"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
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
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
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
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