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LGBT EQUALITY IN INDIA : LOVE HAS NO GENDER

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LGBT- LIFE GETS BETTER TOGETHER


INTRODUCTION

  • LGBT is an initialism that stands for lesbian, gay, bisexual and transgender. The term is an adaptation of the initialism LGB, which was used to replace the word gay in reference to the LGBT community. Activists believed that the term gay community did not accurately represent all those to whom it refers.
  • The LGBT is intended to emphasize a diversity of sexuality and gender identity-based cultures. Lesbians who held the essentialist view that they had been born homosexual and used the descriptor “lesbian” to define sexual attraction , often considered the separatists ,angry opinion of gay feminists to be detrimental to the cause of gay rights. Bisexual and transgender people also sought recognition as legitimate categories within the minority community.
  • We are living in 21st century, the culture, traditions and mindset of people is changing with time. People are becoming more modernized and understanding.
  • Being an educated youth and being an opinionated individual, I don’t feel that there is anything wrong with the LGBT community because Love doesn’t define gender and sexuality . People have their own way of likings, everybody loves differently and nobody has a control on their emotions and who they fall for .

LGBT : WE ARE ALL SAME

  • The idea of human rights rests on the central premise that all humans are equal. It follows that all humans have dignity and all humans should be treated as equal. Anything that undermines that dignity is a violation, for it violates the principle of equality and paves the way for discrimination.
  • The human rights of lesbian, gay, bisexual and transgender people (LGBT) are coming into sharper focus around the world, with important advances in many countries in recent years, including the adoption of new legal protections. The Preamble to the Indian Constitution mandates justice- social, economic, and political equality of status for all. The right of equality before law and equal protection under the law is guaranteed in Articles 14 and 21 of the Constitution.
  • India is a vast and diverse country and attitudes towards this subject and experiences of LGBT individuals vary vastly. The disparity between urban and rural India, language, caste, class and gender add further complexities but what we do know is that India’s LGBT citizens are not a minority. They have a voice that is strong and refuses to be silent any longer in their efforts to reclaim equality.
  • The LGBT community (or LGBTQ community or GLBT community), also referred to as the gay community, is a loosely defined grouping of lesbian, gay, bisexual, transgender, LGBT organizations, and subcultures, united by a common culture and social movements. These communities generally celebrate pride, diversity, individuality, and sexuality.[i]

The term pride or sometimes gay pride is used to express the LGBT community’s identity and collective strength; pride parades provide both a prime example of the use and a demonstration of the general meaning of the term. The LGBT community is diverse in political affiliation.

LGBT is a community of people who have same feelings and same love just like any other person. All the people under LGBT community should be treated with equal respect and dignity . And people living with a mentality of criticism and people who degrade this community should change their mentality and should support LGBT.

We live in a free country where everybody has the write to express their emotions and live like according to their interest and likings. So keeping in mind the changing culture we should accept the reality and be a supporter of it rather than degrading and criticising these people .

Also read The Story of Section 377

SECTION 377

Section 377 of the Indian Penal Code  [ii]criminalizes consensual private sexual acts between adults . It came in force in 1862 .

The penal provision says “ whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life or with imprisonment of either description for term which may extend to 10 years, and shall also be liable to fine “ .

Section 377 criminalises a section of people for being a sexual minority  .

In December 2013 , two judge bench of the supreme court set aside the High Court’s judgement . It upheld the criminalization of gay sex while virtually denying the LGBTQ community the right to sexuality, sexual orientation and choice of partner. In july 2018, a constitution bench, led by Chief Justice Dipak Mishra reopened the entire issue, saying a section of people couldn’t live in fear of the law which atrophied their rights to choice, privacy and dignity .

The Supreme court in august said that every individual has a fundamental right to privacy , which is a right to life and sex is private. The judges on Thursday referred to that as well . Finally , the supreme court deemed the section 377 of the Indian Penal Code which said that gay sex is not an  punishable offence . And said that sexual orientation is natural and people have no control on it. On September 6 2018, gay sex stands decriminalized.

CONCLUSION :

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So now homosexuality has been decriminalized but the reaction of society and different organisations is still a challenge for the LGBT community. Though there are organisations such as All India Muslim Personal Law Board and the Jamaat-e-Islam Hind who expressed their disappointment towards the verdict given by the Supreme Court.

There also exist organisations and parties who are satisfied with the given verdict, namely, Amnesty International, RSS and UN. According to the surveys conducted by various LGBT activists in different parts of the country, life is much better and simple for the LGBT group. Every society needs time to accept any change. The time is not so far when the society will accept the LGBT community and their rights.


[i] http://www.legalserviceindia.com/legal/article-2607-expansion-of-the-rights-guaranteed-to-lgbt-community-in-india.html

[ii] Section 377 – https://indiankanoon.org/doc/1836974/\

This article is written by Ritika and edited by Rupreet Kaur Dhariwal.

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