UNVEILING IDENTITIES : THE LGBTQ+ AND THE STRUGGLES FOR SOCIETAL ACCEPTANCE IN INDIA
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-9 ISSUE NO:- 9 ,MARCH 30, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com UNVEILING IDENTITIES : THE LGBTQ+ AND THE STRUGGLES FOR SOCIETAL ACCEPTANCE IN INDIA Authored by:- Gaurangi Mehrotra Co-author:- Shweta Singh ABSTRACT The rights of LGBT (lesbian, gay, bisexual, transgender, and queer) people have changed in India in recent years. Nonetheless, compared to those who do not belong to the LGBTQ community, LGBTQ residents continue to confront particular social and legal challenges. The people have a responsibility to accept the court’s decision with open arms, the government has a duty to make sure the verdict reaches the general public, and the court has a duty to issue just and reasonable orders. Though the Supreme Court of India in the Navtej Singh Johar vs Union of India ruling in 2018 took a step forward for LGBTQ+ rights by striking down a portion of Section 377 of the Indian Penal Code that made homosexuality a crime yet there hasn’t been much of an improvement in the LGBTQ community’s circumstances. LGBTQ individuals did not receive any special treatment from the federal or state governments, nor did they receive social acceptability from the nation’s populace. The study examines the long-standing fight for basic rights by the LGBTQ community and the discrimination they encounter in a variety of contexts, with a focus on transgender individuals and judicial declarations. The paper finally examines the path ahead for the LGBT community and what additional social and legal reforms are required to ensure that LGBT people are treated equally and with complete acceptance in the traditional Indian culture. KEYWORDS: LGBTQ+, Literature Review, Issues Faced by LGBTQ+ people, Section 377 IPC 1860, The Transgender Persons (Protection of Rights) Bill, 2019, Landmark judgements , same sex Marriage in India RESEARCH METHODOLOGY The descriptive research is focused on secondary sources and involves the analysis of books, research papers, articles, and blogs. Verified e-data sources, including SCC online, Indian Kanoon, Manupatra e-database, and others, are the source of the case laws and reports. The study looks at a variety of problems that the LGBTQ group faces in social, legal, and personal contexts. An examination of the LGBTQ community’s legal battle history and equality. The effects of social interventions on communal life and the legal recognition of marriage. A critical assessment of the 2019 Transgender People (Protection of Rights) Act Analysis of judgements that have favoured the LGBTQ community. INTRODUCTION “Like the fair Hermia and Helena, let us pursue love fearlessly, regardless of the obstacles that stand in our path” a reference from Shakespeare’s plays “ A midsummer Night’s dream”. This phrase encapsulates the spirit of love, acceptance, and identity that the LGBTQ community celebrates by drawing from the rich tapestry of literature. In a same vein, individuals cannot be treated differently, subjected to discrimination, or denied their basic human rights just because of their sexual preferences, they even need love, identity and acceptance. The fundamental tenet of human rights is the equality of all people. It follows that everyone is entitled to respect and that everyone ought to be treated equally. Anything that compromises its dignity is wrong since it goes against equality and encourages prejudice. The fundamental principles of the Indian Constitution’s preamble, which demand justice and equality of position for all people in all domains—social, economic, and political—are likewise broken by this kind of discrimination. This article examines the legal rights, significant rulings, and continuous struggles that the LGBTQ+ population in India faces in detail. What is “LGBTQ+” The phrase “LGBTQ+” refers to the following groups of individuals: Lesbian: A lesbian is a woman who is drawn to other women on a sexual level. Gay : A man who is attracted to another man sexually is considered Gay. Bisexual :Someone who is attracted to people of both sexes sexually is said to be bisexual. Transgender : People whose gender identity and expression diverge from those typically linked with their biological sex are referred to as transgender. Queer: The term “queer” describes a group of people who identify as neither heterosexual nor cisgender (the reverse of transgender). The word “queer” itself refers to a community since its members typically use pronouns rather than only, He, She, etc. The + in “LGBTQ+” denotes that additional categories, such as pansexual, asexual, intersex, etc., are included in the preceding list, which is not all-inclusive. LITERATURE REVIEW In India, the topic of homosexuality has long generated discussion. The literature on the historical aspects of homosexuality and the current state of same-sex relationships in India is reviewed in this section. The research is focused on the characteristics of homosexuality in India during the ancient, mediaeval, British colonial, and post-independence periods. The Rig Veda, which was written around 1500 BC, mentions Thadani, one of the earliest cosmologies in the Rig Veda that is associated with the twin feminine deity Dyava. It symbolises the joining of two females who can be viewed as sisters, mothers, lovers, or other roles. The idea of homosexuality is implied by the ancient writings’ depiction of Yoni as two points of light, which are thought to be twin females. Three genders are described in the ancient sexology treatise Kamasutra: pums prakriti, stri prakriti, and tritya prakriti, which are modern terms for man, woman, and third sex. Lesbians and homosexuals were the subcategories of the third sex. It demonstrates how attitudes towards gender equality and love were more liberal and nonconformist in the past. In the mediaeval era, Urdu poets and Muslim kings’ courts were common places for girls to fall in love. In Tuzuk-i-Babri, it is said that Babur had a romantic relationship with a small kid in his court. In the courts of Pathans and Nawabs, homosexuality was considered the norm. The Chandela monarchs erected the renowned mediaeval sculpture known as Khajurao Temple, which features sensual depictions of men and women flashing their genitalia to one another.