Private companies in India have begun instituting diversity policies aimed at tackling discrimination based on sexual orientation and gender identity at the workplace. This happened partly because of the Supreme Court’s Vishakha judgement in 1996 that instituted guidelines on sexual harassment at the workplace, and partly because of international norms that both foreign and Indian multinationals have to comply with.
One of the problems has been the lack of LGBT role models within the corporate world. The mainstream corporate world has been quite homophobic, barring sectors like hospitality and fashion, where it is commonly known that some of the top bosses are gay.
In one of the first public discussions of its kind, the Bangalore Queer Film Festival, held last month, featured a panel discussion on the issue of diversity at the work place. One of the speakers, a 26-year-old employee at an executive search firm in Bangalore, said that when he first started working, he decided that his sexual orientation was a completely private matter. He changed his mind about keeping his sexual orientation private when he was provoked into disclosing that he was gay. This happened when a colleague commenting on a Californian judgement legalising same- sex marriage said, “Next they will be legalising marriage for dogs”. Once he came out, he realised that his openness had only resulted in respect from colleagues, and has not affected his work in any way.
The general consensus was that while many corporates have instituted diversity policies, these are not taken seriously. Companies like WIPRO and Infosys, along with multinational companies operating out of India have diversity policies that relate to sexual orientation and gender identity since they are based on international norms. Wipro’s Equal
Employment Opportunity Policy says, that Wipro hires employees without regard to their race, colour, religion, national origin, citizenship, age, sex, marital status, ancestry, physical or mental disability, medical condition, veteran status or sexual orientation. Infosys’ Code of Business Conduct and Ethics says that the company’s policy prohibits sexual harassment and harassment based on pregnancy, childbirth or related medical conditions, race, religious creed, colour, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation, etc.
However, many companies say that they are not in a position to implement these policies because of the existence of section 377 of the Indian Penal Code. This come across as a feeble excuse, given that the law technically targets only sexual acts, and there is nothing to prevent a company from instituting gay, LGBT-friendly policies.
Corporate apathy cannot be an excuse for Indian employees not taking a more pro-active stance at the workplace. While companies may not be pro-active on this issue, it is unlikely that they will prevent informal groupings and activities on LGBT issues if employees take an active interest in the issue. In fact, a number of top-level management are very supportive of LGBT rights, given their international exposure and it is the lower rung Indian management that is often more conservative in their views on homosexuality and gender identity. Moreover, a strong diversity policy makes business sense for companies based in India in order to attract the best talent. For instance, many LGBT employees who are foreign nationals are hesitant to move to India because of their sexual orientation.
While there are gay men who are finally speaking up openly about issues at the workplace, there is still silence as far as lesbian women and transgendered persons are concerned. Hopefully, with increasing awareness about these issues, and stronger diversity policies, LGBT employees from across the spectrum will be more open and proactive in protecting themselves from discrimination at the workplace.
— Siddharth is a legal researcher with the
Alternative Law Forum, Bangalore.
sid@altlawforum.org.