Khaitan & Co recently launched a Compendium on LGBTQIA+ rights, the first of its kind by an Indian law firm..The compendium provides a comprehensive overview of the legal framework that applies to the LGBTQIA+ community, including their constitutional and privacy rights. It includes a list of key legal provisions from both Central and state laws, as well as important international human rights conventions that pertain to the community.In addition, the compendium offers a helpful glossary of terms related to sex, gender, sexuality and various umbrella and community-specific terms, which can aid readers in better understanding and communicating about the issues faced by the community..It also contains summaries of key judicial precedents relevant to the community, covering issues such as fundamental rights, marriage and live-in relationships, recognition of identity, social protection and employment to help readers gain a better understanding of how the law has evolved to protect and uphold the rights of the LGBTQIA+ community..The compendium was assembled by lawyers from Khaitan & Co Nandini Khaitan (Partner), Deeksha Malik (Senior Associate), Dnyaneshwari Chincholikar (Associate), Saranya Mishra (Associate) and Saniya Mirani (former Associate)..Bar & Bench's Satyendra Wankhade interviewed Nandini Khaitan to gain insight into what motivated the firm to create this compendium, and what impact they hope it will have..Edited excerpts follow..What inspired your law firm to compile a compendium on LGBTQIA+ rights?.As a firm, we have a strong diversity, equity and inclusion (DEI) initiative called ARISE, which is committed to nurturing an inclusive work environment. ARISE has four DEI verticals – LGBTQIA+, gender, mental health and disability and has over 40 firm professionals as part of its voluntary member resource group. We demonstrate the firm’s solidarity towards the LGBTQIA+ community throughout the year through various activities. In 2022, some of us in the member resource group decided to invest in this project.The firm as a whole and the authors of the compendium have always championed the cause of access to information. We believe that in order to lead a fulfilling life, people should be able to make choices without being discriminated against. The ability to make these choices arises from awareness of rights. Awareness in turn depends on access to information. One must know and understand the rights and then only can there be an ability to exercise them.Therefore, our goal was to create a compendium that outlines individual rights, relevant case laws, FAQs and a glossary of terms relevant to the community. The aim was also to make the information easily available. Thus, we have put out a QR code which can be scanned for reading the compendium in addition to accessing it on the firm’s website..What impact do you hope it will have on the legal community and society at large?.It's not just about the legal community or the LGBTQIA+ community; this compendium is really for everyone. It is equally important for those outside the community to participate in the conversations, understand the issues involved and then improve the situation. If only people from the community speak about their problems and hardships , inclusion will travel a more difficult and longer journey. We learned so much in the process of writing this compendium. Some of the issues that we came across while researching case laws were eye-openers on the kind of problems that are out there. So many things that are taken for granted by many, members of the LGBTQIA+ community have to really struggle for. Something basic as a birth certificate with the gender one identifies with being denied, to a trans woman being refused pension which is to be given to a daughter, to harassment and confinement by family members to prevent a same-sex relation. We also learnt the importance of using the right terminology while addressing the LGBTQIA+ community and accordingly, included a glossary to sensitise on the correct terms to be used.To your specific query, we hope that it is helpful for members of the LGBTQIA+ community in understanding the nature of issues that they face, the rights they have and for the legal community to support their rights in an empathetic manner..What, according to you, are some of the challenges in implementing international human rights conventions in India?.Implementing these changes in practice will require a significant shift in mindset over time. While the reading down of Section 377 was a big step towards this shift, the need of the hour is to continue to interpret laws and also enact them to mirror the times that humanity lives in. .[Read Compendium].The compendium can also be accessed by scanning this QR code:
