In the words of Abhina Aher, a transgender woman and a renowned activist from Delhi, who shared her experiences with the ICJ, “any aspiration for an individual starts from four walls, it starts from their own house.” (Excerpts from International Court of Justice: Living with Dignity Report on Sexual Orientation and Gender Identity-Based Human Rights Violations in Housing, Work, and Public Spaces in India)
2020: The number of forced evictions, especially for LGBTQIA+ persons, have been on a hike for quite some time now. Landlords do not adhere to such binding judicial pronouncements, often seeking evictions under vague and poorly enforced rental laws.
LGBTQ persons face discrimination in the rental market, which can include SOGIE-based denial of rental housing
Most of the rental agreements are interpreted to give a wide space of discretion to landlords and property owners. These loopholes in the lucid interpretations of the writing of rental laws usually allow landlords to seek eviction if the tenant has been convicted of causing a nuisance. These loopholes are often masked as an excuse for ‘immoral’ activities supported by rental provisions that favour only the landlords.
Transgender Persons Act 2019
It recognises discrimination, it doesn’t provide reservation to counter such discrimination against the transgender person in education or housing, A body with no arms and legs.
WHAT CAN WE DO?
Marsha Wetzel v. Glen St. Andrew Living Community LLC
The US Court of Appeals read the FHA broadly, making the landlord liable for failing to protect the tenants/s despite knowing of the discrimination or harassment.
A remake of this judgement needs to be implemented in India.
For an eviction to be considered permissible, it needs to fulfill certain requirements:
• Genuine consultation with those affected;
• Adequate and reasonable notice prior to the scheduled date;
• Information on the eviction, including about proposed use of the property;
• Presence of government officials or their representatives, properly
• Conducted during the day and good weather; and
• Provision of legal remedies, and legal aid.
If the above requirements are not met, the eviction should be treated as a forced eviction.
COOPERATIVE HOUSING SOCIETY BYE-LAWS AND RESOLUTIONS
Bye-laws are contracts between society and members. Contracts that exclude individuals based on SOGIE are void based on Section 23 of the Indian Contract Act, 1872, which clarifies that contracts that have objectives that are unlawful or opposed to public policy, are unlawful.