LGBTQIA+ Community in India[1/2]
✓In recent years, several countries, including India, have legally recognized third sex and homosexuals as equal citizens, after a long struggle of several different movements and protests around the world.
✓The Preamble of Indian Constitution recognises its citizens impartially as "We the people of India" and ensures justice - social, economic, and political.
✓In September 2018, in the review of Section 377 of Indian Penal Code, the Supreme Court gave the judgment to decriminalize adult consensual same-sex marriages.
✓This decision is considered a landmark, both in terms of its expansive interpretation of constitutional rights and in terms of empowering LGBTQIA+ community.
✓While it was a big achievement, it does not mean that LGBTQIA+ people in India are absolutely free or treated equally to their fellow citizens.
✓It undermines the amount of work that remains to be done in India and around the globe.
‼️What does LGBTQIA + Stands For?
✓While no term can fully capture the spectrums of genders and sexual identities in the world. LGBTQIA+ mainly stands for: Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and more
⁉️What is the History of Recognition of LGBTQIA+ In India?
✓Ancient India was about acceptance and celebration of all forms of love and neutrality to the idea of homosexuality.
✓Visual example is the Khajuraho Temple of Madhya Pradesh, showcasing the existence of sexual fluidity between homosexuals.
✓In 1861, Britishers considered sexual activities “against the order of nature” including all homosexual activities were criminalized under section 377 of the Indian Penal Code.
✓In 1977, Shakuntala Devi published the first study of homosexuality in India, called “The World of Homosexuals”.
It called for “full and complete acceptance and not just tolerance and sympathy”.
✓In 1994, they were legally granted voting rights as a third sex.
✓In 2014, the Supreme Court of India ruled that transgender people should be treated as the third category of gender.
✓In 2017, the Supreme Court gave the country’s LGBTQ community the freedom to safely express their sexual orientation.
✓An individual’s sexual orientation was protected by the Right to Privacy.
✓On 6 September 2018, the Supreme Court struck down the part of Section 377 which criminalized consensual homosexual activities.
✓In 2019, Parliament enacted Transgender Persons (Protection of Rights) Act with an objective to provide for protection of rights of transgender people, their welfare, and other related matters.
❗Which Cases have Helped the LGBTQIA+ Community Get Their Rights Acknowledged?
🔹Navtej Singh Johar Vs. Union of India: The SC held that Article 14 of the Constitution guarantees equality before law and this applies to all classes of citizens.
It restores ‘inclusiveness’ of LGBTQ Community and homosexuality was decriminalised.
🔹Shafin Jahan Vs. Asokan K.M. and Others (2018): In this case, the SC observed that choice of a partner is a person’s fundamental right, and it can be a same-sex partner.
🔹National Legal Services Authority Vs. Union of India (2014): The SC observed that “recognition of transgenders as a third gender is not a social or medical issue, but a human rights issue”.
‼️What are the Problems Faced by LGBTQIA+ Communities in India?
🔸Marginalisation: LGBTQIA+ individuals may experience multiple forms of marginalisation-such as racism, sexism, poverty or other factors – alongside homophobia or transphobia that negatively impact their mental health.
✓Often, such marginalisation leaves LGBTQIA+ people without access to the basic services such as medical care, justice and legal services, and education.
