LGBT Inclusion: Is Corporate India Ready?
Beyond Section 377 of the Indian Penal Code
Posted on 10-23-2018, Read Time: Min
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In a historic verdict, the Supreme Court of India on September 6, 2018, decriminalised the Section 377 of the Indian Penal Code (IPC) and made homosexual relations legal among consenting adults in private.
A five judge Constitution bench of the Supreme Court unanimously decriminalised part of the 158-year-old colonial law which criminalises consensual ‘unnatural sex’.
While on one hand the highest court of law of the country delivered a landmark victory for gay rights in India. On the other hand it is still beyond doubt that the road ahead is long and ardent for the LGBT community to get the fair share of their rights; especially when social acceptance is yet to come.
Ashok Row Kavi, a journalist-turned-gay-activist, who founded the Mumbai-based LGBT rights NGO Humsafar Trust in 1994, says, “We are now more impelled after the verdict. It is still not safe for us and we are facing backlashes. Now that the verdict is out, the actual problems are coming to the front. The societal issues are large. A person belonging to the LGBT community cannot nominate their partner in an LIC policy, and even your will can be challenged in the court of law if your gay partner is a nominee.” He was speaking at the SHRM India Annual Conference & Exposition 2018 held recently in New Delhi, India.
Ashok has been one of the many petitioners who fought for removing Section 377. He is also the first man to publicly come out as a homosexual in India way back in 1984.
A five judge Constitution bench of the Supreme Court unanimously decriminalised part of the 158-year-old colonial law which criminalises consensual ‘unnatural sex’.
While on one hand the highest court of law of the country delivered a landmark victory for gay rights in India. On the other hand it is still beyond doubt that the road ahead is long and ardent for the LGBT community to get the fair share of their rights; especially when social acceptance is yet to come.
Ashok Row Kavi, a journalist-turned-gay-activist, who founded the Mumbai-based LGBT rights NGO Humsafar Trust in 1994, says, “We are now more impelled after the verdict. It is still not safe for us and we are facing backlashes. Now that the verdict is out, the actual problems are coming to the front. The societal issues are large. A person belonging to the LGBT community cannot nominate their partner in an LIC policy, and even your will can be challenged in the court of law if your gay partner is a nominee.” He was speaking at the SHRM India Annual Conference & Exposition 2018 held recently in New Delhi, India.
Ashok has been one of the many petitioners who fought for removing Section 377. He is also the first man to publicly come out as a homosexual in India way back in 1984.
Is Corporate India LGBT Inclusive?
A few companies have already began their journey towards gender equality and a more inclusive future, however, their numbers are grossly low.
“There is nothing that is prohibiting companies from being more LGBT inclusive. However, many are still not very open about their inclusive policies. They fear this would lead to abetting of crimes in office. Most still follow the ‘Don’t Ask, Don't Tell' policy,” notes Veena Gopalakrishnan, an Employment Law Expert at AZB & Partners.
Companies such as Godrej, ICICI, The Lalit hotel chain, and Barclays have opened doors for the 90 million people who identify themselves as LGBT in India. As per studies, companies that have an ethnically diverse workforce outperform their peers by 30-35%. However, there is also a prejudice that the LGBT community does not have merit, so not many are open to hire from this community.
Amita KaradKhedkar, a transgender herself, who is the Assistant Vice President at Barclays, likes to differ. As she says, “When it comes to meritocracy, we assume that meritocratic recruitment is purely meritocratic. Secondly, we assume that merit is clearly articulated and defined. Thirdly, we strongly believe that representation based hiring is not meritocratic. All these assumptions lead to unconscious bias and that leads to not having representation.”
The community is being shut out from several other fronts too. HR has to start rethinking a lot of its policies to bring in actual diversity and inclusion.
“Is the company unintentionally practicing a hostile environment by not being gender just? This can affect its productivity. Are there gender neutral bathrooms in your company? Is the LGBT community represented in your sexual harassment policy or your corporate insurance policies? Is there a ‘Ghar Vapsi’ model practiced for those who were forced to leave, for those who have undergone a gender transformation, or are on a sabbatical due to the fear of repercussion? One needs to start thinking from all these fronts,” adds Amita.
“There is nothing that is prohibiting companies from being more LGBT inclusive. However, many are still not very open about their inclusive policies. They fear this would lead to abetting of crimes in office. Most still follow the ‘Don’t Ask, Don't Tell' policy,” notes Veena Gopalakrishnan, an Employment Law Expert at AZB & Partners.
Companies such as Godrej, ICICI, The Lalit hotel chain, and Barclays have opened doors for the 90 million people who identify themselves as LGBT in India. As per studies, companies that have an ethnically diverse workforce outperform their peers by 30-35%. However, there is also a prejudice that the LGBT community does not have merit, so not many are open to hire from this community.
Amita KaradKhedkar, a transgender herself, who is the Assistant Vice President at Barclays, likes to differ. As she says, “When it comes to meritocracy, we assume that meritocratic recruitment is purely meritocratic. Secondly, we assume that merit is clearly articulated and defined. Thirdly, we strongly believe that representation based hiring is not meritocratic. All these assumptions lead to unconscious bias and that leads to not having representation.”
The community is being shut out from several other fronts too. HR has to start rethinking a lot of its policies to bring in actual diversity and inclusion.
“Is the company unintentionally practicing a hostile environment by not being gender just? This can affect its productivity. Are there gender neutral bathrooms in your company? Is the LGBT community represented in your sexual harassment policy or your corporate insurance policies? Is there a ‘Ghar Vapsi’ model practiced for those who were forced to leave, for those who have undergone a gender transformation, or are on a sabbatical due to the fear of repercussion? One needs to start thinking from all these fronts,” adds Amita.
Conclusion
The journey ahead won’t be easy. However, the onus is on HR and on the company’s leadership to make its workplace safer for all its employees.
There are 300 LGBT organisations in India. Companies should take help from them to build LGBT sensitivity at their workplaces and create more open work environments to avail this $1 trillion worth global economy.
“Companies should start reviewing their policies, benefits, redressal mechanisms, sensitize its workforce and lead by example,” signs off Veena.
There are 300 LGBT organisations in India. Companies should take help from them to build LGBT sensitivity at their workplaces and create more open work environments to avail this $1 trillion worth global economy.
“Companies should start reviewing their policies, benefits, redressal mechanisms, sensitize its workforce and lead by example,” signs off Veena.
Author Bio
| Deepa Damodaran is Editor of Excellence Publications at HR.com. Visit crm.hr.com Connect Deepa Damodaran Follow @DeepaDD |
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