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LGBTQAI + Rights In India

It seems like a miracle that India's development is on a remarkable journey to keep pace with its traditions and culture. Diversity here has always had universal appeal. But when it comes to accepting homosexuality, there are still major barriers around the subject. The acronym LGBTQAI + stands for lesbian, gay, bisexual, transgender, queer,asexual , intersex and others. They are people who do not accept the "ideal" of cisgender heterosexuality. The LGBTQAI+ community in India also has a social group, a different group: Hijras. They are legally defined as "neither male nor female" or men who act like women. They are now known as the third gender.

It has been 74 years since our country gained independence, and the LGBTQAI + community continues to fight for freedom and fundamental rights.

LGBTQAI + Historical Background
Since our nature gave rise to men and women and their association, it also gave rise to individuals with different gender preferences whom our society considers to be unnatural beings. French historian Michel Foucault claimed that there had never been a concept of modern sex categorization before the nineteenth century in Europe. Modern Indian historians have confronted these social ideas and given many examples to prove that homosexuality was a part of humanity and was considered natural.

Although no one would say that these people were ostracized from society, it was acknowledged that they benefited from divine vision. Many members of Indian society who are merely procreative and heterosexual still believe that Kinnars; blessings protect their family and that their curse can end their lives in modern times.

In the holy text Bhagavada Purana, it is said that Lord Shiva also saw Vishnu as Mohini and fell in love with her, and their union gave birth to Lord Ayyappa. The famous characters of Shikhandini and Brihannala are the most popular variations of Mahabharata. In Valmiki Ramayana, King Bhagirath was born by the grace of Lord Shiva from the union of his parents and King Dilip's widow.

According to Amir Khusrau, the real invader of South India in the medieval age was Allauddin Khilji and his slave Malik Kafur, Homosexual relations. He was the most intelligent and loyal servant of Alauddin Khilji.

The 19th century is the period in which homosexuality evolved. With the rise of the British Empire, Indian attitudes changed as the Sodomy Act began to be banned and homosexuality became illegal once again. Even after independence, the problems of the LGBTQAI + community have not been resolved. In 1994, in Delhi's Tihar Jail, where HIV/AIDS cases were increasing, the police did not allow people to wear condoms because homosexuality was illegal.

Therefore, many PILs have been filed regarding the same issue.Even after independence, the problems of the LGBTQAI + community have not been resolved. In 1994, in Delhi's Tihar Jail, where HIV/AIDS cases were increasing, the police did not allow people to wear condoms because homosexuality was illegal. Therefore, many PILs have been filed regarding the same issue.

Challenges Faced By The LGBTQAI + Community In India
  • Discrimination:
    LGBTQAI+ individuals often face discrimination in all areas of life, such as the workplace, housing, and healthcare. This can make it difficult for them to stay open and safe. Discrimination also reduces employment and can lead to poverty and deprivation.
  • Inadequate representation:
    LGBTQAI+ individuals are often underrepresented in media, politics, and government and are excluded from mainstream society. This can make it difficult for their voices to be heard and they must meet. Lack of representation can also lead to a lack of understanding and acceptance by society.
  • Mental Health Concerns:
    LGBTQAI+ individuals are often victims of discrimination, including physical and verbal abuse, bullying and harassment. This can affect the body and mind, causing fear and distrust in society.
  • Homelessness:
    LGBTQAI+ youth are often kicked out of their homes because they are gay or to escape persecution.
They cannot receive education and social support in critical years. In the absence of financial support, they often resort to drug use and risky sexual intercourse.

Rights In India To Safe Graud Their Rights
Decriminalisation Of Section 377 Of IPC
Consensual homosexuality is illegal under Section 377 of the Indian Penal Code (IPC), which was enacted in 1862 and is known as Unnatural Offences. According to the law, anyone who engages in voluntary carnal intercourse with a man, woman, or animal against the laws of nature will be punished with either a life sentence or a term of up to 10 years in prison, as well as a fine.

However, on September 6, 2018, the Supreme Court of India issued a landmark decision decriminalizing gay sex between consenting adults in a private setting. According to the Supreme Court, consensual adult gay sex is legal because sexual orientation is a natural trait that cannot be influenced by others.

Transgender Persons (Protection Of Rights) Act, 2019:
The 2019 Act permits the self-perceived gender identity of transgender people and their recognition as such. The provisions also address the issuance of an identity certificate and a certificate attesting to a gender change. A certificate of identity with the gender designation "a; transgender & quota; may be requested from the District Magistrate by a transgender person. Only if the person has surgery to change their gender, either as a male or a female, is a revised certificate possible.

Transgender People Reservation:
The Supreme Court of India ruled that transgender people belong to the third gender in the case National Legal Services Authority v. Union of India (AIR 2014 SC 1863) in 2014. Because of this declaration, transgender people are now eligible for reservations under India's constitution. The Indian Constitution provides for economic and educational accommodations for the transgender community.

Case Laws:
Navtej Singh Johar v. Union of India AIR 2018 SC 4321
The Supreme Court of India has ruled that Section 377 of the Indian Penal Code, 1860, criminalizes & quota ;sex contrary to the order of nature" as it makes sexual intercourse between adults of the same sex illegal. A petition filed by actor Navtej Singh Johar challenging Section 377 of the Penal Code on the grounds that it violates constitutional rights such as privacy, freedom of expression, equality of rights, human dignity and freedom from discrimination.

The court said that discrimination based on sexual orientation violates the right to equality, that violating the privacy of consenting adults violates the right to privacy, that the sense of sexuality is a part of the individual's identity, and that rejecting it will affect his life. rights and fundamental rights cannot be denied because they affect very few people.

National Legal Services Authority v. Union of India AIR 2014 SC 1863
As a result of this judgment, which stated that transgender people who do not fit into either the male or female categories fall under a "third gender" category, India became a country where gender equality matters. The right to gender identity, which originally only included the choices of male or female but now also includes the right to choose their sex on the third gender category, was given to transgender people after it was observed that the fundamental freedoms guaranteed by the Indian Constitution would apply to all or any, including them.

Since they were not categorized as male or female, transgender people have endured violence, abuse, abuse, humiliation, and torture. With this ruling, the transgender community's long-standing complaints have been addressed. As part of India's democracy, this case saw a legal declaration of their gender identity. It came to the conclusion that Articles 14, 15, 16, 19, and 21 of the Indian Constitution are violated when a person's gender identity is not acknowledged.

Homosexuality is not a mental illness. Simple and natural. The human mind has no control over this. The situation of the LGBTQAI+community is worst in India. They are bullied, subjected to violence and insulted. The decisions taken by the United Nations positively affect the world. India's stance on LGBTQAI + issues at the United Nations is disappointing. India's strong opposition to LGBTQAI+

rights internationally has damaged its image as a democratic country. It is important to make people aware that the LGBTQAI+ community exists. Human rights are inalienable and inalienable natural rights with which humans are born. Homosexuals are not aliens, they are not sick, and their sexual behavior is natural. The Indian government should remove its surveillance and implement welfare measures on the minority population.

The Supreme Court's decision on Article 377 is an important moment for the LGBTQAI + community because it gives them the right to express their opinions and live a good life, but it will also affect many laws, especially personal ones. Laws like Section 32(d) Parsi Marriage and Divorce Act, 1936; Section 27(1A) of the Special Marriage Act, 1954 and others. Therefore, many family rules need to be changed to solve this problem. It is important to educate people about LGBTQAI+ rights. Human rights are inalienable rights that exist for everyone. People need to understand that sex is not sick, foreign or abnormal. Instead, their sexual orientation is entirely according to the laws of nature.

Human rights must include the recognition of LGBTQAI+ rights. Articles 14, 15, 19, 21 and 29 all prohibit same- sex relationships, adoption, custody, surrogacy, in vitro fertilization, safety and security and include LGBTQAI+offenses due to inability to work. Moreover, discrimination based on homosexuality only violates Articles 14, 15, and 21 of the Army and Navy Code.

Marriages of the LGBTQAI+ community should be subject to the Special Marriage Act 1954 even though it is an individual law because it is less clear than the law Privately, also gay marriage is not allowed in Sharia law So samesex marriage is not possible if Muslims follow their own law.

Therefore, to eliminate conflict and prevent conflict, all LGBTQAI +marriages should be subject to the Special Marriage Act, otherwise legislators should create a new bill specifically affecting the marriage of the LGBTQAI +community. Finally, I would like to say that while the Supreme Court decision is good for the LGBTQAI+ community, I think its societal impact will be a challenge for members in the community. The judiciary must be effective on paper and in practice.

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