Not Shot, But Fired: LGBT Employees Get a Raw Deal In India

Indian corporates need to take responsiblity for their same-sex employees

As I write this piece, I’m still in the US. It’s been almost two weeks since the Orlando shooting, and efforts are on full swing to do something real to help the LGBT community integrate with the mainstream - where they actually belong - instead of facing persecution and being forced to remain on the sidelines.

I had back-to back-meetings with people in the UN in India, which included some people associated with lobbying with the business community in the US. And the challenges for the LGBTIQ community are more pronounced. While socially conscious businesses in India are expressing their solidarity with the victims and survivors of the Orlando massacre, I am afraid their heartfelt gratitude sometimes seems more like an act of tokenism.

I am not saying tokenism is bad. It is always good to do something or spread a positive wave, but it ends there. See, it’s not like businesses or for that matter society in general have to go out of their way to make us believe that they care. It’s the small things that count. Small things like acknowledging we exist.

While marriage equality has been made mandatory across all states in the US, many gay US citizens face discrimination when they travel abroad or live outside the US. So if a gay American couple faces discrimination or abuse in India, it becomes important for corporations that have employed and deputed them to India, to stand up and say that they will stand by their employees, irrespective of the laws of the state or the country.

It is important for the business community to make it clear, that they will pull out from businesses in India that don’t give their employees an equal deal. That they will not tolerate bigotry and hatred.  

How is it that we have different yardsticks for commerce and different for human resources? Isn’t that correlated in ways more than one? How can I be happy if I don’t bring my whole self to work. How could I give my 100 per cent to work if I have the fear of being busted?

The gossip near the water-cooler can really kill someone. Truly, corporates don’t kill people. Poverty does, emotional imbalance does. Corporates contribute to it, by being unhappy places.  

Truth be told, we spend most of our “awake” time at work. Imagine being bullied at workplace...or worse, being incapable of speaking up. How does one concentrate on getting billions when the whole effort is on concealing the truth, the eternal truth of who you really are?

Okay, don’t take my word for it.

Here is a world bank report states that homophobia costs a company thousands of dollars. Click here to read the complete report.

Let me make it clear. It is not illegal to be gay in India. It is not even illegal to shout over roof tops that you are gay. It is not illegal to go to a gay parade. It is not illegal to have your company’s banner on a gay pride parade. Though you may be in for some rude shock, It is only illegal to “HAVE SEX” that is perceived against the order of nature. Which means if you have straight employees who have anal sex or oral sex or even use an artificial orifice with their palms (aka masturbate) it could be termed illegal.

So are corporate houses going to take all the benefits out of heterosexual couples or are you guys in corporate houses going to ask them if they had sex against the order of nature. Why don’t gay couples have the same insurance and healthcare benefits as heterosexual couples?

There is just one company, that I can think of that has done that and that’s Godrej.

They even offer insurance benefits to partners of same sex through an innovative approach that costs the company a little more money, but ensures that the employee is not treated any differently. There are benefits, like three months of leave offered to same-sex couples who decide to adopt a child.  

That’s what it means to stand up for your employees. Why don’t corporate houses come up with a clear policy about hiring LGBT people and ensuring they are not discriminated against? There is so much scope for affirmative action on the policy level.

But for a minute let’s forget policy… forget India… Let’s think about peeing… yes peeing! Even in the US there is a huge debate about transgender people using men’s or women’s washrooms. Oh good lord! Why can’t you just build unisex toilets? After all, it’s just a place to pee and I’m sure the hygiene standards of men’s washrooms would increase if even girls started using them. Yes… I know that was sexist… but let’s face facts… women are nearly psychotic about hygiene and cleanliness and a unisex toilet is therefore a win-win proposition!

The great corporate hypocrisy that weighs commerce over humanity, that weighs financial well-being above employee security. Well, dear corporates, thank you for speaking up against Orlando. We are happy to know that you wave the rainbow flag in pride parades. But it is time that we define how we treat gay people and LGBT people in India.  

Do they get same benefits and cover against discrimination that women do? It is time for you to introspect. India understands the language of commerce. It would be wonderful if you tell people who want you to not extend same sex benefits that you will be doing just that.

It would be nice if US based businesses tell the Indian government that you want section 377 to go, as that is the biggest deterrent to productivity. From the LGBT community’s part, it would be nice if they opened their hearts a little more, and while they expect the world to be an inclusive place, they are inclusive of the corporates in their pride marches too.

It is my personal view that respect is a two-way street.

(Harish Iyer is an equal rights activist working for the rights of the LGBT community, women, children and animals. ‘Rainbow Man’ is Harish’s regular blog for The Quint)