RIGHTS OF LGBTQ IN INDIA AND STRUGGLE FOR SOCIAL ACCEPTANCE

VIS A VIS CONSTITUTION

Prince Sharma

BALLB 2nd Year

Siddhartha Law College, Dehradun

ABSTRACT
Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) rights in India have evolved in
recent years. However, LGBTQ citizens still face certain social and legal difficulties as
compared to the people who do not belong to that community. It is duty of the court to pass
just and reasonable order, duty of the Government to ensure that verdict reaches to the
general public and duty of the public to welcome the decision of the court with open arms.
However, with regard to the Rights of LGBTQ+ people, even though the Supreme Court of
India in Navtej Singh Johar vs. Union of India 1judgement, 2018 stepped up by abolishing
the part of Section 377 2of Indian Penal Code which criminalized act of homosexuality, the
Government and the public also failed to utilize the judgment to the fullest as even after
nearly 30 Months of passing of the landmark judgment, the situation with regard to LGBTQ
Community has not improved much.

The Central and State Government failed to make any special provisions for upliftment of
LGBTQ people and the Community also failed to get societal acceptance from the citizens of
the country. The paper looks at the long struggle of LGBTQ Community for basic
Fundamental Rights and the Discrimination they face in different spheres of life with special
reference to Transgender people and Judicial Pronouncements. The paper finally analyzes
the road ahead for the LGBT Community and what further legal and social changes are
needed for LGBT individuals to gain full acceptance and equality within the conservative
Indian society.Therefore this research paper tries to analyse the need of societal acceptance
of LGBTQ community in India.

Key Words: -LGBTQ, Supreme Court, Naz Foundation, Rights, Consensual Homosexual
Activities, Judicial Pronouncement.

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AIR 2018 SC 4321
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Unnatural offences

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INTRODUCTION

The abbreviation LGBT, or lesbian, gay, sexually unbiased, and transsexual, is a general
term. The initialise and a few of its continuous varieties have been being used since the 1990.
Rather than alluding just to the individuals who are lesbian, gay, sexually open, or
transsexual, it can likewise allude to anybody who is non-hetero or no orientation n-
cisgender. For the individuals who distinguish as eccentric or are uncertain of their sexuality
or personality, a typical rendition, LGBTQ, adds the letter Q to connote this inclusivity.
LGBT+. It is asserted that specific parts of orientation, including hetero, bi, and straight, are
on different sexuality ranges. The letters A mean "agamic," "aromatic," or "gender," and
LGBTQIA+, where "the '+' indicates the people who are important for the local area,
however for whom LGBTQ doesn't completely catch or mirror their personality." Certain
individuals allude to LGBT+ as "LGBT and related networks. The LGBT abbreviation has
shown the way that hetero partners can be partners. Since numerous straight allies have been
blamed for using LGBT crusading to support their standing and distinction lately, and since
numerous LGBT activists have scrutinized the heteronormative perspective of specific
straight partners, the consideration of straight partners in the LGBT abbreviation has
demonstrated petulant. Certain individuals could likewise incorporate an "O" for "other," an
"H" for "HIV-impacted," or a "P" for "polyandrous." In India, the term LGBTIH has been
utilized to allude to both the connected subculture and the hire’s third orientation ID. Partners
being added to the initialise has caused discussion since certain individuals trust that doing so
deletes the biogenetic personality. Moreover, there is QUILTBAG (eccentric and addressing,
uncertain, intersex, lesbian, transsexual and two-soul, sexually unbiased, biogenetic and
aromatic, and gay and genderqueer). LGBTIQA+ means "lesbian, gay, sexually unbiased,
transsexual, intersex, eccentric/addressing, agamic and numerous extra terms (like non-
parallel and pansexual)", along these lines. The people group is once in a while alluded to as
LGBTQ2 in Canada (lesbian, gay, sexually open, transsexual, strange and two-soul). The
utilization of abbreviations shifts relying upon which association is utilizing them.
Confidential extremist gatherings often use LGBTQ+, while organizations and the CBC
regularly use LGBT as a shorthand for any lengthier abbreviation. General wellbeing
associations, then again, favour the more comprehensive LGBT2Q+ to more readily serve
native people groups with twin spirits. The Pride Toronto bunch previously went by the
significantly longer name LGBTTIQQ2SA, however it appears to have deserted this for a

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more direct expression. Furthermore censured for utilizing the contraction 2SLGBTQQIA+
was Justin Trudeau, the state leader. The term transgender is often assembled with the term
transsexual, in any case, a few transgender can't help contradicting this. Consideration of
intersex Principal article: LGBT and intersex the shortenings LGBTI or LGBTIQ might be
utilized by the individuals who incorporate intersex individuals in LGBT associations or
associations. Intersex people and the lesbian, gay, sexually open, and transsexual (LGBT) and
eccentric gatherings have convoluted connections, nonetheless, they are every now and again
remembered for the LGBT class to make a LGBTI people group. While some intersex people
favour the initials LGBTI, others would like to be rejected from the word out and out. Emi
Koyama makes sense of how the consideration of intersex in the LGBTI people group can
botch valuable chances to address intersex-explicit basic freedoms concerns, for example,
sending the mixed signal that regulations safeguarding LGBT individuals likewise safeguard
intersex individuals' privileges and neglecting to perceive that numerous intersex individuals
don't distinguish as LGBT. Some intersex individuals are same-sex pulled in, while others are
straight, as per Association Intersex Global Australia. Be that as it may, the "LGBTI
development has lobbied for the freedoms of the people who fall beyond ordinary paired sex
and orientation principles." The LGBT people group "offers us an area of relative

Wellbeing, yet it is additionally ignorant concerning our exceptional requirements," as

indicated by Julius Kanga of SIPD Uganda.

Over the years, Naz Foundation 3has conducted thousands of sessions to help individuals and
community based organisations understand sexuality and mainstream HIV in their
programmes. Naz has worked to strengthen the care and support services provided to people
living with HIV/AIDS (PLWHA) as well as counselling and referral for the LGBTQIA+
community. In 2001, it set up one of the first homes for orphan children living with
HIV/AIDS in Delhi.

With a focus on advocacy, Naz successfully challenged the archaic law under the Indian
penal code under Sec 377 which criminalised homosexuality.

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https://www.nazindia.org/

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HISTORY OF LGBTQ

Greek vestige gives the earliest sign of LGBT associations. Nonetheless, most of them
included more established and more youthful guys. In the late middle age hundreds of years,
the congregation was the origination of homophobia. What's more, things just deteriorated
during the Renaissance. On August 31, 15/12, many valiant individuals of the day rose in
fight. Youthful blue-bloods in Florence performed what is in many cases viewed as authentic
occasions. Showing for gay freedoms. Nonetheless, monophobia kept on spreading to frontier
America. Being Gay was not allowed in that frame of mind in 1776. There was no
improvement until the twentieth hundred years, albeit gay bars began to show up in large
urban communities yet were often looted. The police on the grounds that, besides in Illinois,
it was still illegal to be gay. The notable Stall Motel Doing New York City was one of these
bars. On June 28, 1969, in the early morning. Which additionally turned out to be Judy Grab
land’s remembrance administration day. The visitors at the Stall Motel pursued the choice not
to acknowledge it. The ongoing gay freedoms development was started by a dark transsexual
lady named Marshal Johnson, who is credited with placing the T in LGBTQ. The Tso and
their allies presently notice transsexual mindfulness week each November. The Guides
pestilence started in the mid-1980s, and the LGBT people group was most awful crushed.
When remembered to be a gay illness, helps. Network, which represents GAY RELATED
Safe Lack, was its underlying name. The LGBTQ people group defended them at that point;
the public authority wasn't battling for them. The LGBTQ people group needed to defend
itself. By being coordinated, they battle. Misbehave, The Gay Men's Wellbeing Emergency,
The Lesbian Guides Undertaking, and The Names Venture emerged as dissident associations
that wouldn't disappear. The undeniably strong gay local area had a solitary goal. They
accepted that the reason for homophobia was that individuals didn't know other gay
individuals and that in the event that more individuals realized gay people emerging,
generalizations about them would never again apply. Getting individuals to make an
appearance was as yet a test. Nonetheless, when Ellen declared her sexual direction on the
front of Time magazine in 1997, things turned out to be a lot simpler. Following that, a rising
number of LGBT individuals started to show up in Programs and movies, giving great many

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individuals more certainty to adore anybody they need. Massachusetts was the primary state
to order marriage fairness regulation in 2003. Furthermore, after 12 years, every one of the 50
states had authorized it. It includes all divisions of a colossally shifted local area. Other
comprehensive abbreviations proliferate, some more so than others. The south Asian country
of India has an extensive and tangled past. Furthermore, numerous guests who came from one
side of the planet to the other remained. The most recent gathering was the English, who
stayed for over 200 years prior to leaving in 1947.

Under Section 377 of the Indian Penal Code, sexual behaviour that was "against the order of
nature" was illegal during the British Empire.

 Engages in sexual activity with another person or animal against the laws of nature
will be punished with 1[life  imprisonment.

In 1861, which was 150 years ago. To put that fact into perspective here are some things from
1861 that no longer exist.-

 Sati The telegraph, steam locomotive.

 The caste system.
 Oppression of women.
 Simon goes back.
 Child labour.

This is a model of similar legislation still in force in Bhutan, Brunei, Kiribati, Marshall
Islands, Nubba, Papua New Guinea,Tonga, Malawi and Sri Lanka.

In 1997, Shakuntala Devi, a mathematician professional, distributed the first concentrate on

homosexuality in Quite a while entitled The Gay World. In 1994, hijras were legitimately
given the option to cast a ballot as the third orientation. Helps Bhedbhav Virodhi Andolan
finished his most memorable appeal recording in 1994. This appeal was at last excused.

There self-certification, respect, uniformity, privileges increment there deceivability as a

gathering, fabricate local area and big name variety. Pride, instead of disgrace and social
stigma, is the dominating standpoint that most LGBTQ privileges development convey all
through the world. Places in India where Pride walk actually occur. Kolkata, Bengaluru,
Delhi, Mumbai, Chennai, Pune, Seurat, Guwahati, Chandigarh, Bhopal, Hyderabad, Madurai,
Ahmedabad.

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SANATAN DHARM ON LGBTQ-

In Vedas they have been referred to as tritya prakriti or 3rd nature.

Individuals of third sex (tritya prakriti) have blended male and female quality ordinarily and
birth. Vedic texts portray them as gay, transsexual and intersexes (caraka sumnita, Kama
sutra) or bone with both male and female qualities. In any case, in Quran and Book of
scriptures it isn't acknowledged.

According to Quran.

If a man lies with a male as with a female both of them committed an abomination.

According to Bible-

Do you commit horrifying presence, for example, no individuals in creation ever advisory
group benefit? Your training you’re rundown on mem in inclination to ladies. You are for
sure a group hanging past bound. In any case, no Vedic regulation denounces homosexuality.

According to Constitution of India

India is a country with a divorce population that includes people of various races, region,
castes, and genders. However, being one of the fastest growing economics, India has been
slow in accepting the Lesbian, Gay,Bisexual, Transgender, and Queer (LGBTQ) community.
The struggle for social acceptance of the LGBTQ community in India is a long standing
issue. Despite the Indian Constitution guaranteeing fundamental rights to all citizens
regardless of their sexual orientation, the LGBTQ community continuoes to face
discrimination on social stigma.

In 2018, the Indian Supreme Court passed a landmark judgement in the Navtej Singh Johar
vs Union of India4, which decriminalized same sex relationship. This judgement was a
significant stepped towards recognising the rights of the LGBTQ community in India.
However, it is important to know that the struggle for social acceptance of the LGBT
community is far from over. The LGBTQ community faces significant challenges in India.
Discrimination, harassment and violence against members of the community are still
common. This is particularly true in rural areas and smaller town, where traditional attitude
towards gender and sexuality are still prevalent.

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AIR 2018 SC 4321

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The legal framework for protection of the LGBTQ to community in India is still evolving, but
there have been some significant development in recent years. Here are some of the key laws
and policies related to the protection of LGBTQ individuals in India:-

1. Decriminalization of homosexuality: In 2018 the Indian Supreme Court

decriminalized consensual homosexual activities by declaring section 377 of the
Indian penal code and constitutional. This was a major step towards protection
protecting the rights of LGBTQ individuals in India.
2. Anti-Discrimination laws: While there are no specific anti-discrimination laws that
protect LGBTQ individuals in India, several law protect against several law protect
against discrimination on the basis of sex religion and cast which can also be
interpreted to include discrimination on the basis of sexual orientation of gender
identity.
3. Transgender Persons (Protection of Rights) Act 2019: This law provides recognition
against man for stop it also provides for the establishment of National council for
transgender persons who oversee the welfare of the community.
4. Adoption Rights: In 2020 the Indian government amended the Juvenile Justice (care
and protection of children) Act, allow the for the option of children by same couples.
This was a significant step towards recognising the right of LGBTQ to form families.
5. Corporate Policies: Several private companies in India have adopted include
inclusive policies towards LGBT individuals including non-discrimination policies
support for gender transition, and partner benefits.
One of the landmark judgement by Indian Supreme Court on the topic of rights of the
executive community in the is the Navtej Singh johar Despite homosexuality been
decriminalised, the laws in India still remain hostile and prejudicial towards the
LGBT community in several ways.The reason behind this is that there exists an
enormous gap between the legislative and the judicial development of LGBT laws in
India. So, though the Supreme Court of India through the landmark judgements
of National Legal Services Authority v. Union of India5,Navtej Singh johar v. UOI,
K.S. Puttaswamy v. UOI 6has laid the groundwork to confer upon the queer and non-
binary community a bundle of basic human rights, but the legislature has failed to
keep up with the recent developments.

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Writ petition (civil) No. 604 of 2013
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(2017) 10 SCC 1

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 In this case of 5 judge bench of the Supreme Court unanimously ruled that section 377 of
the Indian Penal code which criminalised consensual homosexual activities was
unconstitutional. The code has that the provisions polluted the fundamental rights of the
individuals including, the Right to Equality, Privacy and Dignity as guaranteed under
Article 147, Article158, Article19 9and Article2110 of the Indian Constitution.

The court recognized that sexual orientation is the violation of their fundamental rights.
Towards recognising the rights of the eligibility LGBTQ community in India and paved
the way for greater social acceptance of LGBTQ to individuals. Following judgements
there have been several positive developments towards the acceptance of the LGBT you
community in India many private companies and organisations have adopted inclusive
policies towards exhibition place in major in India struggle for social acceptance of the
eligibility kyon community in India is far from over. Discrimination harassment and
violence against member of the community in rural areas and smaller towns. It is
important for Indian government to continue to work the creating more inclusive society
and the values that values diversity and supports the rights of all is citizens, regardless of
sexual orientation on gender identity.

Conclusion

The struggle for the rights and social acceptance of the LGBT community in India has
been a long and US journey. While the Indian Constitution provides the equality non-
discrimination and the protection of fundamental rights principle has not always been up
held in practice. LGBT individuals in India have face discrimination violence and their
struggle for recognise and acceptance is far from over. The landmark judgement by the
Indian Supreme Court including the stage of India case have been important step cases
have been important step towards reorganization the recognising the rights of LGBT you
individuals in India and allowing for adoption all positive development and inclusive
there is still a long way to go towards achieving full social acceptance for the algebra in
India. Continue to be a major challenge particularly in rural areas and similar town list of
the Indian government civil society organisation and individuals all have a role to play in

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Equality before law
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Prohibition of discrimination on grounds of religion,race,caste,sex,or place of birth
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Protection of certain rights regarding freedom of speech,etc
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Protection of life and personal liberty

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creating a more include the society that values diversity and support and supports we
write of all citizens regardless of their sexual orientation of all general identity. It is
important to continue rising awareness about the challenging challenges faced by the
LGBT in India and two advocate for their rights and social acceptance. This can be done
through legal and policy reforms education that is society that is accepting and supporting
supportive of all in which was regardless of justice orientation of gender identity will
require a consulted afford by all members of the society but is a goal that is a goal that is
worth is a goal that is what streaming towards.

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BIBLIOGRAPHY-

 Some important case laws on LGBTQ.

 Lawctopus.
 Quara.
 Definition of LGBTQ on Wikipedia.
 Some marital laws.
 Indian Penal Code.
 German Criminal Code.

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