LGBTQ RIGHTS SCENERIO IN INDIA

                                                                            

LGBTQ RIGHTS SCENERIO IN INDIA

                                                                       

  

Author: Romika Narotra , a 2nd year law student at Amity university Noida

LGBTQ can be described as lesbian, gay, bisexual, transgender, queer people who have been given special status in community who feel some degree of empathy and solidarity with each other based on their shared experience of prejudice, discrimination towards their sex or gender . India being a diverse country of different religion and culture has a dark history about LGBTQ people.

During the British era section 377 of Indian penal code was introduced which stated criminalisation of same sex marriage. Even after many years of independence these community people have to face discrimination and treated different from other people. During these years they have to face - Social restriction, seclusion, social restrain, were mentally and physically abused. 

Gradually , with the passing time observable changes in  public perception mind as the awareness about this social issue was spreading by social media platform, public awareness campaign, brave people coming out and telling their in-depth story had changed and contributed a lot in changing the perception of the people in considering LGBTQ rights and their respectful position in society, Like In 2014, the Supreme Court of India recognized transgender people as a third gender and affirmed their right to equality and non-discrimination. In 2018 LGBTQ rights in India took a significant turn, supreme court of India decriminalised Homosexuality by striking down section 377 after the landmark judgement of Navtej Singh Johar V Union Of India. FACTS: Dancer Navtej Singh Johar filed a petition challenging Section 377 of the Penal Code on the basis that it violated on constitutional rights to equality, freedom of expression, privacy, and protection from discrimination. The Court stated that criminalising consensual sex between adults in private was against the right to privacy, that discrimination based on sexual orientation violated the right to equality, that sexual orientation is an integral part of one's identity and that to deny it would be against the right to life, and that fundamental rights cannot be denied on the grounds that they only affect a tiny portion of the population.  

The legalisation of transgender people and the decriminalisation of homosexuality are crucial turning points in the battle for acceptance and equality. However, the battle is far from over, In India still there are some rights which are not legally given to LGBTQ people like- Same sex marriage which includes inheritance rights, joint adoption for children, health benefits etc. , Adoption Rights, Anti- discrimination laws which are made specifically for the LGBTQ people to protect them from facing discrimination in employment, healthcare etc. , need of law for banning conversion therapy, issue faced by them in parental rights. The journey towards the legalisation of LGBTQ rights in India is one of determination, as well as bravery, and advancement. Many of these people still do not have access to the same rights and opportunities as their heterosexual counterparts, and they continue to experience discrimination and societal stigma. There is hope that LGBTQ people will have more inclusive and equal chances in the future because to the changing thinking of Indian culture and the persistent work of campaigners. The march towards complete legal recognition and protection of LGBTQ rights is evidence of the strength of group effort and the steadfast spirit of equality and human rights.