Article by Muskan singh at lexcliq



What is it ?

LGBTQ rights includes legal rights for persons belonging to any of these communities i.e. lesbians, gay, bisexuals and transgender. In India, LGBTQ community people face a lot of issues and discrimination as well considering their gender differences, they face social and legal pressures as well. As Indians tend to believe that homosexuality or being transgender is not something very welcoming by the society, people from these communities are judged often on each and every aspect related to their lives. Few years back homosexuality was literally banned in india and thus, that resulted many people who actually belong to those communities suffer and hide their true being because of societal norms.

Article 15 of Indian constitution clearly prohibits any activity that discriminate anyone based on their skin, race, age, gender, caste or other differences but still people face this discrimination. Specially by the LGBTQ community.

LGBTQ rights legalised by india :

In India, certain rights were given to LGBTQ community and it is legalised since the year 2018. Their rights are protected under Transgender persons ( protection of rights ) Act, 2019. In current times, they are allowed to have a same sex partner but still marriage with same sex partner is under consideration by the Indian government, live in relationship got a legal status in which it was included that same sex people may stay together but cannot legally marry eachother.

In the landmark case of –
“Navtej singh johar v. Union of India ”
The supreme court of India decriminalized the consensual homosexual intercourse under the provision of Indian penal code section 377.

Historical importance :

According to the Ancient Indian history, homosexuality or transgender status was never a crime or had any criminal status and hence, it was never illegal. But during the British raj in India it was criminalised.
As per the Hindu Scriptures, Hinduism always acknowledged third person’s existence. It is also believed them to be a combined form of god & goddess. There are many sculptures and famous arts by ancient artists carved and painted on the walls of famous historical temples, which is even recognised by today’s generation for their artistic work describing the beauty of each and every gender.

Criminalised status :

In the year 2009, by the Delhi High Court’s judgement for the case –

“Naz foundation v. The govt. of NCT of Delhi ”

Under section 377 of the Indian penal code the court legally prohibited activities of continuing private, adult, consensual, and non-commercial same-sex conduct as direct violation of fundamental rights provided by the Indian Constitution.

Section 377 also stated – “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with ( imprisonment for life ) or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine “, and added that “Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.”

But by the year 2008, September 6 the Supreme Court of India issued a new verdict with an unanimous decision stating the section 377 of the Indian penal code as unconstitutional as it infringed the fundamental rights of autonomy, intimacy and identity of a human being as thus considered legalising Homosexuality in India.

Conclusion : 

Homosexuality is a part of human sexuality so it should be considered as well. Every gender has an absolute right to live a life with dignity and free from all the discrimination. They are equally a part of our community.

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