RequestforProposal:HST-NETREACH-2023/11/01

RequestforProposalfor developing manual on Legal Rights of LGBTQ+ and FSW Community

AboutTheHumsafarTrust

Founded in April 1994, The Humsafar Trust (HST) is India’s first community-based organization (CBO)of self-identified homosexual men, men who have sex with men (MSM), Hijras and Lesbian, Bisexual and Transgender (LBT) persons. The HIV interventions of HST aresupported by National AIDS Control Organization (NACO) and Mumbai District AIDS Control Society(MDACS)toprovidehealthservicestomenwhohavesexwithmen(MSM)andtransgender (TG) communities every year through public health care delivery systems and its in-house clinics.

HSTorganizesadvocacyworkshopsforhealthcareprovides,lawenforcementagencies,judiciary,legislators,politiciansandpoliticalparties,governmentbodies,media,studentcommunity, corporate stafftosensitizethemonGay,MSMandTGissues.HSTalsobuildscapacitiesofCommunityBasedOrganizations in 27 Indian states on HIV prevention, treatment, care & support and advocacy forLGBTQ rights, in addition to providing legal support, crisis management, mental health and nutritioncounselling to its communities. Kindly refer to the website https://humsafar.org/for more detailsabouttheorganization.

BackgroundoftheRFP

In India, the members of the LGBTQ+ and Female sex workers (FSW) community continue to face stigma and discrimination. There is a growing fear of coming out from the closet to identify oneself from the community. Despite the Honourable Supreme Court confirming the rights of the LGBTQ+ and FSW community, many remain unidentified due to fear of harassment. Not only do they face stigma but because of fear of coming out they remain invisible and lack access to health care services and other social entitlement provisions including the realization of basic human rights.

Among the LGBTQ+ and FSW community, physical health and mental wellbeing continues to be a pressing concern leading to increased vulnerability and further marginalization. The community’s social exclusion is compounded by lack of adequate access to social protection measures including curtailed rights. Since 2014, affirmative changes have taken place in India in terms of recognising fewer rights of LGBTQ+ and FSW community. With the emergence of a more LGBTQ+ and FSW aware and tolerant ecosystem, there is a need to better educate the community about their rights and welfare provision enacted from time to time. This can further contribute towards being the change makers themselves in addressing the challenges related to recognition of equal rights for the community.

Through this RFP, we invite individuals/agencies to develop a manual to provide better understanding of the judgements affecting the lives of the LGBTQ+ and FSW communities such as judgement on section 377, NALSA judgement, Supreme Court’s direction on ‘sex work is a profession’. Collating and simplifying these judgement and direction is expected to empower the community to be able to advocate for their rights to promote gender equality, social and legal acceptance in society.

The objectives are as follows:

• To simplify the legal judgement/direction affecting the lives of LGBTQ+ and FSW community for better understanding of the community to understand their rights.
• To be able to use the manual by the community as advocacy tool.

ScopeofWork

The selected agency/consultant(s) is expected to review the judgement/direction pertaining to LGBTQ+ and FSW community and simplify the content for better understanding of the community:

• Perform a desk review of the judgement and directions provided by the Honourable Supreme Court of India
• Conduct community consultation to take inputs from the community of FSW and LGBTQ+
• Simplify the judgement/direction for comprehension of the community members
• Provide relevant section-wise rights of the community under different chapters/sections
• Scope for advocacy with different stakeholders
• Brief report of community consultation

These Terms of Reference (ToR) may vary to reflect the changing needs of The Global Fund and HST, Alliance India, and NACO. This will be done in consultation with the selected agency/consultant(s). The selected agency/consultant(s) will be expected to work in a flexible and adaptable manner, responding to changing needs, priorities and context.

4. Safeguards

Agency/consultant(s)areadvisedtoadheretotheHIV and AIDS (P&C) Act2017and especially adheringtoconsent&confidentiality and in respecting the human rights of all participants during the process of developing the manual. The HSTiscommittedtosafeguardcommunitymembers’confidentiality,respectforonlinespaces and not intrude to cause imbalance (disgrunt) in discussion themes or services emanatingfrom the project.

The agency/consultant(s) will ensure non-discriminatory approach while developing the manual. SelectedagencywilladheretoHSTdataprotectionpolicyaswellasstatutoryrequirementspresentlypracticed in the developmentsector. The proprietary of the manual is with HST asunder the rules of Global Fund to fight against AIDS, Tuberculosis and Malaria (GFATM) and thus the agency/consultant(s)will require to signa non-disclosureagreement(NDA) that would extend beyond the project period and hand over all data in raw andreport forms to HST on completion of the manual development process.

5. Activities&timeline

The manual development process is expected to be completed in approximately 6weeksincludingpresentingthefinalmanual.Thetentativedurationsatallstagesaregivenbelow:

• Tentative durationfororientation, deskreview and framework of the manual(1week)
• Tentativedurationforcommunity consultation (1 week)
• Tentative duration for draft manual (2 weeks)
• Tentative duration for review and revision (2 weeks)

6. Whocanapply tothisRFP?

Agency/consultant(s)mustdemonstratethefollowingrequirementsintheirapplicationin order to be considered:

• The agency/consultant(s) is expected to have a minimum of 3 years of experience in conducting similar work/projects preferablyrelated tohealth,HIV/AIDS, LGBTQ+,genderequality or have a background in law. Preference will be given to agency/consultant(s) who have worked in the area of LGBTQ+ and FSW community.
• The team lead should have a Post Graduate degree in Social Sciences/Law with a sound understanding on LGBTQ+ and FSW community.
• Excellentspokenandwritten commandinEnglishandHindi
• Excellentreportwritingandpresentationskills

7. ProposalSubmission Guidelines

The proposal should be submitted in two parts: i) Technical Proposal, and ii) Financial Proposal. The technical proposal must contain the following: 

TechnicalProposal

• A brief backgroundincludingrelevantpastexperiencesuptothreeyearsrelated to development of manual conducted by the agency/consultant(s). Please include name and contact details of past and current clients
• Brief introduction about the importance of developing such a manual
• Preliminary framework/approach of the manual
• Quality controlmechanisms (at different stages)
• Outlineof themanual  
• Bio-dataof keyresourceperson(s) whowillbeinvolvedintheprocess evaluation
• Timelinefor development of the manual with key deliverables
• Contactinformationoftwokeyofficialswhowillmanage, leadandsigncontracts. In case of individual consultant, contact information of one key person is required

Financial Proposal

• Providedetailedcostestimatesforeachofthetaskenvisagedinconductingtheprocess evaluation as per Annexure-1.

8. Criteria for selection of an agency

Given below are the criteria for selection:

HST reserves the right to select a short list from the bids received. HST can conduct interviewanddiscuss specificdetailswith agency/consultant(s)whoare short-listed.

9. Righttofinalnegotiations

HSTreservesthe optionto negotiateonthefinalcosts andfinalscopeofwork, andalsoreserves the

optiontolimitorincludethirdpartiesatHST’ssoleandfulldiscretioninsuchnegotiations.

10. Bid submission instructions

Annexure 1

Outline for Budget

Note: HST will bear the expenses on travel, accommodation and other related expenses as per the requirement to conduct the exercise of developing the manual