What is LGBT
The LGBT community, also known as the LGBTQ+ community, stands for lesbian, gay, bisexual, transgender, and queer or questioning. It is a group of individuals who identify as non-heterosexual or non-cisgender. The acronym LGBTQ+ is used to be inclusive of all sexual orientations and gender identities.
- Lesbian refers to women who are attracted to other women.
- Gay refers to men who are attracted to other men.
- Bisexual refers to individuals who are attracted to people of both sexes.
- Transgender refers to individuals whose gender identity does not match the sex assigned to them at birth.
- Queer or questioning refers to individuals who do not identify as heterosexual or cisgender, or who are exploring their own sexual and/or gender identity.
The LGBT community has been historically marginalized and discriminated against, but in recent years there has been increasing acceptance and support for the rights of LGBT individuals. Many countries have recognized same-sex marriages, and many more are working towards protecting the rights of LGBT individuals. However, discrimination against LGBT people is still a problem in many parts of the world.
It is important to note that the LGBT community is diverse and is made up of individuals with different backgrounds, experiences, and identities. It is also important to be respectful and use appropriate language when referring to members of the community and to be aware of the specific needs and issues that may affect different members of the community.
Rights of LGBT community
- The right to equality: LGBT individuals have the right to be treated with the same dignity and respect as any other person, and should not be discriminated against on the basis of their sexual orientation or gender identity.
- The right to privacy: LGBT individuals have the right to keep their sexual orientation or gender identity private and should not be forced to disclose it to others.
- The right to freedom of expression: LGBT individuals have the right to express their sexual orientation or gender identity freely, without fear of discrimination or persecution.
- The right to marry: In some countries, same-sex couples have the right to marry and enjoy the same legal benefits as opposite-sex couples.
- The right to adoption: LGBT individuals have the right to adopt children, regardless of their sexual orientation or gender identity.
- The right to work: LGBT individuals have the right to work without discrimination on the basis of their sexual orientation or gender identity.
- The right to healthcare: LGBT individuals have the right to access healthcare services, including mental healthcare, without discrimination.
- The right to education: LGBT individuals have the right to education, free from discrimination and bullying on the basis of their sexual orientation or gender identity.
- The right to freedom from violence: LGBT individuals have the right to be free from violence and hate crimes, and the state has the responsibility to provide them with protection.
It is worth mentioning that despite some progress, many countries still have discriminatory laws and social norms that violate these rights and discriminate against the LGBT community. It is also important to note that while legal rights are important, changing societal attitudes and ending discrimination is also crucial for ensuring the rights of the LGBT community are respected and protected.
Legal status of LGBT in India
The legal status of the LGBT community in India has undergone significant changes in recent years. Historically, homosexuality was considered a criminal offense under Section 377 of the Indian Penal Code, which criminalized sexual activities “against the order of nature.” This law was used to discriminate against and persecute LGBT individuals.
In 2009, the Delhi High Court ruled that Section 377 was discriminatory and violative of the constitutional rights of LGBT individuals, and struck it down. However, in 2013, the Supreme Court overturned the Delhi High Court’s ruling and re-instated Section 377, effectively criminalizing homosexuality once again.
In January 2018, the Supreme Court of India announced that a five-judge bench would hear petitions challenging the constitutionality of Section 377. On September 6th, 2018, the Supreme court of India in a landmark judgement upheld the constitutional right of all individuals to choose their sexual orientation and struck down Section 377 of the Indian Penal Code. The court held that the provision was violative of the constitutional rights to equality, freedom of expression, and autonomy and went against the principle of inclusiveness and human dignity.
It is worth mentioning that while the repeal of Section 377 is a major step forward for the rights of LGBT individuals in India, discrimination and violence against LGBT people remains a serious problem, and there is still a long way to go in terms of ensuring legal and social equality for the LGBT community in India.
Judicial approach for LGBTQ community in India
The judicial approach towards the rights of the LGBTQ community in India has undergone significant changes in recent years. In the past, the judiciary has been criticized for its negative stance towards the rights of LGBTQ individuals, particularly with regards to Section 377 of the Indian Penal Code, which criminalized homosexual acts “against the order of nature.”
However, in recent years, the judiciary has taken a more progressive approach towards the rights of the LGBTQ community. In 2009, the Delhi High Court struck down Section 377, ruling that it was discriminatory and violative of the constitutional rights of LGBTQ individuals. This ruling was a significant step forward for the rights of LGBTQ individuals in India.
In 2018, the Supreme Court of India in a landmark judgement upheld the constitutional rights of all individuals to choose their sexual orientation and struck down Section 377 of the Indian Penal Code. The court held that the provision was violative of the constitutional rights to equality, freedom of expression, and autonomy and went against the principle of inclusiveness and human dignity. This judgement was a major step forward for the rights of LGBTQ individuals in India.
In recent years, the judiciary has also recognized the rights of transgender individuals, including the right to self-identify as a member of the opposite gender, the right to education and employment, and the right to government benefits.
Overall, the judicial approach towards the rights of the LGBTQ community in India has become more progressive in recent years, and has taken significant steps towards protecting the rights and dignity of LGBTQ individuals.
Judicial decision / cases related to LGBTQ in India
There have been several significant judicial decisions and cases related to the rights of the LGBT community in India:
- Naz Foundation v. Government of NCT of Delhi (2009): In this landmark case, the Delhi High Court struck down Section 377 of the Indian Penal Code, which criminalized homosexual acts “against the order of nature.” The court held that the provision was discriminatory and violative of the constitutional rights of LGBT individuals.
- Suresh Kumar Koushal v. Naz Foundation (2013): In this case, the Supreme Court overturned the Delhi High Court’s ruling and re-instated Section 377, effectively criminalizing homosexuality once again. The court held that the decision to decriminalize homosexuality was a matter for the legislature, not the judiciary.
- Navtej Singh Johar v. Union of India (2018): In this landmark case, a five-judge bench of the Supreme Court heard petitions challenging the constitutionality of Section 377. The court upheld the constitutional right of all individuals to choose their sexual orientation and struck down Section 377 of the Indian Penal Code, which effectively decriminalized homosexuality in India.
- National Legal Services Authority v. Union of India (2014): In this case, the Supreme Court recognized the rights of transgender individuals, including the right to self-identify as a member of the opposite gender, the right to education and employment, and the right to government benefits.
- Justice K. S Puttaswamy (Retd.) and Anr. v. Union of India and Ors. (2017) : In this case, the Supreme Court upheld the Right to Privacy as a fundamental right under the Indian Constitution. This judgement was considered significant for LGBTQ rights as it may have implications for the rights of same-sex couples and transgender individuals.
These cases have played an important role in advancing the rights of the LGBT community in India, and have helped to create a more inclusive and accepting society for LGBT individuals.