Rights of the LGBTQ+ Community

Introduction:

“People around the world face violence and inequality and sometimes torture, even execution because of who they love, how they look, or who they are.”[1]There are many countries in the world where the LGBTQ community face discrimination and there are no provisions to protect their rights. They face discrimination in public places, they are looked upon very differently in society, they are also not given general rights which normal or heterosexual human beings are provided in the country.  Even in those countries where they are provided with the rights, they are not implemented properly.

The people of the LGBTQ community have struggled for a long period of time to get the rights for them and are still struggling. They have started battling for their rights in public as well as courtrooms. In India, there are various provisions and rights which are being provided to the people of LGBTQ community and also over last few years there have been various judgements passed by the Supreme Court of India in favour of the LGBTQ people.

Problems Faced by the Community

Homosexuality and queer identities may be more acceptable to more Indian youth than before. But within the boundaries of family, school acceptance of their sexuality. Their freedom to openly express it still remains quite a difficult task for the people of LGBTQ community. There are various problems which they face; like it is sometimes consider as a mental illness by the people of the society. Sexual assault with the people of the LGBTQ community. It is mainly shun against the idea of a male on female. Lesbian women may sometimes be subject to rape by their own family members. This is mainly some of the problems face by the LGBTQ  community in India.

History of Rights in India

“The human rights of lesbian, gay, bisexual, transgender and intersex people are coming into sharper focus around the world; with important advances in many countries in recent years including the adoption of new legal protections.”[2]There has been growing awareness between people of the LGBTQ community in India for their rights and they have started coming out together as a group to raise their concerns. They have started organizing movements and also started creating more awareness amongst the public for their issues and their rights. Apart from this, they have started moving to courts for fighting for their rights. The fight for their rights in long till the judgment of the Supreme Court in the year 2018 decriminalizing homosexuality.

Timeline

1. A  report giving the experiences of the LGBTQ community was release by the AIDS BedhbhavVirodhiAndolan; showing how they used to face extortion, violence. The report also called for repealing of sections like 377 which discriminates them.
2. In  December 2001 the Naz Foundation working with gay men filed PIL; challenging the constitutionality of Section 377 in Delhi High Court which was dismiss by the high court in 2004; saying there was no cause of action and only academic issues cannot be dealt or examine by the court.
3. This was reinstate in Delhi High  Court by the Supreme Court by the special leave petition; filed by the Naz Foundation for the case.
4. In 2009 Delhi High Court decided to strike section 377 citing the violation of the right to life, liberty and equality; enshrined in the Constitution of India which was overturn by Supreme Court in the year 2013.
5. After a long battle in the Supreme Court of India and petitions; filed by different people from the same community in the country. In September 2018, “ in a unanimous verdict, the Supreme Court; decided to scrap section 377 which CJI Misra describes as irrational, indefensible and manifestly; arbitrary making a triumphant end to the long struggle for justice.”[3]

Conclusion

There were a lot of difficulties and problems faced by the people of the LGBTQ community. They face a lot of discrimination in the society and also they were not provide with equal rights as that of the normal or heterosexual people. They were continuously struggling and after a long period of time or struggle, section 377 was decriminalize by Supreme Court in September 2018 but even though they still tend to face a lot of discrimination in society.

References:

[1]Human Rights Watch , LGBT Rights , https://www.hrw.org/topic/lgbt-rights, (12/7/2020  2.07pm)

[2]Zainab Patel , The long road to LGBT equality in India,  UNDP India , https://www.in.undp.org/content/india/en/home/blog/lgbtequalityindia.html , 17^th May,2019  (12/7/2020  6.25pm)

[3] Maria Thomas, Timeline: The struggle over section 377 began over two decades ago, Quartz India , https://qz.com/india/1379620/section-377-a-timeline-of-indias-battle-for-gay-rights/ , 6^th September , 2018 ((13/7/2020 12.09 pm)