India abstained at the UN Human Rights Council voting in Geneva to appoint an independent expert with a three-year term to look into cases of violence and discrimination based on sexual orientation and gender identity and look into wrongdoing against lesbians, gays, bisexuals and transgenders LGBTs), a resolution which was passed by a narrow margin.

In a 23-18 vote with six abstentions, the 47-member Human Rights Council on Thursday called for the creation of the job of “independent expert on protection against violence and discrimination based on sexual orientation and gender identity”.

Defending India’s abstention, ministry of external affairs (MEA) spokesperson Vikas Swarup said in New Delhi that India took the decision considering the “legal” reality in the country. “The issue of LGBT rights in India is a matter being considered by the Supreme Court under a batch of curative petitions filed by various institutions and organisations. The SC is yet to pronounce on this issue. As such we had to take this into account in terms of our vote on the UN resolution to institutionalise the office of an independent expert to prevent discrimination against LGBT persons,” Mr Swarup told reporters.

The expert is expected to be appointed at the next meeting of the Geneva-based body in September. According to news agency reports from Geneva, the resolution was strongly supported by Latin America and the West, while many African and Middle Eastern countries joined China to vote against it.

According to reports, countries that supported the creation of the independent watchdog included the US, Argentina, Brazil, Colombia, Chile, Costa Rica, Mexico, and Uruguay. Those who opposed it reportedly included Russia, China, and several African and middle-eastern countries on the panel. Apart from India, the other countries who abstained included South Africa and the Philippines.

The expert’s duties will include assessing international human rights laws, raising awareness of violence based on sexual orientation and engaging in dialogue with member states and other stakeholders. Incidentally, the decision to create the post comes weeks after Afghan-origin American Omar Mateen massacred 49 people at a gay bar in Orlando, Florida.

“This is truly momentous,” Micah Grzywnowicz of the Swedish Federation for LGBTQ Rights was quoted as saying in a statement. “This is our opportunity to bring international attention to specific violations and challenges faced by transgender and gender non-conforming persons in all regions.”

The International Lesbian, Gay, Bisexual, Trans and Intersex Association hailed the “turning point” that will boost international scrutiny of wrongdoing against people for their sexual orientation and gender identity.