HOW LGBTQ COMMUNITY GET THEIR RIGHTS BY LEGAL SUPPORT
LGBT is a short term for Lesbian Gay Bisexual Transgender. Here, ‘Lesbian’ stands for a woman who is sexually attracted towards another woman, ‘Gay’ means a man who is sexually attracted towards another male, ‘bisexual’ means a person who is sexually attracted to both men and women, ‘transgender’ means a person whose gender is different from what they were thought to be at the time of their birth.
When it comes to the civil liberties and fundamental freedom, many countries have accepted the same-sex marital relationships. The LGBTQ+ community has constantly faced sexual identity based prejudice. They have been struggling for a long time for the judicial acknowledgment of their human basic rights.
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Historical Background-
- Section 377 of the IPC, 1860 classified it as an unnatural offence.
- In 1977, a book named “the World of Homosexuality” got published which talked about the complete acceptance of the community and not tolerance or sympathy.
- 1981 witnessed the first All India Hijra conference in Agra, which was attended by 50000 members across the country.
- In the year 1994, Hijas were legally provided the voting rights under third gender. Also in the same year the first petition challenging section 377 by the AIDS Bhedbhav Andolan was dismissed.
- In the year 1999, the first pride march to be ever organized in South Asia, was held in Calcutta.
- Later, the Naz Foundation filed a PIL in Delhi High Court for justice against these laws which were causing damage to their pride, respect, community, rights and freedom in India.
Laws and Provisions
Provisions under the Indian Law-
- Section 377
- Any sexual act against the order of the nature shall be a criminal offence
- Sexual relationship between woman and woman, male and male or a human being and animal shall be an offence.
- The offence under the provision shall be punishable for a period extending up to 10 years with or without penalty.
- The constitution of India provides six fundamental rights to every citizen of the country.
- Article 14 provides for the right to equality and equal protection of law to all the citizens of the country including men, women or transgender.
- Article 15 of the Constitution provides protection against the discrimination on the grounds of religion, sex, race, caste or birth place. Thus, it means that no one can be discriminated on the grounds of sexual orientation.
- Article 19(1)(a) of the Constitution of India ensures that all the citizens of the country have the right to freedom of speech and expression. Thus, every person has the right to defend their rights to express their sexual orientation.
- Article 21 of the Constitution of India is regarding life and personal liberty. Thus the Indian Constitution ensures gender privacy, identity and integrity.
Current existence of Section 377 of IPC-
- In the case of Navtej Singh Johar v Union of India (6th September 2018),
- A Bench of five judges Bench of the Supreme Court of India delivered the historical judgment on homosexuality where it was partially decriminalized the provision under Section 377 of the IPC.
- Article 14 of the constitution provided that the consensual sex between two adults is not a valid Intelligible Differentia, i.e. not against the order of nature.
- Under Article 19, human sexuality can’t be defined narrowly. The discrimination against the LGBT community is, thus, unconstitutional.
- However, the crimes related to sexual acts against minors are still an offence, also non- consensual acts and the acts of bestiality are also criminal offence under the provisions of law.
- The apology was extended to the LGBT community and their family members for the delay in providing redressed for the dishonor and avoidance they had to suffer for the centuries.
How legal Support could ensure the rights of the LGBT are safeguarded-
- As is mentioned in the article above, various rights have been safeguarded against under the Constitution of the country. Also, in case of sexual orientation of an individual, sex between two consenting adults is a private matter, as is ensured after partially decriminalizing Section 377.
- Thus, in case an individual irrespective of their sex, race, gender etc. is facing infringement of these rights provided to them under the law of the country, they can initiate legal proceedings against the respective party.
- In order to safeguard their rights as provided under the law, you shall seek legal advice from an experienced legal practitioner or advocate.
Conclusion-
Just because of their sexual orientation, the LGBT community has been constantly facing discrimination and physical and mental harassment not only in their workplace, but also in environments like education, schooling and vocational training. The rights provided in the constitution are equal for every individual and cannot be discriminated against on any ground.
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