Report on LGBTQ Community :-

Today, homosexuality and queer identities may be acceptable to more Indian

youths than ever before, but within the boundaries of family, home and
school, acceptance of their sexuality and freedom to openly express their
gender choices still remain a constant struggle for LGBT (lesbian, gay, bisexual,
transgender) people.

In urban India, where social media and corporate initiatives have created
increasing awareness of LGBT rights, the scenario looks more upbeat for gay
men than for transgender people or lesbian women. While urban LGBT voices
that are heard through several online and real-world platforms form an
important part of LGBT activism, these expose only a small part of the diverse
challenges faced by the community.
Far away from gay pride parades, meet-ups and heated discussions on Twitter,
families in rural India have their own ways of dealing with LGBT individuals. In
some parts, secret honour killings are planned so that the only way for a young
gay man to survive is to run away in the cover of the night to some city, with
no money or social support.

In other parts, lesbian women are subjected to family-sanctioned corrective

rapes, which are often perpetrated by their own family members. Even in
educated urban India, suicides by lesbian women make headlines every year. It
comes as no surprise then that a tribunal recently ruled that the only danger to
lesbians in India is from their own families.

Supreme Court ruling in September 2018 overturned part of a 19th-century

law introduced by the British and known as Section 377 that made sex “against
the order of nature” a crime punishable by life in prison. (The law had been
overturned in 2009 but was reinstated in 2013.) While the judges focused their
arguments primarily on the importance of individual autonomy, non
discrimination and privacy, they pointed repeatedly to the American
Psychiatric Association’s 1973 decision to remove homosexuality from its list of
mental disorders. The judges also cited several APA documents, including
APA’s amicus brief in the U.S. Supreme Court case that decriminalized same-
sex sodomy in the United States in 2003. While rarely enforced, Section 377
has had serious consequences for India’s LGBTQ community. The law has left
individuals open to harassment, beatings and blackmail. Some have been
forced into loveless, sexless marriages; other couples have run away together
or even died by joint suicide. “There are even horrific cases of what’s called
‘corrective rape,’ in which lesbians are raped by men with the intention of
turning them into heterosexuals.

Changing families’ attitudes is a key priority for clinical psychologist Richa

Vashista, a research interventionist at the Humsafar Trust, a nonprofit
organization in Mumbai and Delhi that provides counseling, health-care
services and advocacy for the LGBTQ community. Vashista has co-authored
“Strengthening Bridges: A Manual for Counselors to Support Parents of
LGBTQ” to guide mental health professionals in supporting parents.
“When children come out, the parents often blame themselves or feel guilty,”
says Vashista. “The mother usually blames herself, thinking something
happened during pregnancy that her child turned out this way.” The manual
outlines helpful responses to this and other parent questions, such as what to
tell their friends or why their children can’t just marry and live secret lives.
Catching the next generation before they develop anti-LGBTQ attitudes is
another priority for Indian psychologists, says Ahuja, who has developed an
intervention to “subvert heteronormativity” among college students.

In our survey,we mainly found out that although people have accepted the
concept of LGBTQ but even now they have not normalized the fact of being not
straight. The people find it uncomfortable in being around the Lesbian or
Gay(This is shown in our survey report,in further upcoming slides).
Given below is the figures about population who are favour of LGBTQ and
those who are not in favour of. Given below are the data regarding the people
who don’t pay attention to these facts , and some are those who don’t want to
answer on these topics either. Keeping in mind these attitudes of the
population , we can say that either the people are not knowledgeable enough
to answer or they keep themselves aside from answering such questions.
People with Majority of
positive attitude population ,
towards LGBTQ nearly 70-80 %
communities (However, they
don’t find their
families to be
supportive to the
idea or fact of
LGBTQ concept)
People with People nearly 20-
negative and 10%
unsupportive
attitudes toward
LGBTQ
communities
People who’s People nearly
mindset are 10%, either have
Neutral regarding no interest in
LGBTQ fact answering these
questions or they
don’t feel like
talking about
LGBTQ issues
A short note on Section 377 of Indian Penal Code
Section 377 of the Indian Penal Code prohibits “carnal intercourse
against the order of nature”. It has been interpreted by Indian courts
to be against homosexual acts between men. As many LGBT
advocates have pointed out, it is very difficult to prove in a court of
law that certain sexual acts have been committed, but the very
existence of this law in the statute books has been used as a tool for
blackmail and harassment- primarily against gay and bisexual men.
While the law criminalizes sexual acts, it does not criminalize the
identity of being LGBT, nor does it prohibit organization efforts to
create an inclusive workplace for LGBT employees. It also does not
prohibit publicly supporting LGBT equality. The Supreme Court of
India has accepted a curative petition seeking a review of the law.

MINGLE (Mission for Indian Gay & Lesbian Empowerment) is first of

its kind LGBT think-tank and advocacy group consisting of
academicians, students and professionals from fields as diverse as
the Arts and Sciences, Journalism, Law, Medicine, Management and
Engineering. Its vision is a truly liberal and pluralistic India where all
citizens enjoy their fundamental right to lead a secure and dignified
life irrespective of their sexual orientation and gender identity. Over
the last five years, MINGLE has partnered with Community based
organizations, Corporates and Universities across India, acting as a
catalyst for positive change to happen for LGBT Indians and their
families and friends.

Landmark Judgements related to issues

 Naz Foundation vs. Govt. of NCT of Delhi (2009)

o Delhi High Court struck off section 377, legalising
consensual homosexual activities between adults.
 Suresh Kumar Koushal Case (2013)
o SC overturned the previous judgment by Delhi High
Court (2009) that decriminalised homosexual acts and
criminalised homosexuality once again.
o SC argued that in 150 years, less than 200 persons had
been prosecuted under Section 377.
o Therefore, "plight of sexual minorities" could not be used
as argument for deciding constitutionality of law.
o Further, SC ruled that it was for the legislature to look
into desirability of deleting section 377 of IPC.
 Justice K.S. Puttaswamy vs. Union of India (2017)
o SC ruled that Fundamental Right to Privacy is intrinsic to
life and liberty and thus, comes under Article 21 of the
Indian constitution.
o SC declared that bodily autonomy was an integral part of
the right to privacy.
o This bodily autonomy has within its ambit sexual
orientation of an individual.
 Navtej Singh Johar vs. Union Of India (2018)
o Decriminalised homosexuality.
o Dismissed the position taken by SC in Suresh Kumar
Koushal case (2013) that the LGBTQ community
constitute a minuscule minority and so there was no
need to decriminalise homosexual sex.