"LGBT people are some of the bravest and most potent change agents and
leaders I have encountered, and the most forceful defenders of the vulnerable
and voiceless, because they know what it's like to be there." -- Ronan Farrow
The LGBT community has been debated for many years. The idea of securing this
community through justice, justice and unity was the main motto of the
government. The word LGBT is short for lesbian. gay, bisexual, transgender. In
the past, this LGBT was called the gay community, but later it came to include
other types of homosexuals. Discrimination against this community is
commonplace, leaving them socially isolated, marginalized and denied their basic
rights as citizens of India.
This paper analyses the insufficient provisions to protect their rights,
followed by their composition and the difficulties they face today. Recently,
the rights of this community have been realized and judicial interventions have
been made to protect them. The same was discussed in the papers that followed
the Supreme Court's ruling declaring "rights of the third sex."
LGBT stands for lesbian, gay, bisexual and transgender. This community was once
known as the gay community, but the word gay refers only to men. As such, the
community was introduced as the LGBT community in his mid-1980s.
The term gay has traditionally been used to refer to people who are attracted to
people of the same sex. However, generally gay refers to men who are sexually
attracted only to men. Lesbians are women who are sexually attracted only to
women. A bisexual person is someone who is attracted to both men and women.
Transgender people have a gender identity or expression that is different from
the gender they were assigned at birth. Some transgender people who seek medical
assistance in transitioning from one gender to another identify as transgender.
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 the 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 the lesbian, gay, bisexual and transgender (LGBT)
community have developed rapidly since this ruling, the LGBT community in India
still faces significant social and legal challenges not experienced by non-LGBT
people. doing. During the colonial period, there were laws that criminalized
homosexuality. It was abolished after independence with the introduction of
Article 15 of the Indian Constitution. Article 15 of the Indian Constitution
prohibits discrimination based on sexual orientation and gender identity.
Difficulties faced by LGBT in today's society
In a society where only heterosexuality is accepted and homosexuality is
considered abnormal, LGBT people face myriad challenges. Abuse is their daily
routine and they face it almost every day. They are more likely than people who
identify as heterosexual to experience intolerance, discrimination, harassment
and threats of violence because of their sexual orientation. facing violence. In
many countries, same-sex couples do not enjoy the rights enjoyed by heterosexual
couples. These rights are denied. As a result, they face discrimination and are
denied access to social protection schemes such as health care and pensions.
LGBT people even hide their gender and do not reveal it for fear of losing their
jobs. They gradually develop low self-esteem. Parents of ordinary children will
not allow LGBT children to be with them who act solely out of care and concern.
Lack of communication between LGBT children and parents often leads to conflict
Many LGBT youth are placed in foster care or sent to youth detention centres or
the streets. Her LGBT teens are at a much higher risk of developing health and
mental health problems as they grow up due to their rejection by their parents
and caregivers. People may resort to drugs or alcohol to relieve stress. You are
isolated from everyone. They become victims of hate crimes. 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
In Hinduism, Hindu scriptures indicate the recognition of the third gender.
According to some versions of the Maharashtra epic, some characters changed
gender, one such being was Shikhandi, who is sometimes said to have been born
female but later identified as male & married to a woman.
The fertility goddess Bakhchara Mata is worshiped as the patron saint of the
Hijras. His two major Sanskrit scriptures on dharma and medicine, respectively
Nradasmti and Sushruta Samhita, proclaim homosexuality to be immutable and
forbid homosexuals to marry opposite-sex spouses. However, in another Hindu text
called Manusmriti, there are many penalties for homosexuality. In the case of
homosexual men, Manus Murriti attributed the loss of caste to the sexual union
between two individuals, homosexual and heterosexual, in a bullock cart.
Fatwa Airamgiri, who introduced a standard set of sanctions against jina
(illegal intercourse), including homosexuality, during the Mughal era,
summarized the existing set of rules of his Sultanate in Delhi. These could
include death by stoning for a Muslim, his 100 lashes for a free heathen, and
his 50 lashes for a slave.
During the colonial period, the British government enacted Section 377 of the
Indian Penal Code. Article 377 criminalizes homosexuality and bisexuality. Under
Section 377 of the IPC, sexual intercourse with a man, woman, or animal in
violation of the order of nature is punishable and prohibited. Before this law
was enacted in 1861, India had no laws regulating sexual intercourse.
Visibility and Exposure
According to Ipsos' online Global LGBT+ Pride 2021 survey, 59% of Indian
respondents support LGBT people who speak openly about their sexual orientation
and gender identity, and 39% believe that LGBT people are affectionate in
public. (such as kissing or holding hands). 56% openly endorse lesbian, gay and
bisexual athletes on sports teams, and 55% endorse more LGBT characters in
television, film and advertising.
According to the same survey, 17% of Indians
have a homosexual (including gay and lesbian) relative, friend, or work
colleague, and 21% have a bisexual relative, friend, or work colleague. 10% have
relatives, friends or work colleagues. Twelve percent of transgender co-workers
have relatives, friends, or work colleagues who are non-binary, non-conforming,
According to a 2017 poll conducted by International Lesbian, Gay, Bisexual,
Trans and Intersex Association (ILGA), 58% of Indians agree that gay, lesbian
and bisexual people should have the same rights as heterosexuals, while 30%
disagree. did. A poll found that 59% agree that they should be protected from
discrimination in the workplace. A poll found that 39% of Indians believe that
people in homosexual relationships should be prosecuted as criminals, with a
majority of 44% disagreeing. 66% of transgender people agree they should have
equal rights, 62% feel they should be protected from discrimination in the
workplace, and 60% want their legal gender to change. I felt that I should be
allowed to use it.
According to the Ipsos LGBT+ Pride 2021 Global Survey, 53% of Indians support
laws that prohibit discrimination against LGBT people in employment, education,
housing, access to social services, etc. 58% of Indians support companies and
brands that actively promote equality for LGBT people, and 53% of transgender
people compete based on the gender they identify rather than the gender they
were assigned at birth of athletes.
In 2018, the Supreme Court of India decriminalized consensual homosexuality
between adults by downplaying Section 377 of the Indian Penal Code and excluding
it from the scope of her landmark Navtej Singh Johar v. Union of India.
In December 2002, the Delhi High Court received a Public Interest Litigation (PIL)
filed by the Nas Foundation to challenge IPC Section 377. Decriminalization of
homosexuality in India is supported by a number of organizations including Naz
Foundation (India) Trust, National AIDS Control Organization, Indian Legal
Commission, Federal Ministry of Health, India's National Human Rights
Commission, and Plan, Indian Commission, most of Section 377 of the IPC was
ruled unconstitutional by the Delhi High Court on 2 July 2009 in Naz Foundation
v Delhi National Capital Region.
The Delhi High Court said it was "not uncommon" to hold gay gatherings as it was
a common practice outside India. To the extent that sexual activity other than
sexual activity is unlawful, it violates the fundamental right to life and
individual liberty of a person under Articles 14, 15 and 21 of the Indian
Constitution, as well as individual rights. Did. Equality before the law and
freedom from discrimination. The High Court did not completely invalidate
Section 377. Noting that this section applies not only to sex involving minors,
but also to non-consensual non-vaginal sex, there is hope that Congress will
pass legislation to address this issue. expressed.
On December 11, 2013, the Supreme Court of India upheld the constitutionality of
Section 377 of the IPC. It said it responded to the appeals of an astrologer
named Suresh Kumar Koushal and others, instead leaving it up to Indian lawmakers
to provide the clarity they wanted.
Then, on September 6, 2018, the Supreme Court struck down part of Section 377, a
British-era law that made homosexual acts consensual. The court confirmed that
the other provisions of Section 377, which make unnatural sexual intercourse
with children and animals unlawful, remain in force.
Case Study of Navtej Singh Johar v. Union of India: Background:
India witnessed an increasing number of LGBT rights protests when some high
profile names including hotelier Keshav Suri, Ritu Dalmia, dancer Navtej Singh
Johar among many others came forward and filed the petition before the Supreme
court challenging the constitutional validity of Section 377 of IPC.
Arguments were advanced that section 377 violated the constitutional rights to
privacy, freedom of expression, equality, human dignity and protection from
The court unanimously ruled that Section 377 is unconstitutional as it infringes
the fundamental rights of intimacy, autonomy and identity. and decriminalised
homosexuality by reading down Section 377 to exclude consensual intercourse
between adults of the same sex/gender:
- The court further opined that the sexual orientation is an inherent
part of self-identity and invalidating the same is denying the right to
life and the fact that they constitute a minuscule section of the
population cannot be a valid justification to deny them this right.
- The court heavily criticized the Koushal judgment and called it irrational,
arbitrary and manifestly unconstitutional.
- It was also emphasized that discrimination on the basis of sexual orientation
is unconstitutional considering it is a natural phenomenon as proven by
scientific and biological facts.
The Indian Constitution and its various amendments protect the LGBT community
against various discriminations.
Article 15 of the Constitution of India states that:
Discrimination prohibited on the basis of religion, race, caste, sex, or place
- The State shall not discriminate against any citizen on the basis of
religion, race, caste, sex, or place of birth alone or in combination with
any of the other grounds.
- No citizen shall be subject to any disability, liability, restriction,
or condition with respect to:
- Access to stores, public restaurants, hotels, and places of public
- The use of wells, tanks, bathing Ghats, roads, and places of public resort
maintained entirely or in part with money provided by the State or designated
for the use of the general public.
According to the Ipsos LGBT+ Pride 2021 Global Survey, 66% of Indians believe
same-sex couples should have the same adoption rights as heterosexual couples,
while 21% disagree and 13% are unsure. Similarly, 59% of Indians believe
same-sex couples are as likely to be as successful in parenting as other
parents, 26% are not and 16% are unsure.
Discrimination and Bullying in Higher Education
The 2016 UGC Rule on Suppressing the Threat of Ragging in Higher Education
Institutions (Third Amendment) prohibits bullying, raging, and discrimination
against students based on their sexual orientation or gender identity.
According to the Ipsos LGBT+ Pride 2021 Global Survey, 44% of Indians support
legalizing same-sex marriage, 14% support legal recognition of same-sex couples,
18% oppose and 25% do not express an opinion I chose to Additionally, the survey
found that 56% of Indians now hold a different view of same-sex marriage than
she did five years ago.
A 2016 poll by the International Lesbian, Gay, Bisexual, Trans and Intersex
Association found that 35% of Indians supported legalizing same-sex marriage,
while another 35% opposed it. A Barkey Foundation poll conducted in
September-October 2016 found that support for same-sex marriage was 53% higher
between the age of 18 and her age of 21.
The Indian Army does not openly allow LGBT people to serve. Bills amending the
Army Act 1950, Navy Act 1957 and Air Force Act 1950 were introduced in the
Indian Parliament by his BJP member Jagdhan Bikapal in late December 2018 to
allow LGBT people to serve in the armed forces. Now The House of Representatives
did not vote on the bill.
Some State Laws:
State of Karnataka: The 2017 National Transgender Policy was issued by the Government of
Karnataka in October 2017 and aims to raise awareness of transgender people
in all state educational institutions. Educational institutions address
issues of abuse, violence and discrimination against transgender people. An
oversight committee was also set up to investigate allegations of
State of Maharashtra: The Transgender Welfare Board was established by the Government of
Maharashtra in February 2019 to implement health programs and provide formal
education and employment opportunities for transgender people. The Board
provides free housing to scholarship applicants and offers skills
development programs to help transgender people find employment.
A similar agency was set up in neighboring Gujarat in the same month. The
Gujarat State Commission works with government agencies to enable the
transgender community to benefit from government programs and provides
various social programs for employment and education. A public awareness
campaign was also launched to educate the public.
State of Kerala and Tamil Nadu: The first Indian states to introduce transgender welfare policies were Tamil
Nadu and Kerala. Under this policy, transgender people will receive free
housing, various citizenship documents, admission to state colleges with
full scholarships for higher education, and alternative income sources
through the establishment of support groups (for savings) and introduction
of income-generating programs are available. (IGP). Tamil Nadu was the first
state in which a member of the transgender community established a
transgender welfare organization. In 2016, Kerala started offering free
surgeries in public hospitals.
State of West Bengal: West Bengal established the Transgender Welfare Commission in 2015 to
coordinate all policy-making and development efforts related to the state's
transgender population. However, the commission has been criticized by many
transgender activists as a "circumflexed failure". The board is supposed to
meet once a month with representatives from many state government
departments, but as of July 2017, it has only convened five times.
State of Bihar: The Bihar government announced the establishment of a transgender welfare
organization in July 2019. The commission will investigate and report on the
social and legal difficulties faced by transgender people in the state and
provide financial assistance up to Rupees - 150,000 for gender reassignment
surgery. Additionally, anyone who denies transgender people access to
housing or medical facilities could face up to her two years in prison.
Homosexuality is not a mental illness. Straightforward and natural. The human
mind cannot control it. The situation for the LGBT community is the worst in
India. They are subject to harassment, violence and ridicule. Resolutions
adopted by the United Nations have positive effects around the world. India's
position on LGBT issues at the United Nations has been very disappointing.
India has stigmatized its image as a democratic republic by stubbornly opposing
her LGBT rights internationally. Making people aware of the existence of the
LGBT community is very important. Human rights are natural rights that are
indestructible and inalienable to human beings by birth. Homosexuals are not
extra-terrestrials, they are not sick, and their sexual behaviour is completely
dictated by nature.
The Government of India should wipe away its conservative nature and take
concrete steps for the welfare of sexual minority.
The supreme court`s verdict on Decriminalization of section 377 was a
significant milestone for the LGBTQ community because it gave them the correct
to reveal their emotions and live a dignified life but at the identical time it
will affect various other laws especially personal laws like section 32(d) of
the Parsi Marriage and divorce act 1936; section 27(1-A) of the special marriage
act, 1954 etc. Therefore, to cater to this problem several amendments within the
family laws shall be conducted.
Educating people about LGBT rights is essential. Human rights are inalienable
and inalienable rights that are given to every human being by birth. People need
to understand that being gay is not sick, alien, or abnormal. Rather, their
sexual orientation obeys the laws of nature entirely.
Human rights should include recognition of LGBTQ rights. Articles 14, 15, 19, 21
and 29 all disallow same-sex partnerships, disallow adoption, guardianship,
surrogacy, in vitro fertilization, safe and include her LGBT+ Violated by
inability to access work. Furthermore, discrimination based solely on sexual
orientation violates Articles 14, 15 and 21 of the Army and Navy Law.
The marriages of the LGBTQ community should happen under the special marriage
act, 1954 despite personal laws because it is more clear and unambiguous as
compared to the private laws, moreover, in Shariat law homosexual marriages
don`t seem to be allowed therefore Muslims cannot do homosexual marriages if
they are going with their personal laws.
Therefore, all the marriages of LGBTQ shall be done under the Special Marriage
Act to get rid of the paradox and to forestall the chaos or the legislators
should draft a brand new act which, specifically will cater to the marriages of
In the end, I might prefer to say that though, the judgment by the Hon`ble
Supreme Court was given within the favour of the LGBTQ community but the social
implications of it might be a huge task to be dealt by the community members.
The judgment should work effectively both on paper and in practicality.
- Human rights in India
- LGBT rights in Asia
- LGBT culture in India
- National Council for Transgender Persons
- High Court: 'Same Sex Couples can live Together