WHY NATION?

Filmmaker Onir was in the news when the script of his

upcoming film was rejected by the Ministry of Defence of
India. The film's script, based on the true story of Major J
Suresh who quit the army, was rejected by
officials. Reacting to the recent reports, the ex-
Indian Army officer said he is trying to
avoid sensationalizing the current controversy.
Filmmaker Onir wrote, “75 years of independence, more
than 3 years the Supreme Court of India decriminalized
homosexuality but as society we are long way from being
treated as equals. I have utmost respect for my army and
wish they would not discriminate anyone who wants to
serve the country because of their sexuality".

This is not the only case! This represents the situation of

many individuals who continue to suffer in their day to
day lives just because of their sexuality! Let's look into
the matter deeply....
What is article 377?
Section 377 of the Indian Penal Code is an archaic law that was
introduced during the British era in 1860s and makes gay sex a
crime for which the punishment can be a life term.
On 18 December 2015, Lok Sabha member Shashi Tharoor of
the Indian National Congress introduced a private member's bill
to replace Section 377 in the Indian Penal Code and
decriminalize consensual same-sex relations.

Who is a transgender person?

Transgender people have a gender identity or gender expression
that differs from the sex that they were assigned at birth.
Some transgender people who desire medical assistance to
transition from one sex to another identify as transsexual.
Transgender, often shortened as trans, is also an umbrella
term; in addition to including people whose gender identity is
the opposite of their assigned sex, it may also include people
who are non-binary or genderqueer.
Transgenders in India
Transgenders fall under the LGBT group (lesbian, gay, bisexual and transgender). They
constitute the marginalised section of the society in India, and thus face legal, social
as well as economic difficulties.
• The problems faced by the transgender people in India include:
• These people are shunned by family and society alike.
• They have restricted access to education, health services and public spaces.
• Till recently, they were excluded from effectively participating in social and
cultural life.
• Politics and decision-making processes have been out of their reach.
• Transgender people have difficulty in exercising their basic civil rights.
• Reports of harassment, violence, denial of services, and unfair treatment against
transgender persons have come to light.
• Sexual activity between two persons of the same sex is criminalised, and is
punishable by incarceration.
Each being in this Universe is indeed unique, and an integral part of Nature. It
would thus be wrong to judge and discriminate people who may be different from
the stereotype, which again is man-made. It is time that India realised that every
individual in this country has equal rights and privileges, and follow the policy of
“live and let live.”
The RIGHTS
Right To Marriage
• In the landmark case of LATA SINGH V. STATE OF UP[4], the supreme court
interpreted it to be a part of Article 21 of the Indian constitution. The
Supreme Court in this case of inter-caste marriage stated that after a
person becomes major, he/she can marry whomsoever he/she likes. The
court further opined that the maximum the parent can do is that they can
cut all their ties from the children but can't threaten or kill them.
Furthermore this landmark judgement can be interpreted in vide manner
to support LGBTQ community.
Transgender Persons (Protection Of Rights) Bill, 2019
• This bill was enacted with an core objective to protect the rights of trans
genders by restricting the discrimination against them in the field of
employment, education, healthcare accessing them by the mean of private
or governmental organization. It recognized the third gender along with
the male and female.
The preamble to the constitution mandates every citizen Justice: –
social, economic, political equality of status.
The SOCIETY
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.
While legal changes are an important step, much more is needed
for LGBT people in India to be able to live without discrimination
and with dignity. Young people who are bullied in school are less
likely to succeed and more likely to find themselves vulnerable to
discrimination and violence as adults.
LGBTQ+ relationships are now legal but the society continues to
look down at it. A recent study found that one of the major
factors that results in the stigmatization of LGBT people
is parental reaction towards homosexuality. The study
concluded that most LGBT people are acceptable to family only if
they agree to behave like heterosexuals. Hence, a truly inclusive
society for the Indian LGBT community remains a distant dream.
Conclusion
• Now that we all know what is the
government's stand on this topic and what is
the actual story behind it, we shall talk about
how it affects our society. Same-sex
relationships are 'legal' according to our
constitution yet our society is not willing to
accept those. We, as citizens, shall make the
people of the LGBTQ+ feel more inclusive.
The government shall instead promote such
stories to share the struggle of such people
and spread awareness. Their love should be
accepted instead of pushing them down.