as a member of the Executive Board did not even receive a reply from the Akademi, let alone an active response.

I am sorry to observe that the Akademi has failed in its duty to stand with the writers and to uphold the freedom of expression guaranteed by the Constitution of India that seems to be getting violated every day
in the country

Holding a ritual condolence meeting in a regional office, as the Akademi seems to have done, is hardly an adequate response to the recent attacks on the freedom of expression followed by a series of murders of independent thinkers in different parts of the country. I am sorry to find that you think this is a political issue while to writers like me it is an issue of our basic freedom to live , think and write. Annihilation should never be allowed to replace argument that is the very essence of democracy.

I thank the Akademi for all that it has given me in lieu of the many years of dedicated service I have given it; but as a concerned citizen and writer my conscience does not permit me to continue on its
General Council and its Executive Board. I hereby abdicate all my positions in the Sahitya Akademi including the Convenorship of the English Advisory Board and the membership of its several committees
like the Finance Committee, Grants Committee and Building Committee.

With warm personal regards,
Sd/
Prof K. Satchidanandan

Urdu novelist Rahman Abbas’s open letter to fellow writers: Return your award in protest

Urdu-writer-rahman-abbas

By Team FI
Urdu novelist Rahman Abbas returns his Maharashtra State Sahitya Academy Award and entreats his fellow Academy Award winners to return their awards to protest against the killing of creative writers and raise their voices against fascism, right wing intolerance and lawlessness in the country

Here is the full text of the letter
Friends and fellow writers,
The social and political scenario of our beloved country is worsening with every passing day. Right wing forces have polarized nation in the name of religion, caste and ethnicity for political gains. Dissent is systematically crushed and rational thinkers and writers are threatened and brutally killed in broad daylight. The central and state governments don’t show any eagerness to hold and punish murderers of Narendra Dabholkar, Comrade Govind Pansare and Prof Kalburgi. The State is seemingly hesitant and hiding behind various excuses from banning organizations, which had reportedly played clandestine role in heinous crimes.

Against this rampant violence, intolerance and anarchy Hindi writer Uday Prakash, English novelist Nayantara Sahgal, Hindi poet Ashok Vajpeyi have returned Sahitya Academy Awards. Nayantara Sahgal had said yesterday that returning award was a protest against ‘vicious assault’ on Indian’s diversity, whereas Ashok Vajpeyi had reacted that ‘It is high time that writers take a stand.’ Vajpeyi had further said that Sahitya Academy had failed to rise to the occasion and respect its autonomy.

Moreover, on the 4 October six Kannada writers had returned literary awards in protest over delay in the inquiry into murder of Prof Kalburgi. The Kannada writers, Veeranna Madiwalar, T. Satish Javare Gowda, Sangamesh Menasinakai, Hanumanth Haligeri, Shridevi V Aloor and Chidanand Sali were conferred state Sahitya Academy Awards in the year 2011. These authors had returned awards to put pressure on the state govt to hasten the probe and nab the culprits behind the murder of Prof Kalburgi.

This is high time, as said by Ashok Vajpeyi, and we cannot remain voiceless. Hence, I request senior Urdu writers, poets and critics including Nida Fazli, Salam Bin Razzak, Abdus Samad, Javid Akhtar, Gulzar, Munawwar Rana, to register protest against murder and killing of creative writers by returning Sahitya Academy Awards. This might be a small step but in such volatile times, it is inescapable. It is our duty to raise voice against fascism, right wing intolerant forces and lawlessness which was promoted as a strategy to divide country on the lines of religion, sentiments of segments and dogmatic cultural doctrines.

I am an ordinary person. However, in the year 2013, I was awarded by State Sahitya Academy on my third novel ‘Khuda Ke Saaye Mein Ankho Micholi’ (Hide and Seek in the Shadow of God), hereby I announce that I am going to return this award to the state. I demand that the state punish forces who had killed Narendra Dabholkar and Comrade Pansare. I demand central govt to hold forces responsible who had instigated mob who killed Mr Akhlaq in Dadri. I urge senior Urdu writers to take a stand as this is high time and our secular democracy is under attack.

My friends and fellow writers, history will judge you for your stances taken at such high times. Don’t disappoint me.
Rahman Abbas

Remarkable judgment by Delhi High Court upholds rights of a transperson

Shivy-transgender-case

Stating that gender identity and sexual orientation are fundamental to the right of self-determination, dignity and freedom of individuals, Delhi High Court says that in its understanding of the law everyone has a fundamental right to be recognized in their chosen gender

By Nazariya- Queer Feminist Resource Group

In the wake of a controversial case of illegal confinement of an adult transperson and withholding of his travel and identity documents by his family, Justice Siddarth Mridul of the Delhi High Court has passed an important judgement upholding the rights of Shivy as a transgender on October 5, 2015.

19-year-old transgender person Shivy, a citizen of India but a resident of the United States of America was illegally confined in his grandparents’ home in Agra when he came with his parents to visit his grandparents last summer. While he was a victim of domestic abuse by his family even in his California home, on this visit to India his passport and green card were confiscated by his family and was forced to remain in Agra under their control. Even under this duress, Shivy managed to contact Delhi based queer feminist resource group Nazariya and other queer rights activists and sought their help to come to a safe space in New Delhi.

Despite leaving a note informing his family that he was leaving of his own free will, his parents filed a missing person’s complaint with UP Police. The activists who helped Shivy were put under surveillance, harassed and threatened by the Police. Subsequently lawyers Menaka Guruswamy and Arundhati Katju, Shivy and the LGBT activists approached the Delhi High Court on September 22, 2015 seeking protection for Shivy, his friends and well wishers from harassment, intimidation and coercion, and to ask for the return of his passport and green card from his family.

Transgenders have long lived on the fringes of society, often in poverty, ostracized severely, because of their gender identity

In an outstanding judgment on the case dated 5th October, 2015, Justice Siddarth Mridul stated that “The present petition highlights and brings to the fore the socio-economic marginalization and exclusion of those whose behavior is considered “inappropriate” by society. It clearly demonstrates that those who do not conform render themselves vulnerable to harassment and violence not just by the Police but also by society that ridicules them. Transgenders have long lived on the fringes of society, often in poverty, ostracized severely, because of their gender identity. They have for too long had to endure public ridicule and humiliation; have been socially marginalized and excluded from society, their basic human rights have been severely denuded.

The judgement reads, “Despite the decision of the Hon’ble Supreme course in National Legal Services Authority v. Union of India and Ors: (2014) 5 SCC 438, the trauma, agony and pain, which members of the transgender community have to undergo continues unabated.

It further says, “Every human being has certain inalienable rights. This is a doctrine that is firmly enshrined in our constitution. Gender identity and Sexual orientation are fundamental to the right of self-determination, dignity and freedom of individuals. A transgender’s sense or experience of gender is integral to their core personality and sense of being. Insofar as, I understand the law, everyone has a fundamental right to be recognized in their chosen gender. This view is buttressed by the landmark decision of the Supreme Court in National Legal Services Authority (supra)”

Upholding the rights of transgender persons, the judgement also says, “There is, thus, no gainsaying the fact that transgenders enjoy basic human rights including protection from violence and discrimination. They have the right to dignity and self-determination.”

The judgement also mentioned the false FIR lodged against Unknown persons supporting and helping Shivy in the time of help. Mr. Avi Singh, Additional Standing Counsel (Crl.) assured the court that Delhi Police does not intend to take coercive steps either against Shivani or against those who offered to support her.
Despite being served notice, there was no representative from respondent No. 2 the State of Uttar Pradesh but the court has issued a direction to respondent No. 2 not to harass or illegally confine anybody from within the territorial jurisdiction of this court except in accordance with the procedure established by law.