LGBT IN INDIA : A Legal Overview

LGBT IN INDIA
Spread the love for law

About the author:

Vaishnavi Kaishav is law student in Chanderprabhu Jain College of Higher Studies and School Of Law.

INTRODUCTION

LGBT in India-The root of the gender inequality issue, civil rights denial, and cultural imperialism has developed largely because the dominating majoritarian group wants to impose their will on another human or collective group. As an example, India has been a country that has embraced and harmonized with the ideas of gender fluidity and queerness from the birth of the Vedic liturgical tradition, millennia before the Western world had ever attempted to reconcile these words.

For many years, the notion of homosexuality has been effectively hidden in India. Discrimination against the LGBTQ population is widespread in Indian society, where “gay-sex” is still considered a taboo term. Even if homosexuality and queer identities are acknowledged by today’s Indian youth, acceptability inside the limits of families and homes remains a continual battle. The rights of LGBTs have long been a contentious issue in India, but the LGBT community received special attention following the September 2018 judgment of the Honorable Supreme Court of India, which legalized recreational homosexual sex. This article will revolve around the Supreme Court’s decision to uphold Section 377 of the Indian Constitution, as well as the state of LGBT protection in India.

When it comes to sexuality, the terminology individuals use and identify with differ greatly from culture to culture. The terms ‘lesbian,’ ‘gay,’ ‘bisexual,’ and ‘transgender’ are used in this study. This is not meant to dismiss the diversity of other words and identities, nor to reject the cultural implications associated with these labels. As an example, the phrase “lesbian and gay “The term “human rights” should be regarded as an abbreviation for “human rights. “Lesbian, gay, bisexual, and transgender people’s rights.

Sexual orientation: This word is used to characterize patterns of sexual orientation. sense of emotional, romantic, and sexual attraction based on those, of personal and societal identity attractions. When a person’s sexual and emotional attraction to other people is exclusive, there is an attraction to either the opposing or the same sex. If both parties are of the same gender, this is referred to as homosexual orientation. Heterosexuality refers to attraction to the opposite sex. inclination, and whether there is an attraction to both genders People with bisexual orientation are referred to as bisexuals.

Transgender: People who are transgender may consider as gender, or neither word pertains to them. Internal beliefs and labels of these people may include a man, a woman, or a transgender person.

ISSUE FACED BY LGBT COMMUNITY:

The scope of unnatural offenses defined in section 377 of the IPC is ambiguous due to the lack of a clear difference between committing and coerced sex, against nature’s order, and so on. The basic right guaranteed by the Indian constitution forbids discrimination based on gender. As a result, it is a transgression of the LGBT minority’s fundamental rights, as outlined below.

DISCRIMINATION ON THE GROUND OF SEX

  • A scarcity of educational resources
  • Personal liberty and the right to life
  • The right to live with one’s family
  • The right to a living
  • The freedom to speak and express oneself.
  • The right to work and own a company.
  • Equal compensation for equal effort.
  • Religious Liberty
  • The right to live in dignity
  • Equality is a fundamental human right.

DISCRIMINATION ON WORKPLACE

Discrimination against LGBT people at employment is a key element in the disparities in socioeconomic position for LGBT people. Gay and transgender individuals face discrimination. Discrimination contributes significantly to socioeconomic disparities inside the workplace. It has a direct impact on their employment. Instability leads to unemployment and poverty.

LEGALITY OF ART. 377

In 2018, India’s Supreme Court overturned Section 377, a colonial-era statute that prohibits same-sex relationships. Despite this, the country’s lesbian, homosexual, bisexual, and transgender community is nonetheless afraid of leading a normal life. They have difficulty adopting children, finding work, and are scared to live in communities where they do not have equal status.

The Transgender Persons (Protection of Rights) Act of 2019 bans discrimination against transgender persons in educational institutions and organizations, employment, healthcare services, and other public areas. LGBT protestors are motivating persons who have faced discrimination due to their sexual orientation or gender identity in private sector employment or other non-state settings to file legal challenges. They are also campaigning for an anti-discrimination statute, which would dispel the private notion that LGBT individuals are prohibited from openly serving in the Indian Armed Forces. Even now, India lacks official statistics on LGBTQ populations, although the government believes that there are around 2.5 million homosexual individuals.

LEADING CASE LAW

In Navtej Singh Johar and Ors. v. Union of India , the Supreme Court of India unanimously struck down a portion of Section 377 of the Indian Penal Code, 1860, which criminalized sexual intercourse against the order of nature to exclude all types of adult consensual sexual behavior. Section 377 was chastised for discriminating against and disproportionately impacting the LGBT population, as well as for being out of step with contemporary morals.

The focus in this Supreme Court decision was on the basic right of gay people to live with dignity, free of the stigma associated with their sexual orientation, and with equal enjoyment of rights under the Constitution of India, as well as equal legal protection

RECOMMENDATION AND SUGGESTION

  • The state must defend its fundamental rights without exception and discrimination.
  • Special legislation should be implemented.
  • Create opportunities for social and economic activity.
  • Human rights must be protected.
  • Preventive measures must be implemented in the family, public, and private sectors Domestic abuse.
  • The government should take steps to assist employers in improving the workplace and workplace culture
  • LGBT individuals should be supported and included.
  • There is a need to alter society’s attitudes regarding LGBT minorities.
  • They must arrange workshops and seminars on their subject rights.

Conclusion

Based on the foregoing topic, it is concluded that LGBT minority persons, who have diverse sexual orientations, experience discrimination in the workplace, the family, and society but, on the surface, they appear to be humans. As a result, they are entitled to all human rights as well. In India, fundamental rights are recognized. Transgender individuals have always been active in attempts to achieve equality, economic and racial justice. Today, LGBT activists and activists groups are increasingly focusing their attention on the LGBT rights movements.


2 thoughts on “LGBT IN INDIA : A Legal Overview”

  1. Pingback: Corrective Rape: Never a solution - Dream Legal

Leave a Comment

Your email address will not be published. Required fields are marked *