Author: Tanvi Vikrant Kate, Dr Babasaheb Ambedkar College of Law
To the Point
The LGBTQ community which includes lesbian, gay, bisexual, transgender, and queer people has long faced social rejection, unfair treatment, and legal challenges. But in recent years, there has been a growing awareness about the need for equal rights and respect for all, no matter their gender identity or sexual orientation.
In India, the struggle for LGBTQ rights is closely connected to our history, social beliefs, and legal system. This journey includes fighting old colonial laws, overcoming social taboos, and pushing for fair treatment through activism, court cases, and gradual change in public thinking.
Use of Legal Jargon
Fundamental Rights
Article 14 – Everyone is equal under the law.
Article 15 – No discrimination based on religion, race, caste, sex, or birthplace.
Article 19 – You have the right to speak and express yourself freely.
Article 21 – You have the right to life, privacy, and dignity.
Constitutional Morality – Acting as per the values of the Constitution like equality and dignity, even if society thinks differently.
Non obstante clause – A legal term that means a law will apply even if something else says otherwise.
Self-identification – The right to choose and declare your own gender without needing surgery or medical proof.
Transgender Person – According to the 2019 law, someone whose gender identity doesn’t match the gender they were given at birth.
De facto relationship – A relationship that exists in reality (like a live-in relationship), even if not legally recognised, like in the case of same-sex couples.
Strict scrutiny – A careful check by the court when a law may violate basic rights.
Judicial Activism – When courts step in to protect rights, even if the government hasn’t made a law yet.
Writ Petition – A formal request to the court to protect your fundamental rights.
Special Marriage Act, 1954 – A law that allows people of different religions or same-sex couples (if recognised) to marry without following religious customs.
Transgender Persons (Protection of Rights) Act, 2019 – A law made to protect the rights and dignity of transgender people.
Data fiduciary – A person or group responsible for handling your personal data, especially important for LGBTQ+ individuals’ privacy.
Personal laws – Religion-based rules about marriage, inheritance, and adoption, which sometimes exclude LGBTQ+ rights.
Basic structure doctrine – Some parts of the Constitution, like equality and dignity, can never be changed or removed
The Proof
The fight for LGBTQ+ rights began strongly in the late 1960s. One big moment was the Stonewall protests in 1969 in the USA. After that, more people started speaking up for their rights. Slowly, some countries started changing their laws. For example, the UK made same-sex relationships legal in 1967, and the Netherlands removed such laws way back in 1811.
In 1994, an important case called Toonen v. Australia happened. The United Nations said that people have the right to be treated equally no matter their sexual orientation. Because of this, Australia removed its anti-gay laws. This showed the world that LGBTQ+ people must be protected by human rights laws.
In India, a major win came in 2014, when the Supreme Court said that transgender people should be treated as a third gender and must get equal rights. This case was called NALSA v. Union of India.
Over the years, many countries started giving more rights to LGBTQ+ people – like banning unfair treatment and allowing marriage between same-sex couples. Activists (people who fight for change) also worked hard to stop conversion therapy, which is a harmful practice trying to “change” someone’s sexuality.
Abstract
This article looks at how LGBTQ+ rights have developed in India, especially after the Supreme Court’s important 2018 ruling that ended the criminalization of homosexuality. It discusses the legal and social issues the LGBTQ+ community still faces such as the non-recognition of same-sex marriages and discrimination in workplaces and hospitals. It also covers recent court decisions and suggests changes in the law that can help make sure every person is treated equally and with dignity.
Case Laws
1. Navtej Singh Johar v. Union of India (2018)
This case ended the law (Section 377 IPC) that made same-sex relationships a crime.
The Court said that all people have a right to live with dignity, privacy, and freedom.
2. NALSA v. Union of India (2014)
The Court said transgender people must be recognized as a third gender.
It also said that people can choose their own gender, and the government must protect their rights.
3. Justice K.S. Puttaswamy v. Union of India (2017)
The Court said that every person has a right to privacy.
This helped support the Navtej Singh Johar case, showing that people can live their lives freely without interference.
4. Sushma v. Commissioner of Police (2021)
In this case, a lesbian couple went to court for safety.
The Court said that police and society need to be more sensitive and understanding towards LGBTQ+ people. It also asked for training and awareness programs.
Conclusion
In the last few decades, LGBTQ+ rights have improved a lot in many parts of the world. Some countries now allow same-sex marriage, give legal protection, and respect gender identity. But some countries still have strict laws or no protection at all.
Important laws and court decisions like banning conversion therapy, recognizing gender identity, and giving marriage rights have helped LGBTQ+ people. But many challenges still remain.
To bring real change, we need to:
Keep fighting for better laws,
Educate people to remove fear and hate,
And make sure everyone is treated equally in jobs, schools, hospitals, and everywhere else.
Even though we have come a long way, we must continue working so that all LGBTQ+ people can live freely, safely, and happily.
FAQS
1. How does someone know they are lesbian, gay, bisexual, or transgender?
People understand this through their feelings. For example, someone may feel attracted to the same gender, or they may feel that their true gender is different from what they were told at birth. This is a personal feeling that becomes clear over time.
2. What do sexual orientation and gender identity mean?
Sexual orientation is about who you are attracted to (for example, boys, girls, or both).
Gender identity is about how you feel inside whether you feel like a boy, girl, both, or neither.
These are not choices they are natural feelings that people come to understand as they grow.
3. Are there LGBTQ+ people in all countries?
Yes. LGBTQ+ people live in every country and culture. It is a normal part of human life. In some places, they may hide who they are because of fear or unfair treatment, but LGBTQ+ people have always been there everywhere in the world.
