Author:- Sushmita Das, Student at Christ Academy Institute of Law, Bengaluru
Abstract
India has made significant strides in recognizing and protecting LGBTQ+ rights, yet many challenges remain. Landmark legal cases have paved the way for progress. Despite the advancements, LGBTQ+ individuals continue to face social stigma, discrimination, and violence. Comprehensive anti-discrimination laws are still lacking, and there is limited legal recognition of same-sex marriages and adoption rights. Economic disparities and barriers to healthcare further exacerbate these issues. Addressing these challenges requires continued legal reforms, societal acceptance, and inclusive policies to ensure LGBTQ+ individuals can live with dignity and equality. Society must work towards fostering a culture of acceptance, challenging discriminatory attitudes, and supporting the legal and social rights of LGBTQ+ individuals. The progress made thus far provides a hopeful foundation, but there is still a long way to go in creating a fully inclusive and equitable society for all gender identities
Introduction
The world is evolving in many ways and similarly it’s evolving in the matter of gender as well, now the states are not limited to just MALE or FEMALE but now it’s more than this recognition. Though the state or nation has openly accepted the rights of female and male but it’s not opening in the same way for the other genders. Ironically the nations are accepting the different genders and affirms them but when it comes to their rights, they take their steps back, but law doesn’t do that rather it doesn’t speak directly but indirectly it had spoken a lot. In many circumstances it had been seen that people are afraid to be recognized as other gender, though they know that they fall under other gender rule but as they are afraid of the society they prefer to hide their real identity but this being afraid of the society is causing for more problems as they have been cases where it had been looked up to that people are gay or lesbian they might like their own gender friends and when they share their feelings and they are not reciprocated they take illegal step to convert their friend, in recent news a video was viralled a lot where a man was seeing crying as his gender was changed without his knowledge just because his friend liked him and so that they would not have complications he the culprit decided to change the gender of the man though now both doctor and the culprit had been nabbed but now the question is what about the man, what he can do now, will the punishment be enough to produce the justice to the man.
And this is being said to show the dark side, that what happens when one’s feeling is not reciprocated being on the same gender.
But the stories are always different, here one side crimes are happening whereas other side there are couples of same gender having good and happy life, where they are living together.
Though the government/law seeing the situation has accepted the other gender and also given them recognition, as of now there are still many who are not comfortable to accept the reality but maybe in near future the society will be very open to accept the same with open hands, so that they doesn’t have to stay hidden.
The problem is society and mentality of few because of which whole chaos is happening, why to make the matters big when it is not needed. Why to question someone’s gender and question then, why to question them on what they are wearing, how are they walking, why there talking behaviour is different, someone who has no idea is questioning then it is fine till one point, but deliberately questioning it is shameful.
Masculinity doesn’t mean having moustaches and muscles and an accent it’s about how you even treat other man/male who doesn’t have the same, it’s about how daring you are to support each other in the society, everything can’t be always about apperance, a criminal can wear good clothes then it doesn’t mean he has good history and is not bad man, a poor who doesn’t have good clothes doesn’t mean is bad for society or he will commit any criminal offence as such. Appearance is nothing but a second skin to hide the real face of any other individual. Accepting the reality with open mind is what matters.
Following the same regime there are few rights which have directly or indirectly provided to LGBTQ+ which can be also understood as progress that took place in the state;
Right to Privacy and Dignity: The Supreme Court’s decision in the Puttaswamy v. Union of India (2017), case affirmed the right to privacy as a fundamental right under the Indian Constitution, although not specific to LGBTQ+ rights, this case is crucial as it established the right to privacy as a fundamental right under the Indian Constitution. The judgment emphasized the autonomy and dignity of individuals, which has been instrumental in subsequent cases related to LGBTQ+ rights and this includes the right of LGBTQ+ individuals to live their lives with dignity, free from unwarranted interference or discrimination based on their sexual orientation or gender identity.
Decriminalisation of Consensual Same-Sex Relations: Following the case Navtej Singh Johar v. Union of India (2018), this landmark case struck down parts of Section 377 of the Indian Penal Code (IPC) that criminalised consensual same-sex relations. The Supreme Court of India declared that consensual adult homosexual relations are not illegal. The court emphasised that LGBTQ+ individuals are entitled to equal rights and protection under the law, including the right to live with dignity and privacy and hitch means consensual adult same-sex relations are no longer criminalised under Section 377 of the Indian Penal Code. LGBTQ+ individuals can engage in intimate relationships without fear of legal prosecution solely based on their sexual orientation.
Recognition of Third Gender: In the National Legal Services Authority v. Union of India (2014), Commonly known as the NALSA case, this judgment recognized transgender persons as a third gender and affirmed their fundamental rights under the Indian Constitution. The Supreme Court directed the government to provide reservations and other affirmative action benefits to transgender individuals and recognized their right to self-identify their gender. The Supreme Court recognised transgender persons as a third gender and affirmed their rights under the Constitution and this includes the right to self-identify their gender and access to fundamental rights such as equality before the law and non-discrimination.
Protection from Discrimination: While specific anti-discrimination legislation explicitly protecting LGBTQ+ individuals is still lacking at the national level; various judgments have emphasised the prohibition of discrimination on the basis of sexual orientation and gender identity under constitutional provisions guaranteeing equality.
Right to Marriage and Family Life: The judgment in Arunkumar & R. v. Inspector General of Registration 2021, recognised the right of same-sex couples to marry under the Special Marriage Act, 1954. This decision opened the possibility for LGBTQ+ individuals to form legally recognised partnerships and families.
Access to Healthcare and Social Services: LGBTQ+ individuals are entitled to access healthcare services without discrimination and to receive appropriate medical treatment, including gender-affirming care for transgender persons.
Right to Freedom of Expression and Assembly: LGBTQ+ individuals have the right to express their sexual orientation and gender identity freely, participate in public and social life, and advocate for their rights peacefully.
Challenges
Social Stigma and Discrimination: Many LGBTQ+ individuals experience societal stigma and discrimination, impacting their mental health and quality of life, which needs to change as soon as possible.
Lack of Comprehensive Anti-Discrimination Laws: There is a need for comprehensive legislation explicitly protecting LGBTQ+ individuals from discrimination in various sectors, including employment, education, and healthcare which will improve their mental health.
Limited Legal Recognition: While some legal protections exist, there is limited recognition of same-sex marriages and adoption rights for LGBTQ+ couples, which is too important to look into.
Violence and Abuse: Instances of violence, harassment, and abuse against LGBTQ+ individuals are still prevalent, and law enforcement agencies often lack the training and sensitivity to handle such cases appropriately.
Economic Inequality: Discrimination in the workplace and lack of legal protections can lead to economic disparities for LGBTQ+ individuals, affecting their livelihood and economic stability.
Conclusion
However, despite the legal advancements, LGBTQ+ individuals in India still face significant challenges, including social stigma, discrimination, and violence. Comprehensive anti-discrimination laws are needed, along with legal recognition of same-sex marriages and adoption rights. Economic disparities and barriers to healthcare also exacerbate these issues. For true equality, continuous legal reforms, societal acceptance, and inclusive policies are crucial. By fostering a culture of acceptance and challenging discriminatory attitudes, society can support the legal and social rights of LGBTQ+ individuals, moving towards a fully inclusive and equitable society for all gender identities.
FAQ
Why is societal acceptance important for LGBTQ+ rights?
Societal acceptance is crucial because it helps reduce social stigma, discrimination, and violence against LGBTQ+ individuals. Acceptance fosters a culture of inclusivity and equality, ensuring that LGBTQ+ individuals can live with dignity and enjoy equal rights.
How can individuals contribute to the betterment of LGBTQ+ rights in India?
Individuals can contribute by:
- Educating themselves and others about LGBTQ+ issues and rights.
- Advocating for inclusive policies and legal reforms.
- Supporting LGBTQ+ organizations and initiatives.
- Challenging discriminatory behavior and promoting acceptance in their communities.
- Being allies by standing up for LGBTQ+ rights and creating safe spaces for LGBTQ+ individuals.
