Lgbtq

1. LGBTQI: THE COMMUNITY
WITHOUT BOUNDARIES
By Ruchika Gupta
BA LLB 9
En No. 02719103818

2. Introduction
‘We are born equals, it’s the societal norms that list down the parameters for
distinction.’ The LGBTQI community has been fighting for their recognition and
rights, especially for equal opportunity and status in society. Many people look
down upon transgender as someone who is an outcast or not-fit-for-society. The
‘third gender’ community has a unique ‘rainbow flag’ associated with it. It was
designed by Gilbert Baker in the year 1978 and is now a global symbol of pride
and unity. It symbolizes that there exist millions of colours in our world and it is
important to accept each colour.

3. Challenges
They are at a high risk of being infected with sexually transmitted
diseases (STDs) one reason being that many of them often change their
partners frequently. They are likely to suffer from identity crises and
insomnia. LGBTQI face bullying both in school and also at the workplace.
They are considered psychologically ill. Another concern that the LGBTQI
community face is continuing their family lineage and order. Though
biological differences prevail they can very much legally adopt kids. They
are forced to hold themselves back under the name of family reputation.
The society also has a very conservative view about them.

4. The idea of same-sex marriage started to become legalized
at the end of the 21st century. The Netherlands was the first
country to ever do so in the year 2000. Taiwan became the
first place in Asia in 2017 which legalized same-sex marriage.
However, in countries like Sudan, Yemen, Saudi Arabia, Iran
death penalty is implemented for same-sex sexual acts.

5. Rights of the LGBT community people
Article 14 of the Indian Constitution provides that the state shall not deny to
any person equality before the law or equal protection of the laws within the
territory of India on the grounds of religion, race, caste, sex or place of birth.
Article 15 of the Indian Constitution provides that the state shall not
discriminate against any citizen on grounds of religion, race, caste, sex,
place of birth or any of them. It further provides that no citizen shall be
subject to any disability, liability, restriction condition with regard to access to
shop, public restaurants, hotels and places of public entertainment or the
use of wells, tanks, bathing Ghats, roads and places of public resort
maintained wholly or partly out of state funds or dedicated to the use of
general public only on the grounds of religion race, caste, sex, place of birth
or any of them.

6. It empowers the state to make special provisions for the advancement of
socially and educationally backward classes of citizens or for SCs & STs.
Article 16 provides for equality of opportunity for all citizens in the matters
relating to employment or appointment to any office under the state
without any discrimination on the ground only of religion, race, caste, sex,
descent, place of birth, residence or any of them.
The expression ‘sex’ in Articles 15 and 16 includes people who
consider themselves neither male nor female. Article 21 provides
that no person shall be deprived of his life or personal liberty
except according to procedure established by law. Right to life
includes the right to live life with human.

7. dignity as held by the Supreme Court in the landmark decision of Maneka Gandhi v.
Union of India.
In National Legal Services Authority v. Union of India & Ors., the Supreme Court has
recognized the legal and constitutional rights of transgender persons, including the
rights of the hijra community as a ‘third gender’ where Justices K.S. Radhakrishnan and
A.K. Sikri have brought hope and a promise of citizenship to a community that has
largely been outside the legal framework.
As per section 377 IPC, (1860), carnal intercourse against the order of nature, was
unconstitutional in so far as it criminalized consensual sexual conduct between adults of
the same sex. However, in the case of Navtej Singh Johar v. Union of India, The five-
judge bench of the Supreme Court unanimously held that Section 377 of the IPC, 1860.

8. Achievements
Joyita Mondal is the first intersex judge of a Lok Adalat and
a social worker from West Bengal, India. Another famous
personality, Laxmi Narayan Tripathi, a transgender rights
activist, Hindi film actress and Bharatanatyam dancer
recognizes herself as a part of the hijra community. In
2002, Laxmi founded Dai Welfare Society which works for
the transgender community and represented Asia Pacific in
the UN in 2008, where she discussed the plight of sexual
minorities in the society.

9. Conclusion
Though everyone is equal in the eyes of law but in the eyes of
stereotypes, LGBTs are nothing but black stigma. The change in the
mindset and the outlook of the society has led to more openness and
many people are now accepting the LGBTQI phenomenon more openly.
Hence, the difference in their treatment with respect to the other members
of society is slowly declining and leading to a positive and welcoming
outreach.