LGBTQ Rights in India and Acknowledgment

Aug23,2020
Transgender Persons (Protection of Rights) Act, 2019Transgender Persons (Protection of Rights) Act, 2019

By Harshita Sharma-

“Why is that, as a culture, we are more comfortable seeing two men holding guns than holding hands?”-Author Ernest J. Gaines

  • We are all aware that LGBTQ communities are now accepted by law on 6 September 2018, but do we all know of their struggles in their lives and their fear of still not being accepted by their families?
  • LGBTQIA basically stands for lesbian, Gay, Bisexual, transgender, queer, intersex, and asexual.
  • If we dig deep into our history, there are more than 20 types of gender such as Tran’s men, Tran’s women, androgynous, pangender and trig ender in the era of pre-modern history
  • In ancient India, Trans people were accepted and referred to the terminology like Tritiya Prakriti.

LGBTQ+ history in India

  • One can say that homosexuality is old as Vedas and the Trans community is as old as Madurai’s temple
  • In past years we all have seen slow but steady achievement in LGBTQ rights in India
  • In 1977 Shakuntala Devi also wrote a book named as the world of homosexual
  • In 1981 The All-India Hijra Conference was called, Around 50,000 members of the community traveled to Agra to attend it.
  • In 1986 a journalist came out of the closet by writing an article about himself for the savvy magazine.
  • In 1987 two policewomen named as Lela and Urmila from Uttar Pradesh married each other  
  • The first-ever remonstration for gay rights followed on 11 august 1992 where AIDS Bhedbhav Virodhi Andolan filed a PIL (public interest litigation ) in Delhi High Court questioned the validity of section 377 of Indian penal code.
  • In 1997 two separate helplines were introduced for LGBTQ Indian –sangini for lesbians, bisexuals, transgender women, and humraz for queer men.
  • In 1999 the first-ever GAY PRIDE PARADE was marched in Calcutta called ad the Calcutta rainbow pride.
  • In 2002, Kali became the first hinjra person to have a seat for elections in Bihar. She was elected as district councilor to the Patna Municipal Corporation.
  • In 2003 voices Against 377 (a multi-organization group) was formed.
  • In 2008, LGBTQ rights campaigners in India released a statement on how colonialism and the oppression of queer Indians worked for hand in hand. 
  • In December 2015, parliamentarian and opposition party politician Shashi Tharoor prepared a private member’s bill to amend 377.

India’s largest LGBTQ film fests – was first launched in 2010

LGBTQ Rights in India

India’s Supreme Court in 2018 struck down Section 377, a colonial-era law that forbids same-sex relations, sparking hopes of equality for the country’s lesbian, gay, and bisexual and transgender population. Even after this, they have a fear of living a normal life among societies as they don’t get the equal status they find it hard to adopt children to find a job to find a suitable society.Even after article 15 of our constitutions forbid discrimination on the basis of caste religion, sex, etc. our society shows clinginess towards them and still finds it hard to accept mostly in rural areas. Regardless of these constitutional readings, no unambiguous law has been ratified to embargo discrimination on the basis of sexual orientation. Regarding employment, Article 15 only covers discrimination from the state or government bodies.

 Transgender Persons (Protection of Rights) Act, 2019 prohibitions prejudicial discrimination against transgender people in educational institution and services, employment, healthcare facilities, entrée to the “use of any goods, lodgings, amenity, facility, profit, freedom or opportunity dedicated to the use of the general public or normally accessible to the public,” the right to program, the right to “be located in, purchase, rent or otherwise inhabit any property,” the chance to stand for or hold public or private office, and in government or private institution ions

LGBT protesters are inspiring people who have encountered discrimination because of their sexual preference or gender identity in private employment or other non-state areas to mount challenges in court, looking for to test the jurisprudence set by the two rulings  They are also protesting for an obvious anti-discrimination law that would outspread to a private perception

LGBT people are barred from openly serving in the Indian Armed Forces.

Later in December 2018, Member of Parliament Jagdambika Pal (BJP) announced a bill to the Indian Parliament to modify the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, that would permit LGBT people to assist in the Armed Forces.

Even now, India does not have official data of LGBTQ communities, but the government estimates that there are about 2.5 million gay people.

 LGBTQ Rights in All around the World

Human rights are undividable and unchallengeable rights due to all people. Articles 1, 2, 3, 5, 6, 7, and 16 of the Universal Declaration of Human Rights (UDHR) talks about the rights to equality; freedom from discrimination; life, liberty, and personal security; freedom from anguish and humiliating conduct; acknowledgment as a person beforehand the law; equality before the law; and the rights to wed and have a family.

Certain persons, specifically lesbian, gay, bisexual, and transgender (LGBT) folks, are in many places and situations deprived of their claim to the full set of human rights. This puts LGBT people in many countries at risk for discrimination, abuse, poor health, and death — the ultimate human rights violation.

  • For LGBT people, it may affect in discrimination in housing and lack of benefits that are enjoyed by straight people .the members of lgbtq community mostly faces harassment and stress; Physical abuse and injuries; and/or torture and death.
  • LGBT people in many cultures are exposed to discrimination, exploitation, agony, and sometimes state-sponsored execution.
  • For many human rights abuses, there exist laws under which countries penalize wrongdoers of such abuses
  • For LGBT people in furthermost countries, exploitations committed against them are not observed as human rights violations
  • Certain nations such as Iran and Saudi Arabia, have laws calling for the execution of “practicing homosexuals
  • Legitimate marriage bears many additional aids and securities to couples. Only rare governments (such as, Canada, Belgium, the Netherlands, and Spain) identify LGBT rights to marry and form a family
  • In the human rights field, foremost international human rights organizations have only devoted to counting the rights of LGBT people within the past period.
  • Human rights organizations like Amnesty International and Human Rights Watch now have movements to speak about LGBT human rights violations.
  • Specific LGBT human rights groups have been vigorous for much longer. For instance, the International Gay and Lesbian Human Rights Commission (IGLHRC)
  • There are some provisions for LGBT human rights at the United Nations (UN).
  • The UN Human Rights Committee, which observer’s acquiescence with the International Treaty on Civil and Political Rights, originate that laws exhausting adult consensual homosexual acts violate the Covenant’s guarantees of non-discrimination and privacy and held that discrimination on the basis of sexual orientation is forbidden.
  • Human rights are the important rights of each human being, nevertheless of culture or social standards. Working for the acknowledgment of LGBT human rights is about guaranteeing access to health services, but also comprises of communication out and acting to confirm the discernibility of LGBT people, understanding LGBT issues, and being aware of the range of human rights violations that occur. Principles must be codified into policies and laws, both international and country-specific.

Conclusion

Thus it can be said that in some part of the world people are recognising lgbtq people but it will take a lot of time to normalize people and not use LGBTQ+ names as a disgrace or as of bad mouthing other but as most of the people now understands and acknowledging others as well . After years and decades of struggle most of the parts of the world have now abolished the prohibition of LGBTQ+and have considered them as equal to others.

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