Is LGBTQ sin for orthodox countries?
- Introduction
As mention in the article 21 of the constitution that no person shall be deprived of his life or personal liberty except according to procedure established by law. Has our parliament established such procedural laws by which LGBTQ people rights shall be violable? If not then why they are treated as sin of country, I am ADARSH TRIPATHI and in this article I am going to share the bad repercussion LGBTQ people are facing from government and people mentality.
As in the recent judgment were the supreme court has declared not to recognise the marriage of homosexual couple in the case of “Supriyo Chakraborty vs Union of India” by 3:2 majority, is it not a violation of Article 14 between Hetrosexual and Non-Hetrosexual couple?
History is full of instances of the State having used the provision to rip-off the dignity and autonomy of individuals who engaged in sexual activity with persons of the same sex, but as the time passes countries are recognising the need of homosexual peoples. In the world 30 countries has recognised the marriage between Non-Hetrosexual couple and lastly Estonia has recognised.
- What is taboo in being the relation with same sex people.
In India people who belongs to third gender face violence by people in many ways they are continuously being poked by the hetrosexual’s. Many of people kill there child if they are not being in the first two gender. A survey has been done where it has been found that 54.5% of the suicide has happen in LGBTQ because of social stigma. People use derogatory words like “HIZRA, KINNAR” and many more.
In the urban areas it is still okay to live but not in rural, people hasn’t developed to accept them, they has prejudice mind set if they will be in close contact with them they will also be same as they are. They are the highly discriminated class in the society. Supreme court has also not recognised the marriage between the homosexual people which is also not a great sign for them. Union between same-sex couple is not only for falicitating of sexual actitivity but for love and affection between two souls.
- What is LGBTQ?
LGBTQ is a acronym for Lesbian, Gay, Bisexual, Transgender, Queer. This acronym is used to represent individual who are not heterosexual.
- Lesbian :- They are the female individuals who get attracted towards female only.
- Gay :- They are the male who get attracted towards male only.
- Bisexual :- Individual who attracted by both male and female.
- Transgender :- A individual whose gender identity is now different from the birth. For example :- A individual is male at the time of birth but after surgery he convert himself into female.
- Queer :- It is an umbrella body for non- hetrosexual couple. Some use term queer as a less specific label for their gender or inividual use if he is not specific for their gender.
- International case laws
- Obergefell vs Hodges :- In 2015 American Judiciary has legalise same sex marriage. Supreme court held that ban on same sex marriage were unconstitutional.
- Bostock vs Clayton County :- In 2020 Supreme court of US held that it is illegal to discriminate in employment, on the basis of sexual orientation or gender identity.
- Atala Riffo vs Chile :- In this case the Inter-American Court of Human Rights ruled that Chile can’t discriminate against lesbian mother’s for the custody of child.
- Cases in India related to LGBTQ
- Navtej Singh Johar vs Union of India :- This was a landmark judgment of 2018 for the right of non-hetrosexual couple, in which Supreme Court has decriminalised censual sexual activity between same sex people by striking down section 377 of IPC.
- NALSA vs Union of India :- In this case Supreme Court recognises the transgender Individual right and directed government to take measure to uphold their rights.
Section 377 of IPC :- This section is for “carnal intercourse” which is term as an unnatural offence. If any mankind has done with man, women or with animal shall be punished with imprisonment. But this section was declared unconstitutional in Navtej Singh Johar case.
After that carnal intercourse between human is legal.
Conclusion
The recognition and affirmation of LGBTQ rights are not just a legal victory but a triumph of human dignity and equality. It is a testament to the progress that societies worldwide are making in embracing diversity and rejecting discrimination. By upholding the rights of the LGBTQ community, we send a powerful message that every individual, regardless of their sexual orientation, gender identity, or expression, deserves respect, protection, and the freedom to live their lives authentically.:Adarsh Tripathi
Author: Adarsh Tripathi, a Student of Manikchand Pahade Law College
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