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LGBT Community In India: A Stigma Or An Ashirwaad?

"The equality is not created, but achieved within the society of warriors"

In India, the constitution guarantees right to equality to citizens residing on its territory, on the other hand there are some unprivileged communities , begging for their rights to be recognized in the society to get equal treatment. In this article, specifically the LGBT communities of the societies will bring into the picture to analyse that does equality exist in reality to all the sections of societies and being nurtured by the equality provided by the law in our country ?

The Rights of a society are dependent on the statute governing them as per the norms set up by the governments, usually we see people with the different attires asking for money by beating their hands and overlook them, only because we are enjoying the rights of equality comparatively the hand beating section of the society even cannot touch us , which clearly shows the violation of untouchability rules of the law. The hand beating human being is known as ''transgender" in our society and law recognizes is as a third gender of the country, but still, always there exist a room for improvement, as perfection does not exist absolutely.

The issues emerge up when, the people use to refer the same group of members with other's identity, for instance, a gay man who usually found to be on the roads or at other places struggling with his life or otherwise, is referred as other members of LGBT group e.g., Transgender.

The society has lack of understanding with the meaning of the term as the concept seems to be very new to them due to the modernization and stepping into the new century of the decade. A gay cannot be termed as a transgender, on the same way a transgender is very different from the gay, bisexuals and transgenders.

What is LGBT?
In pursuance to the preceding para, it is quite important to understand the meaning of the term LGBT, in the term L stands for lesbians, G stands for gays, B stands for bisexuals and T stands for transgenders. Lesbians and gays are the homosexuals among these four categories, Out of them gays are the males who are attracted towards the males only and the lesbians are the females who are attracted towards females only.

These parts of the LGBT group are homosexually attracted towards the kind of gender of same nature. On the other way bisexuals, the third category of the community are the people who are attracted towards both the genders of males and females and lastly the transgender are the people who are considered most vulnerable in the society, they are considered with no any specific gender with them and hence treated unequally mostly.

The reasons of the people who are found to be in this community are varied as per the researches and opinions from studies- The very first reason people become gays due to the sexually harassment by the near relative friends etc. apart from this the hereditary causes also can be put into light as a reason of the community.

Many children are sexually assaulted during childhood, some indulge into sexual or such other activities due to the societal phenomena around them. As far as concerned with the transgender, they are naturally born with non-identical mark , and the reason for the same may be the biological issues among the parents. It has also been found that many homosexuals are reasoned to be under the community are the social abuse and sexual harassment.

The opinion of the study also shows that the homosexuality is a psychological disease, which can be prevented through psychosocial means only and many do agree with the opinion which declared it to be nothing but just a psychological disorder. The attitude, the place of living etc. may also be causes of the thoughts of the community.

The challenges LGBT community people face are social abuse, rapes, sexual harassment, social neglection and discrimination. Many homosexuals are forced and kidnapped for prostitution in cities for monetary purposes and the parents are not even supportive for their children in such situations of being homosexuals, transgender and bisexuals. In opposite they are abused and left at their own to handle with the situation.

Consequently, it is very much important to help your nearer, friends etc. under this community to be with them and provide them assistance to the extent one can. The awareness regarding the rights and the proper knowledge of the term is one of the reason of deprivation of the equal status of the community in the society.

Indian Judiciary's Contribution
The Indian law has addressed the need of the group of this community, one can refer the Navtez Singh Jahar's, Naz Foundation Case and other cases for a better understanding of the important contribution of the judiciary for protecting and recognizing the LGBT rights in the India.

Some main instances can be summed up by the following points by mentioning that the transgender are the third genders of the society and the section 377 of the Indian Penal Code 1860, held to be unconstitutional by keeping into the view the rights of LGBT communities by putting them into the category and considering the need of the era with the scope of the fundamental right within the ambit of right to life and personal liberty and freedom under constitution, although the marriages among the communities are still a matter of decision among the judiciary.

Rights cannot be achieved by an individual without the cooperation of the others, it is well known that it is necessary to be kept in the mind that the communities who are put into the list of low status by the society e.g., LGBT are the human beings too. Every one has right to live with a dignified life and one cannot take away the rights even law as well, the new era has been evolved and the efforts should be made towards a progressive approach to make this era developed and equal for others.

Written By: Vishal Banga, Student of LLM (Family Law), Guru Nanak Dev University, Jalandhar

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