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LGBTQIA+

LGBTQIA+

The Preamble of Indian Constitution recognises its citizens impartially as "We the people of India" and ensures justice - social, economic, and political. In September 2018, in the review of Section 377 of Indian Penal Code, the Supreme Court gave the judgment to decriminalize adult consensual same-sex marriages. This decision is considered a landmark, both in terms of its expansive interpretation of constitutional rights and in terms of empowering LGBTQIA+ community. While it was a big achievement, it does not mean that LGBTQIA+ people in India are absolutely free or treated equally to their fellow citizens. It undermines the amount of work that remains to be done in India and around the globe.

History of Recognition of LGBTQIA+ In India

• Ancient India was about acceptance and celebration of all forms of love and neutrality to the idea of homosexuality. Visual example is the Khajuraho Temple of Madhya Pradesh, showcasing the existence of sexual fluidity between homosexuals.
• In 1861, Britishers considered sexual activities “against the order of nature” including all homosexual activities were criminalized under section 377 of the Indian Penal Code.
• In 1977, Shakuntala Devi published the first study of homosexuality in India, called “The World of Homosexuals”. It called for “full and complete acceptance and not just tolerance and sympathy”.
• In 1994, they were legally granted voting rights as a third sex.
• In 2014, the Supreme Court of India ruled that transgender people should be treated as the third category of gender.
• In 2017, the Supreme Court gave the country’s LGBTQ community the freedom to safely express their sexual orientation.
• On 6 September 2018, the Supreme Court struck down the part of Section 377 which criminalized consensual homosexual activities.
• In 2019, Parliament enacted Transgender Persons (Protection of Rights) Act with an objective to provide for protection of rights of transgender people, their welfare, and other related matters.

Problems Faced by LGBTQIA+

• Marginalisation: LGBTQIA+ individuals may experience multiple forms of marginalisation-such as racism, sexism, poverty or other factors – alongside homophobia or transphobia that negatively impact their mental health. Often, such marginalisation leaves LGBTQIA+ people without access to the basic services such as medical care, justice and legal services, and education.
• Impact of Family Reactions on LGBT Children: Rejection and serious negative reactions kept many LGBTQIA+ youngsters from telling their parents about their feelings. In a society bound by a rigid set of social and cultural norms that dictate the terms and conditions of education, career and marriage, the lack of family support can prove to be a big blow to the mental and physical health of LGBTQIA+ people.
• Unheard Rural Voices: The voices of urban LGBTQIA+ people are heard through several online and real-world platforms. Lack of Employment Opportunities: Difficulties in obtaining accurate gender identity documents, including school records, adversely affect employment prospects. Discriminatory eligibility requirements place gender restrictions on some jobs, which effectively exclude transgender and gender non-binary persons from getting the job.

 

Solutions for LGBTQIA+

• Changing Social Attitude Toward LGBTQIA+ People: As TV and movies are accessible to rural populations where social media has not yet penetrated, they are likely to be the best tools for redefining family roles and attitudes through programs and stories that educate and enlighten, as well as relay LGBTQIA+ experiences in authentic and diverse ways.
• From Special Treatment to Equal Treatment: LGBTQIA + people don't seem to be aliens, they're not sick and their sexual preference is innate and being homosexual is a normal phenomenon and not a disease. They deserve to be treated equally, not specially and once they are included in Indian society as equals, they will get fully blended in collective development.
• Gender Neutrality: There is a need to treat all genders as equal with none discrimination. It conjointly means policies, language, associated social behaviour should avoid characteristic roles per an individual’s gender.