Recognising Queer Rights in India: The New Policy Proposals and Their Relevance for UPSC Aspirants

By Suryavanshi IAS Institute – Shaping Ethical and Inclusive Bureaucrats

🔍 Introduction

In a major policy development, a detailed policy brief submitted to the Union Government’s High-Powered Committee suggests wide-ranging executive and legislative reforms to ensure the rights and dignity of queer individuals in India. This brief addresses issues around non-recognition of queer relationships, discrimination, conversion therapy, healthcare, residence rights, reservations, and more.

For UPSC aspirants, understanding this issue is crucial, as it touches Constitutional values, social justice, gender identity, legal reforms, and public administration ethics. This article will link the recommendations with relevant UPSC syllabus, previous years’ questions, and Indian social systems.

🧾 Key Highlights of the Policy Proposals

🔹 1. Civil Union Framework

Proposes recognising non-marital queer relationships legally.
Calls for gender-neutral language in the Special Marriage Act and Indian Succession Act.
Seeks repeal of the “objection and notice regime” in marriages.

🔹 2. Horizontal Reservation for Transgender Persons

Suggests reservation in school and higher education, and public employment.
Calls for removal of medical procedures to establish gender identity.

🔹 3. Inclusive Education and School Reforms

Inclusion of queer individuals in school processes and student grievance redressal.
Introduction of queer-affirmative teachers.
Introduction of “open sports” categories.

🔹 4. Amendments to Criminal and Workplace Laws

Re-introduction of a provision similar to Section 377 IPC for non-consensual acts.
Inclusive workplace harassment laws.

🔹 5. Healthcare and Protection

Ban on conversion therapy (already declared professional misconduct by National Medical Commission).
Prohibition of unnecessary intersex surgeries.
End blanket ban on blood donation by queer persons.

🔹 6. Tenancy, Shelter & Welfare

Amendments to tenancy and cooperative society laws.
Expansion of Garima Greh scheme for all LGBTQIA+ individuals.
Propose nomination rights in financial services and labour welfare.

📜 Constitutional Backing and Supreme Court Judgements

Article 14: Equality before law
Article 15: Prohibits discrimination on grounds of sex
Article 21: Right to life with dignity
Navtej Singh Johar v. Union of India (2018) – Decriminalised consensual same-sex relations
NALSA v. Union of India (2014) – Recognised transgender as the third gender
Supreme Court's 2023 same-sex marriage verdict: Directed Centre to address non-marriage legal rights of queer persons through a high-powered committee.

🧠 Relevance to UPSC Syllabus

📍 GS Paper I – Indian Society

Salient features of Indian society, Diversity of India
Role of women and women's organisation, population and associated issues
Social empowerment, communalism, regionalism & secularism

📍 GS Paper II – Governance, Constitution, Polity

Government policies and interventions
Mechanisms, laws, institutions and Bodies for protection of vulnerable sections
Role of civil society, NGOs, SHGs, and pressure groups

📍 GS Paper IV – Ethics, Integrity and Aptitude

Ethics in public administration
Compassion towards weaker sections
Case studies involving equality, justice, and inclusivity

📅 Previous UPSC Questions Relevant to This Topic

Prelims Questions

UPSC Prelims 2020

Consider the following statements:

The NALSA judgment pertains to transgender rights.

The Navtej Johar case dealt with marital rape.
Which of the statements is/are correct?
Answer: 1 only

UPSC Prelims 2023

Which of the following is true regarding Article 15 of the Constitution?
(a) It allows discrimination on the grounds of sex.
(b) It prohibits discrimination on the grounds of sex.
(c) It allows only the State to discriminate.
Answer: (b)

Mains Questions

GS I – 2023

Discuss the challenges faced by the LGBTQIA+ community in India and suggest policy-level changes to ensure social justice.

GS II – 2020

“Transgender Persons (Protection of Rights) Act, 2019 has not fulfilled its intended objectives.” Critically examine.

GS IV – 2022

A case study where a civil servant must decide between following societal norms and ensuring inclusive policies for queer students.

🧬 Indian Social Systems & Queer Rights

Traditional Indian society has been heteronormative, where gender roles and marriage institutions were rigid. Though ancient texts and folklore included references to gender fluidity, colonial laws like Section 377 criminalised non-normative identities.

The modern Indian social fabric is witnessing transitions:

Urban areas are becoming more inclusive.
Rural areas still reflect stigma and violence.
Religious and caste systems influence acceptance and discrimination.

This makes policy intervention critical, especially for grassroots inclusion, education reforms, and legal recognition.

✍️ Way Forward for Bureaucrats & Policymakers

Sensitivity training for bureaucrats and educators
Inclusive curriculum in NCERT and SCERT books
Queer representation in policymaking
Public awareness campaigns through Doordarshan, MyGov, etc.
Periodic reviews of laws and their implementation at the local level
Support data collection and disaggregated surveys for queer individuals in Census and NSSO

🏁 Conclusion

The new policy recommendations signal a paradigm shift in queer rights discourse in India—from tolerance to recognition and empowerment. As UPSC aspirants and future civil servants, it is essential to internalise constitutional morality, administrative ethics, and social inclusiveness in every decision.

✨“Inclusion is not a privilege, it is a right.”

Let us study not only to crack exams, but to build a society where everyone—regardless of identity—can thrive.

📌 For More Insightful Blogs and Policy Updates, Visit:

http://suryavanshiias.blogspot.com
📞 Contact: 06306446114
📍 Address: 638/20(K-344), Rahul Vihar, Near Tulsi Car Care, Lucknow
🧭 Foundation Course for UPSC after 10+2 standards starting from 15 July 2025 – Join Today!

Suryavanshi IAS

Friday, July 11, 2025