We the people, born as LGBTQIA+ citizens, organised in this assembly, believing that ignorance, neglect or contempt of the rights of human beings, is the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn declaration, the natural, unalienable, and sacred rights of LGBTQIA+ citizens, in order that this declaration, being constantly before all the members of the society, will ceaselessly remind them of their rights and duties.
Therefore, this assembly recognizes and proclaims (in the presence and under the auspices of the supreme being) the following rights of the people:
Articles I-V Of The Declaration
Article I: All human beings are born free and equal in rights and dignity, and continue to remain so.
Article II: The state shall secure the right to life and security of the person of the LGBTQIA+ citizens, and the people shall pledge allegiance to the concerned sovereign.
This social contract between the state and its subjects, is binding on all parties without distinction and will continue to remain so. The rights and obligations shall not be waived.
Article III: The purpose of the state is to secure to all its citizens:
- Justice – social, economic and political;
- Liberty of thought, expression, belief, faith and worship;
- Equality of status and opportunity.
The LGBTQIA+ citizens rightfully deserve to receive such security, equally and without any distinction on the grounds of their gender identity and/or sexual orientation.
Article IV: Law can only prohibit such actions as are hurtful to society. Nothing that is not forbidden by law may be prevented, and no one may be forced to do anything not provided for by law.
LGBTQIA+ citizens have the right to be protected against any vigilantism or zealousness, that infringes or attempts to infringe this provision.
Article V: The law as an expression of the general will, must be formed through the contribution of all non-binary, women and men citizens, regardless of their sexual orientation, either in person or through a representative.
LGBTQIA+ citizens have a right to participate in political and social processes and a right against exclusion from the polity and/or society. The law so made through must be the same for all, and all must be treated equally before the law, regardless of their gender identity or sexual orientation.
Articles VI-X Of The Declaration
Article VI: As nature calls upon the birds to weave nests, and on beasts to perform courting rituals, it calls upon humans to forge marital relationships and create families.
LGBTQIA+ citizens have the right to establish the matrimony of their choice, which shall be accepted and acknowledged by the state and society. The state shall recognise and secure the rights and obligations stemming from such a relationship.
Article VII: Since the property is an inviolable and sacred right, no one shall be deprived thereof except in case of public necessity, with a just and prior compensation.
LGBTQIA+ citizens shall enjoy the same ownership and inheritance rights as other women and men, and not be deprived of ownership of property or inheritance, through blood or matrimonial relations.
Article VIII: Everyone has the liberty of gender expression. No one is to be silenced, shunned, discriminated or discouraged for their very natural gender expressions in private or public places.
LGBTQIA+ citizens are subjected to reasonable restrictions on freedom of speech and expression, and right to assembly, they also have the right against the unreasonable restrictions sanctioned by law or otherwise.
Article IX: The state shall dismantle all laws and disband all policies putting unreasonable fetters on the liberty of LGBTQIA+ citizens, including those which distinguish them from other members of the society only on grounds of their sexual orientation or/and gender identity.
Article X: LGBTQIA+ citizens have a right to verify by either themselves or through their representatives, their gender identity (or lack of it) and their sexual orientation.
No person shall be forced to attend conversion therapies or any other method that claims to change a person’s gender identity or sexual orientation.
Why Is Such A Document Important?
This document is a declaration for the rights of LGBTQIA+ citizens. We have been denied equal footing in social and political stages for a long time. During this time, many revolutions, independence movements etc. have taken place.
We must ask ourselves, have we gained anything through these revolutions or independence movements? What is the merit of independence if the “decolonised” nations continue to apply the colonial laws, suppressing LGBTQIA+ citizens?
At this onset, we must realise that inclusion is inherent and natural in human society while exclusion is an artifice… That is why it takes solid efforts to identify the different ones, advocate for policies of exclusion and implement them.
What society can claim to be “civilised” if they spend a considerable amount of time and energy on discrimination and ostracising its members, and implementing the vile policies of exclusion?
Foremost, we must honour the “Declaration of the Rights of Women and of the Female Citizens” (originally, Déclaration des droits de la femme et de la citoyenne), authored by Marie-Olympe De Gouges, in 1791 in France.
We categorically honour Article 5 of the “Declaration of the Rights of Man and of the Citizen” (originally, Déclaration des droits de l’homme), approved by the National Assembly of France in 1789.
A direct consequence of the French revolution, the abovementioned clause decriminalised homosexuality in France for a brief period, before it was criminalised again through proactive efforts made (mis)guide the general will.
This incident vindicates the idea that the rights of the LGBTQIA+ citizens exist naturally in the society until they are taken away through vile policies of exclusion.
We honour and invoke the “Universal Declaration on Human Rights” that establishes freedom and equality as natural attributes of all people and their right to life, liberty and security of person. It was proclaimed by the United Nations General Assembly in Paris on December 10, 1948.
As an era of populist democracies ushers, imposition of the general will—reflecting the majority opinion to the exclusion of minority opinion, sets in trend.
One-sided, parliamentarian majorities leave no room or requirement for dialogues, negotiations or incorporation of the aspirations of non-majorities in the law-making processes. In such cases, the opinion of the minority holds little to no weight in the actual law-making process.
The protection and welfare of LGBTQIA+ citizens may come to solely depend upon the goodwill of the executive and legislature, a vulnerability that can be exploited to make the people “fall in line”, resulting in a need for contracting with the devil for the mere survival of the people.
Therefore, there is a need for guaranteed protection against the whims of the general will through constitutional provisions and limitations, and securing the people’s right against alienation, ostracisation and exclusion.
The Importance Of People’s Participation
Dependence on the integrity of the judiciary is not feasible as well; it reflects a lack of leverage in the law-making process. Therefore, the right to participate is non-negotiable.
The people must be able to participate in political as well as social processes and utilise the machination of the law-making process for their safety, welfare and upliftment.
Freedom of speech and expression and the right to peaceful assembly become imperative in such an endeavour. These freedoms need to be protected, and further expanded.
Human, by nature, is a social animal. A society is a cohesion of families and individuals. Families are the cohesion of individuals related through matrimony or blood.
Without any right to enter into matrimonial arrangements, LGBTQIA+ citizens may not assimilate completely with the society. Such assimilation is a precondition for a sense of fulfilment, the realisation of their true potential and the pursuit of happiness.
Property, in addition, is also essential for survival. Inheritance of such property through blood or matrimonial relation needs to be unfettered on account of gender identity or sexual orientation.
For these reasons, the people must have the right to establish matrimonies of their choice and inherit property through relations streaming out of such matrimonies.
This calls for a complete overhaul of legal recognition of the institution of the marriage (and not marriage per se) and a change in laws of inheritance.
The incorporation of a civil code governing marriage or similar relationships cannot provide a complete solution without modifying the laws of inheritance as well.
LGBTQIA+ citizens deserve solutions. As tax-paying members of the polity, and as people who face the consequences of breaching the laws equally as others, we must receive the fruits of being contributing members of society as well.
The gender expressions which are inherent and natural must not be curtailed through education policies, rules of conduct or any other law operational within the jurisdiction of the state. Furthermore, if there exist any such laws, the state must repel them.
Finally, the principle of self-identification and self-verification must be strictly followed by the state, and the society must avoid questioning, mocking, shunning, silencing, discriminating or excluding anyone on account of their gender identity or sexual orientation.
With a shared pledge of actualising this declaration, we proclaim and ratify this declaration on ___ day of (month), (year).
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The first draft has been authored by Akshay Mankar on June 28, 2022. You can send your feedback to Akshay by writing to akshaymankar84@gmail.com