“AN EQUAL WORLD IS AN EMPOWERED WORLD”
INTRODUCTION
“ We are not what other people say we are. We are who we know ourselves to be, and we are what we love. That’s okay” – LAVERNE COX
In a society where only heterosexuality is accepted and homosexuality is considered abnormal. Then what about those people who suffer myriad challenges and who are of the LGBTQ Community? Abuse is their daily routine and they face it almost every day. Article 15 of the constitution of India states that: discrimination is prohibited based on religion, race, caste, sex, or place of birth.
The state shall not discriminate against any citizen based on religion, caste, race, sex or place of birth alone or in combination with any of the other grounds.
No citizen shall be subject to any disability, liability or any kind of restriction.
In 2018, the Supreme Court of India struck down a colonial-era law that criminalized gay sex and expanded constitutional rights for the LGBTQ community. In 2022, the Supreme Court ruled that live-in couples, including LGBT couples, are considered family and should have the same rights and benefits as married couples.
NEED FOR GREATER AWARENESS AND ACCEPTANCE
The Supreme Court of India has ruled that the National Legal Services Authority v. Union of India has made history for transgender people being called the ‘third gender’. The ruling affirmed that equal application of the fundamental freedoms guaranteed by the Indian constitution and gave them the right to identify as male, female or a third gender.
Although the rights of lesbian, gay, bisexual, and transgender (LGBT) communities have developed rapidly since this ruling, the LGBT community still faces significant social and legal challenges. They hide their gender and do not reveal it for fear of losing their jobs. Lack of communication between parents and LGBT children often leads to conflict with families.
Parents of ordinary children will not allow LGBT children to be with them. The people from this community face many drastic problems such as the risk of developing health and mental health problems and they even do suicide to ran away from these challenges.
So there is a greater need to develop awareness and acceptance toward this community. The court also ruled that Section 377 is unconstitutional as it infringed on the fundamental rights of autonomy, intimacy, and identity, thus legalising homosexuality in India.
Homosexuality is considered a crime in many countries and is often punishable by imprisonment and fines. Furthermore, it is considered a sin under some personal laws and is illegal.
STATISTICAL DATA
According to the Ipsos online global LGBT+ Pride 2021 Survey, 17% of Indians have a homosexual relative, friend, or work colleague, and 21% have a bisexual relative, friend or work colleague. 10% have relatives, friends or work colleagues. 12% of transgender co-workers have relatives or friends who are non-binary or gender-biassed.
53% of Indians support laws that prohibit discrimination against LGBT people in employment , education, housing etc. 58% of Indians support companies and brands that actively promote equality for LGBT people, and 53% of transgender people compete based on gender.
SOCIAL MEDIA PORTALS
The LGBT Community may face so many challenges and have to cope up with such hate comments and discrimination. Many people of the community driven to commit suicide under such circumstances. There are cases of killings and those situations in which heterosexual person killed those homosexual children to avoid the shame of accepting it.
Another aspect is conversion therapy, which is still legal in India. And a person is subject to cruelty in their own homes, or anywhere else and there should be some online portals or helpline numbers to register their complaint. They should provide some anonymity to the community members to ensure that they feel safe and provide them with the help or advice that they seek.
CASE LAWS;
1. Navtej Singh Johar v. Union of India ( 6th September 2018):
The five-judge bench of the supreme court delivered a historical verdict on sexual orientation in which the homosexuality was partially decriminalised as under section 377 of IPC,1860.
2. K.S Puttaswamy v. Union of India (2017):
The nine judges bench of the supreme court is responsible for rectifying the judgement given in the case of suresh kumar koushal vs Naz Foundation,2013.
Sexual orientation is an essential attribute of privacy which is protected by various articles of the Indian constitution.
3. National Legal Services Authority v. Union of India (2014)
The court held that the non-recognition of their identities was in violation of Article 14,15,16 and 21 of the constitution of India.
4. Suresh Kumar Kaushal v. Naz Foundation (2013)
This case is mainly based on two arguments: the first homosexual act is a criminal offence and only parliament has the power to decriminalise it.
Second thing is that the right to privacy cannot cover the homosexual acts.
The Supreme Court of India stepped back from the judgement of the Delhi High Court and re-criminalised homosexuality.
5. Naz Foundation Government v. NCT of Delhi (2009)
The High court of Delhi held that Section 377 of IPC, 1860 arguments supported decriminalisation, not legalisation and imposed an unreasonable restriction over two adults engaging by mutual consent intercourse in private.
And also stated that a part of section 377 of IPC which criminalised the homosexual act needed to be declared unconstitutional.
The first time decriminalised the homosexuality in India.
CONCLUSION
Homosexuality is not any kind of illness or crime. It is a natural process and the human mind cannot control it. They face a lot of problems that’s only because of their gender identity like discrimination and mental harassment not only at the workplace but also extended to higher education, schooling, and vocational training.
The 2018 judgement of the supreme court is only the first step towards the integration of the LGBT community. No specific legal rights have been set up to protect them and a lot can be done to progress in this field.
The LGBT Community people are also human beings like others and if two people want to happily live together with their consent, and it is also medically proven to be not a disease, it is a natural thing which is still out of human control. Hence this type of act can’t be criminalised.
The slogan, “ My life, my rules, my attitude” can serve as a reminder to take control of one’s life and live it on their own terms. And they also have a right to live with dignity in our society whether they are men, women or transgender without any restrictions.
REFERENCE;
https://en.m.wikipedia.org/wiki/LGBT_rights_in_India
CITATION;
Navtej Singh Johar Vs. Union of India AIR 2018 SC 4321 ; W. P. (Crl.) No. 76 of 2016; D. No. 14961/2016.
K.S. Puttaswamy Vs. Union of India W. P. (Civil) No. 494 of 2012; (2017) 10 SCC 1 ; AIR 2017 SC 4161.
National Legal Services Authority Vs. Union of India W. P. (Civil) No. 400 of 2012.
Suresh Kumar Koushal Vs. Naz Foundation civil appeal No. 10972 of 2013
Naz Foundation Government Vs. NCT of Delhi 160 Delhi Law Times 277 ; W. P. (Civil) No. 7455/2001
