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Human Rights of LGBT Community

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Sachin Mishra

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 Human Rights of LGBT Community in India

By

Sachin Mishra
(Student)
LL.M. 1st Year
Department Of Law
M.J.P. Rohilkhand University
Bareilly, Uttar Pradesh, India
Abstract
Lesbian, gay, bisexual and transgender (LGBT) rights in India face legal and social difficulties
not experienced by non-LGBT persons. Homosexuality is not a mental disease. Homosexuality is
as natural as heterosexuality. The problem lies in the mind. It is important to spread awareness
about the existence of LGBT community in society. Human Rights are Natural Rights; they are
inalienable, indestructible rights that bestowed upon man since the moment of birth. Indian
constitutional law and other state laws help to secure the rights of LGBT peoples. Judicial
activism and Supreme Court decisions make a path to provide the rights to transgender. Since
2014, transgender people in India have been allowed to change their gender without sex
reassignment surgery, and have a constitutional right to register themselves under a third gender.
On 06 Sept. 2018, in the NAVTEJ SINGH JOHAR & ors versus U.O.I. case the Supreme Court
of India decriminalized homosexuality by declaring Section 377 of the Indian Penal Code
unconstitutional. The Transgender Persons (Protection of Rights) Bill passed the Lok Sabha on
17 Dec. 2018 with 27 Amendments, including a controversial clause prohibiting transgender
people from begging, but this bill not focused on the issues of transgender such as marriages,
adoption, divorce and other succession and property rights of in heritance. In many instances
LGBT individuals are not legally protected from abusive and discriminatory actions. In this
article the researcher has tried to discuss about concept, nature of LGBT people, discrimination
on the ground of sex in the society it results in the violation of their rights including fundamental
rights and human rights. This article states the historical perspective of Transgender and their
status in the global world with the strong recommendations to provide them basic rights as a
matter of human being.
Introduction
Article 1 of The Universal Declaration of Human Rights states, “All human beings are born free
and equal in dignity and rights. They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.” The constitutions of India guaranteed to protect
the basic human rights of all citizens of India and are put into effect by the courts, subject to
certain limitations. When we read Article 14, 15, 16, 17 and 18 of the Constitution of India that
highlight the right to Equality in detail together with Article 1, 2, 3, 7, 12 of Universal
Declaration of Human Rights, a ray of hope appears from darkness. Lesbian, gay, bisexual and
transgender (LGBT) rights in India face legal and social difficulties not experienced by non-
LGBT persons. Nonetheless, most LGBT people in India remain closeted, fearing discrimination
from their families, who might see homosexuality as shameful. Discrimination and ignorance are
particularly present in rural areas, where LGBT people often face rejection from their families
and forced opposite-sex marriages. The Homosexual population is approximately 10% to 13% of
the total population of India which is considerably large but comparatively less (the exact
statistics on LGBT population is not available). The approach of Indian society and Government
towards sexual minorities is sadly homophobic, less compassionate and largely ignorant. The
“fear factor” about LGBTs (Lesbians, Gays, Bisexuals and Transsexuals) that is instilled in the
minds of people proved crucial factor in the battle for LGBT Rights and their social recognition.
According to numerous LGBT Research reports the major problems community faced is a
problem of marriage, sexual liberty, social discrimination and identity. Major issues related to
LGBT persons in India are as follows.
• Gender identity: - Transgender people have a constitutional right to change their legal
gender and a third gender is recognized
• Military: - No, bill pending to allow LGBT people to serve openly
• Discrimination protections: - Discrimination based on sexual orientation and gender
identity from the state or government bodies is prohibited.
• Recognition of relationships:- No recognition
• Adoption:- Single LGBT people can adopt, but not same-sex couples
• Marriage: - Sexual activity between people of the same gender is legal but same-sex
couples cannot legally marry or obtain civil partnerships.
Since 2014, transgender people in India have been allowed to change their gender without sex
reassignment surgery, and have a constitutional right to register themselves under a third gender.
On 06 Sept. 2018, in the NAVTEJ SINGH JOHAR & ors versus U.O.I. case the Supreme Court
of India decriminalized homosexuality by declaring Section 377 of the Indian Penal Code
unconstitutional. The Transgender Persons (Protection of Rights) Bill passed the Lok Sabha on
17 Dec. 2018 with 27 Amendments, including a controversial clause prohibiting transgender
people from begging, but this bill not focused on the issues of transgender such as marriages,
adoption, divorce and other succession and property rights of in heritance.

History of Homosexuality in India

Indian society could be considered as one of the most diverse, colorful, stratified, rigid and
equally progressive societies with scientific temper. The presence of homosexuality in Indian
history is well-preserved in relics from ancient times and well documented the ancient texts like
Kama sutra and Manuscript. The ancient Indian societal views about homosexuality were not
rigid but flexible and scientific. Historians have long argued that pre-colonial Indian society did
not criminalize same-sex relationships, nor did it view such relations as immoral or sinful.
Hinduism, India's largest religion, has traditionally portrayed homosexuality as natural and
joyful, though some. There are multiple characters in the Mahabharata who change genders, such
as Shikhandi who is born female but identifies as male and eventually marries a woman.
Bahuchara Mata is the goddess of fertility, worshipped by hijras as their patroness. The
Nāradasmr ̣ti lists fourteen types of panda (men who are impotent with women); among these are
the mukhebhaga (men who have oral sex with other men), the sevyaka (men who are sexually
enjoyed by other men) and the irshyaka (the voyeur who watches other men engaging in sex).
During the Mughal Empire, a number of the preexisting Delhi Sultanate laws were combined
into the Fatawa-e-Alamgiri, mandating a common set of punishments for zina (unlawful
intercourse). These could include 50 lashes for a slave, 100 for a free infidel or death by stoning
for a Muslim. In practice, however, this stipulation was largely ignored, for the elite at least.
Homoeroticism was quite common in Mughal court life, and transgender individuals held high
positions in courts of Mughal rulers in the 16th and 17th centuries. Mughal Emperor Babur was
known to have a crush on a boy, and recorded it in his memoirs. Other prominent Mughal men
who engaged in homosexuality include Ali Quli Khan, and poet Sarmad Kashani who had such a
crush on a Hindu boy that he went to his home naked. In contrast, homosexual acts were
regarded as taboo among the common Mughal people.
The British Raj criminalized anal sex and oral sex (for both heterosexuals and homosexuals)
under Section 377 of the Indian Penal Code, which entered into force in 1861. This made it an
offence for a person to voluntarily have "carnal intercourse against the order of nature." In 1884,
a court in north India, ruling on the prosecution of a hijra, commented that a physical
examination of the accused revealed she "had the marks of a habitual catamite" and commended
the police's desire to "check these disgusting practices".

International Legal Position on Homosexuality

The views of the world are visibly divided on the issues of Homosexuality. There are many
countries in world that severely criminalized sexual activities between Homosexuals. The
International Lesbian, Gay, Bisexual, Trans and Intersex Association or ILGA lists 81 countries
with criminal laws against consensual sexual activities by Lesbian, Gay, bisexual, transgender or
intersex people (LGBTIs). Among those 81 that criminalized consensual sexual activities
between adult homosexuals India, Pakistan, Sri Lanka, Bangladesh, Saudi Arabia, Zimbabwe,
Egypt, Iran, UAE, Indonesia and Russia are major countries.
The European scenario is much different than what could be witnessed in other parts of the
world. Importantly nowhere in Europe consensual sexual activities between adult homosexuals
are criminalized. A right to have sex is a fundamental right, which is essentially a part of “Right
to Life”. A normal human being requires food, clothing, shelter and sex to live a life like a
human. Denying fundamental sexual rights is an act of cruelty, and therefore, no parliament, no
legislature; no country should have any moral right to annul the right to sex. LGBT rights are
considered human rights and civil rights, therefore, it is a duty of every civilized nation to protect
them. According to Abraham Maslow, physiological needs are basic, fundamental needs. In his
paper “A theory of motivation” Maslow established a theory of hierarchy of needs in a pyramid
form in which more basic, fundamental needs are placed at the bottom which includes-
breathing, food, water, sex, sleep, homeostasis and excretion. Hence importance of sex in life is
invaluable. Therefore, the stand taken by European nations which is in confirmation of the laws
of nature to decriminalize the consensual sexual activities between adult homosexuals should be
appreciated. Many European countries have struck down laws similar with Sec. 377 of Indian
Penal Code that criminalize same-sex sexual activities on the grounds of either fundamental
human dignity, equality, right to privacy or all of them. In its 1994 decision in Toonen v.
Australia, The UN Human Rights Committee, which is responsible for the International
Covenant on Civil and Political Rights (ICCPR), officially declared that such laws are in
violation of human rights law.

Section 377 of I.P.C. is the basis of the Legal Position of Homosexuality

Section 377, IPC reads as:
“377. Unnatural offences.—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 a term which may extend to ten years, and shall also be
liable to fine.
Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the
offence described in this section.”
Lacking precise definition the wordings “carnal intercourse against the order of nature” was
always left to judicial interpretations. A part of Sec. 377 that deals with Animal cruelty (by way
of sexual intercourse with animal by man or a woman) is justifiable simply because inter-species
sex can never be justified. What separates man from animal is his ability of “thinking” and
“reasoning”. Animal sexuality is instinctive and somewhat mechanistic, whereas human
sexuality is much more evolved and multidimensional i.e. the purpose of human sexual behavior
is not limited to procreation. Therefore, what is natural for animals may not be natural for
humans, and what is natural for humans cannot be subjected to the interpretation by the other
humans (blessed with their own set of reasoning and cultural prejudices)?
Homosexuality is as natural as Heterosexuality. Many think that nature and nurture both play
complex roles; most people experience little or no sense of choice about their sexual orientation.
The latest research in the field of genetics and sexuality proved that Homosexuality is genetic
and man has no role to play in making choice about sexual orientation/preference. One cannot
become Gay, Lesbian, Bisexual or heterosexual by choice. Sec. 377 has been around for more
than 150 years now. When the section was introduced as a penal provision in Indian Penal Code,
1860, medical science was still in very infant stage. That was a time when Homosexuality
considered as a psychological disorder. As medical science progressed, new views and theories
about the roots and possible causes of homosexual behavior came to the light. The medical
community has now universally accepted that Homosexuality is not a form of mental illness.
Therefore, the meaning reflected through the wordings mentioned in archaic penal provision of
Sec. 377 of Indian Penal Code is unscientific, irrelevant and outdated. Sexual practices
mentioned in sec. 377 reflect the natural sexual personality of homosexual men (Gay). By
criminalizing homosexual acts between MSM (Men who have sex with Men) state directly
violates fundamental rights of its own citizens and brands them as criminals with disastrous
consequences on their personal and social lives thereby damaging their human dignity.

Judicial History of LGBT Rights

To examine the stand of Indian Judiciary on the issues of LGBT Rights in the shadow of the
constitutionality of Sec. 377 of Indian Penal Code, it is important to examine a case of Naz
Foundation vs. Government of NCT of Delhi. In September 2001, NAZ FOUNDATION an
NGO involved with activism and HIV awareness among the Gay and MSM (Male who have sex
with Male) community, filed a Public Interest Litigation in the Delhi High Court in an attempt to
strike down Section 377’s unconstitutional criminalization of private consensual sexual activities
that goes “against the order of nature.” on July 2, 2009, the Delhi High Court pronounced that
Sec. 377 should be read down to exclude consensual sex between adults in private. Justice
A.P.Shah and Justice S.Muralidhar ruled,” We declare that Section 377 IPC, insofar it
criminalizes consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of
the Constitution”. The Naz Foundation Judgment was historical Judgment that not only liberated
eternally trapped consciousness of LGBT community but also gave wings to their hopes. The
Judgment was important from many aspects. It was for the very first time the High Court stood
strong in defense of the ideals of Natural Law on Sexuality. As a result of this Judgment, the
interpretation of section 377 had changed. In Naz Foundation case; the demand to scrap the
entire sec. 377 was never raised, but what was demanded was merely decriminalization of
consensual sexual activities between consenting adults in a private place, hence- the demand was
to restore right to privacy, right to dignity and health under Article 21, equal protection of law
and non-discrimination under Article 14 and 15 and freedom of expression under Article 19. The
Naz Foundation Judgment brought joy, bliss, light and hopes in life of Homosexuals, however,
their joy did not last longer. Naz Foundation Judgment was not taken easily by Right wing
extremists and Religious fundamentalists. Immediately an appeal was preferred before Hon’ble
Supreme Court of India10. 7 Intervention Applications were also filed. The Appeal against
Division Bench Judgment of Delhi High Court was allowed. The Review Petition that was
arising out of the final Judgment of Supreme court in Appeal against the Judgment of Delhi court
in Naz Foundation Case was rejected by Supreme Court of India. The question was not whether
homosexuality is a crime under Sec. 377 of IPC. The question was whether Sec 377 is consistent
with the Constitution of India. According to Delhi High Court, Sec. 377 is totally
unconstitutional that directly violates the fundamental rights of LGBT community, however, on
the other hand according to Supreme Court of India Sec. 377 of Indian Penal Code, 1860 is
constitutional, hence its presence does not result in violation of Fundamental Rights of sexual
minority community (LGBT). The “Final Judgment” of Hon’ble Supreme court of India would
remain in force unless it is overruled by the larger bench. The onus now is on Government to
show its character and democratic attitude by taking a step ahead to repeal the draconian
suppressive, unconstitutional and unjustified part of Sec. 377 of Indian Penal Code, 1860 that
criminalize most natural sexual activities of innocent souls who are as human as every other
human being.

Present Scenario of LGBT Rights as a Ray of Hope in the Dark Age of Reason
15th April, 2014 was not an ordinary day. Something extraordinary happened on the summer of
15th April that blown life in the “constitutionally” dead members of sexual minority of India. It
was a day that brought light and bliss to the life of “Hijaras” (eunuchs, transgender). For the very
first time in history of India the “THIRD GENDER” was officially recognized. In a landmark
judgment delivered in National Legal Services Authority vs. Union of India 20 the Hon’ble
Supreme Court of India created the “third gender” status for hijras or transgender. Earlier, while
recording their gender, they were forced to write either male or a female, now after this judgment
they can officially record their gender as “third gender”. The Supreme Court has also directed the
Government of India to treat members of “third gender” as socially and economically backward.
The Supreme Court further opined that “absence of law recognizing hijras as third gender could
not be continued as a ground to discriminate them in availing equal opportunities in education
and employment”. The third gender people will now be categorized as OBC (Other Backward
Class), which would help them to avail the facilities of reservations in government jobs and
educational institutions. The aforesaid judgment, in true sense, defended the ideals enshrined in
the constitution of India by its founding fathers. The verdict though pertains to only eunuchs or
transgender people; it is indeed a ray of wisdom that at last penetrated into the dark chambers of
the mystery of human sexuality to illuminate the dark age of reason. On 18 December 2015,
Shashi Tharoor, a member of the Indian National Congress party, introduced a bill for the repeal
of Section 377, but it was rejected in the House by a vote of 71-24. Shashi Tharoor is planning to
re-introduce the bill. On 2 February 2016, the Supreme Court decided to review the
criminalization of homosexual activity. In August 2017, the Supreme Court unanimously ruled
that the right to individual privacy is an intrinsic and fundamental right under the Indian
Constitution. The Court also ruled that a person's sexual orientation is a privacy issue, giving
hopes to LGBT activists that the Court would soon strike down Section 377. In January 2018, the
Supreme Court agreed to refer the question of Section 377's validity to a large bench, and heard
several petitions on 1 May 2018. In response to the court's request for its position on the
petitions, the Government announced that it would not oppose the petitions, and would leave the
case "to the wisdom of the court". A hearing began on 10 July 2018, with a verdict expected
before October 2018. Activists view the case as the most significant and "greatest breakthrough
for gay rights since the country's independence", and it could have far-reaching implications for
other Commonwealth countries that still outlaw homosexuality. In the case of Navtej Singh
Johar v. Union of India, the Supreme Court ruled that the Indian Constitution bans
discrimination based on sexual orientation via the category of "sex". On 6 September 2018, the
Supreme Court issued its verdict. The Court unanimously ruled that Section 377 is
unconstitutional as it infringed on the fundamental rights of autonomy, intimacy and identity,
thus legalizing homosexuality in India. The Court explicitly overturned its 2013 judgment in
Navtej Singh Johar & Ors versus U.O.I.
• Criminalizing carnal intercourse is irrational, arbitrary and manifestly unconstitutional —
Chief Justice Dipak Misra
• History owes an apology to these people and their families. Homosexuality is part of
human sexuality. They have the right of dignity and free of discrimination. Consensual
sexual acts of adults are allowed For the LGBT community— Justice Indu Malhotra
 • It is difficult to right a wrong by history. But we can set the course for the future. This
case involves much more than decriminalizing homosexuality. It is about people wanting
to live with dignity — Justice Dhananjaya Y. Chandrachud
The Supreme Court also directed the Government to take all measures to properly broadcast the
fact that homosexuality is not a criminal offence, to create public awareness and eliminate the
stigma members of the LGBT community face, and to give the police force periodic training to
sensitize them about the issue. The judgment also included an inbuilt safeguard to ensure that it
cannot be revoked again under the "Doctrine of Progressive Realization of Rights". Legal experts
have urged the Government to pass legislation reflecting the decision, and frame laws to allow
same-sex marriage, adoption by same-sex couples and inheritance rights.

Transgender rights in India

Transgender people were legally granted voting rights as a third sex in 1994. Due to alleged legal
ambiguity of the procedure, Indian transgender individuals have difficulties accessing safe
medical facilities for surgery. On 15 April 2014, the Supreme Court of India declared
transgender people a socially and economically backward class entitled to reservations in
education and jobs, and also directed union and state governments to frame welfare schemes for
them. The Court ruled that transgender people have a fundamental constitutional right to change
their gender without any sort of surgery, and called on the Government to ensure equal treatment
for transgender people. The Court also ruled that the Indian Constitution mandates the
recognition of a third gender on official documents, and that Article 15 bans discrimination
based on gender identity. In light of the ruling, government documents, such as voter ID cards,
passports and bank forms, have started providing a third gender option alongside male (M) and
female (F), usually designated "other" (O), "third gender" (TG) or "transgender" (T). In 2013,
transgender and gender activists S. Swapna and Gopi Shankar Madurai from Srishti Madurai
staged a protest in the Madurai collect orate on 7 October 2013 demanding reservation and to
permit alternate genders to appear for examinations conducted by TNPSC, UPSC, SSC and Bank
exams. Swapna, incidentally, had successfully moved the Madras High Court in 2013 seeking
permission to write the TNPSC Group II exam as a female candidate. Swapna is the first
transgender person to clear TNPSC Group IV exams. On 24 April 2015, the Rajya Sabha
unanimously passed the Rights of Transgender Persons Bill, 2014 guaranteeing rights and
entitlements, reservations in education and jobs (2% reservation in government jobs), legal aid,
pensions, unemployment allowances and skill development for transgender people. It also
contains provisions to prohibit discrimination in employment as well as prevent abuse, violence
and exploitation of transgender people. The bill also provides for the establishment of welfare
boards at the centre and state level as well as for transgender rights courts. The bill was
introduced by DMK MP Tiruchi Siva, and marked the first time the upper house had passed a
private member's bill in 45 years. However, the bill contains several anomalies and a lack of
clarity on how various ministries will coordinate to implement its provisions. The bill is still
pending in the lower house. Social Justice and Empowerment Minister Thaawar Chand Gehlot
stated on 11 June 2015 that the Government would introduce a new comprehensive bill for
transgender rights in the Monsoon session of Parliament. The bill would be based on the study
on transgender issues conducted by a committee appointed on 27 January 2014. According to
Gehlot, the Government intends to provide transgender people with all rights and entitlements
currently enjoyed by scheduled castes and scheduled tribes. The Transgender Persons
(Protection of Rights) Bill, 2016, which was initially introduced to Parliament in August 2016,
was re-introduced to Parliament in late 2017. Some transgender activists have opposed the bill
because it does not address issues such as marriage, adoption and divorce for transgender people.
Akkai Padmashali criticized the bill's definition of transgenderism, which states that transgender
people are "based on the underlying assumption of biological determinism".The bill passed the
Lok Sabha on 17 December 2018 with 27 amendments, including a controversial clause
prohibiting transgender people from begging. Other State laws to safe guard the Rights of
Transgender in India are as follows:-
• The states of Tamil Nadu and Kerala were the first Indian states to introduce a
transgender welfare policy. According to the policy, transgender people can access
freesex reassignment surgery (SRS) in government hospitals (only for male-to-female),
free housing program; various citizenship documents, admission in government colleges
with full scholarship for higher studies, alternative sources of livelihood through
formation of self-help groups (for savings) and initiating income-generation programmes
(IGP). Tamil Nadu was also the first state to form a transgender welfare board with
representatives from the transgender community. Kerala started providing free surgery in
government hospitals in 2016.
• In July 2016, the state of Odisha enacted welfare benefits for transgender people, giving
them the same benefits as those living below the poverty line. This was aimed at
improving their overall social and economic status, according to the Odisha Department
of Social Security.
• In April 2017, the Ministry of Drinking Water and Sanitation instructed states to allow
transgender people to use the public toilet of their choice.
• In October 2017, the Karnataka Government issued the "State Policy for Transgender,
2017", with the aim of raising awareness of transgender people within all educational
institutions in the state. Educational institutions will address issues of violence, abuse and
discrimination against transgender people. It also established a monitoring committee
designed with investigating reports of discrimination.
• On 28 November 2017, N. Chandrababu Naidu, the Chief Minister of Andhra Pradesh,
announced the enactment of pension plans for transgender people.
• On 16 December 2017, the Andhra Cabinet passed the policy. According to the policy,
the State Government will provide an amount of ₹1,500 per month to each transgender
person above the age of 18 for social security pensions. In addition, the Government will
construct special toilets in public places, like malls and cinema halls, for transgender
people.
• In January 2018, the Kashmiri Finance Minister introduced a proposal to the Jammu and
Kashmir Legislative Assembly that would grant transgender people free life and medical
insurance, and a monthly sustenance pension for those aged 60+ and registered with the
Social Welfare Department. Transgender activists have criticized aspects of the bill,
including its requirement to establish medical boards to issue "transgender certificates".
• The Uttarakhand High Court directed the state Government in late September 2018 to
provide reservation for transgender people in educational institutions. The court also
asked the Government to frame social welfare programmes for the betterment of
transgender people.
• In February 2019, the Maharashtra Government set up a "Transgender Welfare Board" to
conduct health programmes and provide formal education and employment opportunities
to transgender people. The board provides skill development programmes to help
transgender people find a job and free accommodation for those seeking scholarships.
 • A similar board was also set up in the neighboring state of Gujarat that same month. The
Gujarat board provides various welfare programmes for employment and education, and
coordinates with state departments to ensure that the transgender community is able to
take advantage of government schemes

Transgender who are the Role model for the LGBT community
• Shabnam Mausi is the first transgender Indian to be elected to public office. She was an
elected member of the Madhya Pradesh State Legislative Assembly from 1998 to 2003.
In 2000, Shabnam Mausi became India's first eunuch MP. Transgender people were
granted voting rights in 1994.
• Kalki Subramaniam is a transgender rights activist, writer and an actor. In the 2011
assembly elections in Tamil Nadu, Kalki tried in vain to get a DMK ticket. In March
2014, Kalki announced in Puducherry that she would contest a seat in an election in the
Villupuram constituency in neighboring Tamil Nadu.
• On 4 January 2015, independent transgender candidate Madhu Bai Kinnar was elected as
the Mayor of Raigarh, Chhattisgarh.
• Manabi Bandopadhyay became India's first transgender college principal on 9 June 2015,
when she assumed the role of principal of the Krishnagar Women's College in Nadia
district, West Bengal.
• On 5 November 2015, K. Prithika Yashini became the first transgender police officer in
the state of Tamil Nadu. At the time, the Tamil Nadu police had three transgender
constables, but Yashini became the first transgender person to hold the rank of officer in
the state.
• On 12 February 2017, two transgender people were appointed by the Kolhapur District
Legal Services Authority (KDLSA) as panel members for the local Lok Adalat (People's
Court).
• In July 2017, Joyita Mondal was appointed to the Islampur Lok Adalat, becoming West
Bengal's first transgender judge.
• In 2018, Swati Bidham Baruah became the first transgender judge in Assam. Swati,
founder of the All Assam Transgender Association, was appointed to the Guwahati Lok
Adalat.
Conclusion and Recomendations
Homosexuality is not a mental disease. The traces of homosexual tendencies can be found in
animals too. This scientific research proves that Homosexuality is as natural as heterosexuality.
The command of nature must be obeyed. The situation of LGBT community is worst in India.
The Homosexuals are still subjected to mockery, harassment and violence. The European
countries have recognized and protected the sexual rights of LGBT community. The stand of UN
Human Rights Council must be appreciated as the council successfully passed resolutions
recognizing and protecting rights of LGBT community that created positive impact all over the
world. The problem lies in the mind. It is important to spread awareness about the existence of
LGBT community in society. It is important to familiarize and sensitize heterosexuals with the
issues, problems and scientific truth of Homosexual community. Human Rights are Natural
Rights; they are inalienable, indestructible rights that bestowed upon man since the moment of
birth. While hearing an appeal, Supreme Court in its verdict in Naz Foundation case overruled
the Delhi High Court Judgment only to re-criminalize private sexual activities between
homosexuals. It was a biggest set-back to the movement of LGBT RIGHTS. A single decision
severely affected the Natural Rights of entire community, hence caused an irreparable damage to
self esteem and self respect of the members of sexual minority. On 6 September 2018, in the
NAVTEJ SINGH JOHAR & ors versus U.O.I. case the Supreme Court of India decriminalized
homosexuality by declaring Section 377 of the Indian Penal Code unconstitutional. Since 2014,
transgender people in India have been allowed to change their gender without sex reassignment
surgery, and have a constitutional right to register themselves under a third gender. Additionally,
some states protect hijras, a traditional third gender population in South Asia, through housing
programmes, welfare benefits, pension schemes, free surgeries in government hospitals and
others programmes designed to assist them. They are also human being and such treatment
should be provided by the state to these people. In many instances LGBT individuals are not
legally protected from abusive and discriminatory actions.
As the legal recognition of homosexual unions would mean not only approval of homosexual
behavior with the consequence of making it a model in present day society but may also obscure
the basic values (of family, marriage, procreation and continuity of Species) which belong to
common inheritance of humanity. But at the same time Indians should realize that sex orientation
is biological and is a natural process it’s not a disease. Following are some recommendations
to give an edge to the LGBT peoples.
• State has to protect their fundamental rights without any discrimination.
• Special law should be enacted.
• Provide opportunities in social and economic activities.

• Need to protect human rights.

• Need to take preventive measures in family, public and domestic violence.

• Government should take initiatives to support employers in making workplace and

workplace culture more supportive and inclusive of LGBT people.

• Need to change social attitude toward LGBT Minority people.

• Free health facilities should be provided by the states to them, including health.

• Need to organize workshops and seminars about their rights.

In Nature there is nothing right or wrong. It is existence, and existence alone that matters.
Human is a human, no matter whether small or big, rich or poor, king or pauper, male-female or
transgender, heterosexual or homosexual. Just and fair struggle of LGBT community for “social
justice”, “social recognition”, “self-respect” and “human rights” will go on. The world will
evolve, and that evolution one day will bring the light of liberty to illuminate the dark age of
reason.

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