Supreme Court Allows Plea on Legal Recognition of Drag Performers
- ByAdmin --
- 29 May 2025 --
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In a landmark move, the Supreme Court of India has agreed to hear a petition seeking legal recognition and protection for drag performers. This step signals a potential shift in India’s legal framework towards more inclusive representation and rights for gender non-conforming artists. The petition argues that drag performers, who express their identity and art through exaggerated fashion, makeup, and performance, deserve constitutional and legal safeguards under the existing rights framework.
The plea calls for the inclusion of drag artists under the broader umbrella of rights afforded to performers and gender minorities, citing violations of fundamental rights due to lack of recognition, frequent harassment, and absence of legal safeguards.
Key Concerns Raised in the Plea
- Lack of Legal Identity
Drag performers in India often face challenges due to the absence of formal legal identity or recognition of their art form. This limits their ability to work professionally, participate in cultural events, and seek protection under performance or labor laws.
- Harassment and Discrimination
Many drag artists report facing police harassment, public ridicule, and social ostracism. Without legal recognition, redress mechanisms remain limited, and their freedom of expression is often curtailed.
- Exclusion from Schemes and Protections
Performers from this community are largely excluded from state-run schemes for artists, healthcare coverage, and workplace protections under labor laws, violating the principle of equality before law.
- Freedom of Expression and Identity
The petition argues that drag is a form of self-expression protected under Article 19(1)(a) of the Constitution. Denial of such expression infringes on their right to free speech, creative freedom, and individual autonomy.
Constitutional and Legal References
- Article 14
Ensures equality before the law and equal protection of laws. The plea argues that non-recognition of drag performers creates a discriminatory gap against an entire community of performers.
- Article 15
Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. The petition suggests that gender expression and identity should be read expansively to include drag performers under this protection.
- Article 19(1)(a)
Guarantees the right to freedom of speech and expression, which encompasses artistic and gender expression, including drag performances.
- Article 21
Protects the right to life and personal liberty, including the right to live with dignity, personal autonomy, and choice of identity and expression.
- Transgender Persons (Protection of Rights) Act, 2019
While this law provides rights and welfare measures for transgender persons, the petition urges that its scope be interpreted to include drag performers, especially when their performances involve gender-nonconforming expression.
Petition’s Demands
- Formal Recognition
The plea seeks recognition of drag as a legitimate performance art with associated rights, allowing performers to register and work legally across states.
- Inclusion in Artist Welfare Schemes
It demands that drag performers be eligible for central and state cultural welfare programs, grants, and health insurance schemes available to other artists.
- Protection from Harassment
Legal safeguards under criminal law and anti-discrimination policies should be extended to protect drag performers from targeted harassment and violence.
- Awareness and Sensitization Programs
The petition also calls for sensitization initiatives for police, educational institutions, and public bodies to foster respect for gender-diverse art forms and protect performers from stigma.
Broader Implications
- Cultural Pluralism
Recognition of drag as a legitimate form of art would mark an important moment in India’s cultural evolution, affirming that diverse expressions of identity and creativity have space in Indian society.
- Gender Justice
This case could build on the precedent set by NALSA v. Union of India (2014), where the Supreme Court recognized transgender persons as a third gender, reinforcing that gender identity and expression are constitutionally protected rights.
- Expanding the Interpretation of Rights
A favorable ruling could broaden the interpretation of fundamental rights to accommodate emerging identities and expressions, making Indian jurisprudence more inclusive and forward-looking.
In summary, by admitting the plea, the Supreme Court has opened the door to a critical conversation around the intersection of identity, art, and legal recognition. The case not only seeks justice for drag performers but also calls for a reevaluation of how the Constitution protects and celebrates India’s diversity in gender and expression.
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