ARMY PUBLIC SCHOOL,

NEHRU ROAD, LUCKNOW

GST PROJECT
SESSION: 2022-23

ARE LGBT RIGHTS

HUMAN RIGHTS ?

NAME: SHIVAM YADAV

CLASS: XII SECTION: G
ROLL NUMBER: 30
 INDEX
Sr. TITLE PAG
No E
. No.
1. ACKNOWLEDGMEN 3
T

2. INTRODUCTION 4

3. CONTENT 5

4. MY PLAN AFTER 12th 17

5. BIBLIOGRAPHY 19

2|Page
 ACKNOWLEDGMENT

I would like to express my special thanks of

gratitude to my respected principle Dr. Shailja
Chikkara , who gave me the golden opportunity
to do this wonderful project of General Studies
(GST) on “ ARE LGBT RIGHTS HUMAN
RIGHTS ? ”, who also helped me in completing
my project. I came to know about so many new
things I am really thankful to them. Secondary I
would also like to thanks my councilling teacher
Ms. Nandini Dwivedi who helped me a lot in
finalizing this project within the limited time
frame.

3|Page
 INTRODUCTION
People around the world face violence and inequality—
and sometimes torture, even execution—because of who
they love, how they look, or who they are. Sexual
orientation and gender identity are integral aspects of our
selves and should never lead to discrimination or abuse.
Human Rights Watch works for lesbian, gay, bisexual,
and transgender peoples' rights, and with activists
representing a multiplicity of identities and issues. We
document and expose abuses based on sexual orientation
and gender identity worldwide, including torture, killing
and executions, arrests under unjust laws, unequal
treatment, censorship, medical abuses, discrimination in
health and jobs and housing, domestic violence, abuses
against children, and denial of family rights and
recognition. We advocate for laws and policies that will
protect everyone’s dignity. We work for a world where all
people can enjoy their rights fully.

4|Page
 ARE LGBT RIGHTS
HUMAN RIGHTS ?

Lesbian, gay, bisexual and transgender (LGBT)

rights in India have been evolving rapidly in recent
years. However, Indian LGBT citizens still face

5|Page
social and legal difficulties not experienced by non-
LGBT persons. The country has repealed its colonial-
era laws that directly discriminated against
homosexual and transgender identities and also
explicitly interpreted Article 15 of the Constitution to
prohibit discrimination on the basis of sexual
orientation and gender identity. But many legal
protections have not been provided for, including
same-sex marriage.

Transgender people in India are allowed to change

their legal gender post-sex reassignment surgery
under legislation passed in 2019, 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, and offer welfare
benefits, pension schemes, free operations in
government hospitals as well as other programmes

6|Page
designed to assist them. There are approximately
480,000 transgender people in India as per Census
2011.

In 2018, in the landmark decision of Navtej Singh

Johar v. Union of India, the Supreme Court of India
decriminalised consensual homosexual intercourse by
reading down Section 377 of the Indian Penal Code
and excluding consensual homosexual sex between
adults from its ambit.

7|Page
Despite strong political movements in favour of
LGBT rights, there remains a significant amount of
homophobia present among the Indian population,
with around one in four Indians objecting to same-
sex relationships according to an opinion poll. In the
2010s, LGBT people in India increasingly gained
tolerance and acceptance, especially in large cities.

What are human rights?

8|Page
Human rights are rights inherent to all human beings.
We are all equally entitled to our human rights
without discrimination, whatever our nationality,
place of residence, sex, national or ethnic origin,
color, religion, language, or any other status, such as
age, disability, health status, sexual orientation or
gender identity. These rights, whether they are civil
and political rights (such as the right to life, equality
before the law and freedom of expression) or

9|Page
economic, social and cultural rights (such as the
rights to work, social security and education) are
indivisible, universal, interrelated and
interdependent. Human rights were developed and
articulated in the Universal Declaration of Human
Rights (1948) as a response to the atrocities of World
War II.

Universal human rights are often expressed and

guaranteed by law, in the forms of treaties, customary
international law, general principles and other
sources of international law. International human
rights law lays down obligations of Governments to
act in certain ways or to refrain from certain acts, in
order to promote and protect human rights and
fundamental freedoms of individuals or groups.

10 | P a g e
By becoming parties to international treaties, States
assume obligations and duties under international law
to respect, to protect and to fulfil human rights. The
obligation to respect means that States must refrain
from interfering with or curtailing the enjoyment of
human rights.
The obligation to protect requires States to protect
individuals and groups against human rights abuses
by third parties. The obligation to fulfil means that
States must take positive action to facilitate the
enjoyment of basic human rights.

11 | P a g e
What practical steps does international law
require States to take in order to safeguard the
rights of LGBT people?

The core legal obligations of States with respect to

protecting the human rights of LGBT people include
obligations to:

12 | P a g e
» Protect individuals from homophobic and
transphobic violence and prevent torture and cruel,
inhuman and degrading treatment. Enact hate crime
laws that discourage violence against individuals
based on sexual orientation, and set up effective
systems for reporting hate motivated acts of violence,
including effectively investigating, and prosecuting
perpetrators, bringing those responsible to justice.
Provide training to law enforcement officers and
monitor places of detention, and provide a system for
victims to seek remedies. Additionally, asylum laws
and policies should recognize that persecution based
on sexual orientation may be a valid basis for an
asylum claim.

» Repeal laws criminalizing homosexuality including

all legislation that criminalizes private sexual conduct
between consenting adults. Ensure that individuals
are not arrested or detained on the basis of their

13 | P a g e
sexual orientation or gender identity and are not
subjected to any degrading physical examinations
intended to determine their sexual orientation.

» Prohibit discrimination based on sexual orientation

and gender identity. Enact legislation that prohibits
discrimination on the grounds of sexual orientation
and gender identity. Provide education and training to
prevent discrimination and stigmatization of LGBT
and intersex people.

14 | P a g e
» Safeguard freedom of expression, association and
peaceful assembly for all LGBT people and ensure
that any restrictions on these rights – even where
such restrictions purport to serve a legitimate purpose
and are reasonable and proportionate in scope – are
not discriminatory on grounds of sexual orientation
and gender identity. Promote a culture of equality
and diversity that encompasses respect for the rights
of LGBT people.

What have the UN General Assembly and Human

Rights Council said on this subject?

15 | P a g e
The United Nations General Assembly, in a series of
resolutions, has called on States to ensure the
protection of the right to life of all persons under
their jurisdiction and to investigate promptly and
thoroughly all killings including those motivated by
the victim’s sexual orientation and gender identity
(see, for example, resolution A/RES/67/168). In June
2011, the United Nations Human Rights Council
became the first UN intergovernmental body to adopt
a wide-ranging resolution on human rights, sexual
orientation and gender identity. Resolution 17/19
expressed the Council’s “grave concern” at violence
and discrimination against individuals based on their
sexual orientation and gender identity, and
commissioned a study on the scope and extent of
these violations and the measures needed to address
them. The requested study, prepared by the Office of
the High Commissioner for Human Rights, was
released in December 2011. It pointed to a pattern of

16 | P a g e
violence and discrimination directed at individuals
because of their sexual orientation and gender
identity. Its findings and recommendations formed
the basis of a panel discussion that took place at the
Council in March 2012 – the first time a formal
intergovernmental debate on the subject had been
taken place at the United Nations.

--------------------------X---X---X--------------------------

17 | P a g e
 MY PLAN AFTER 12th
Ambition and choice are two words with different meaning.
Ambition is imaginary while choice is based on certain
reasons. However, the meanings derived in some cases of
the words ambition and choice are the same. Now-a-days to
choose a profession is not an easy task. It should be done
with great care because the success of life depends upon the
right choice.
I was keenly interest in Biology when I was a student of
High school. My father is in Indian army. Ever since my
childhood. I wanted to become a doctor to serve mankind.
The first and foremost duty of a doctor is to serve humanity.
He should have a sympathetic attitude. A doctor spends his
time, energy and skill to curve the sick, in preventing
diseases and soothing pain. He must be ready to extend his
service at any time. In fact, a doctor is the servant of
suffering humanity. That is why on my father’s advice I
have selected this profession for myself in the light of above
merits, I am keen to adopt this profession.
After passing Intermediate, I will stay in Lucknow only, to
attend coaching classes for NEET and I am confident that I
shall be selected in my first attempt. Then I shall be

18 | P a g e
admitted to I year class of M.B.B.S. If I score good I will
take admission in AIIMS and not so there is another option
take admission in KGMU. After taking my degree of
M.B.B.S., I shall be bound to serve in any rural area for at
least two years. Then I have decided that I shall start my
own hospital in my town. My ambition is to give relief to
the ailing people and a ray of hope to the disappointed
people, life is the sole right of God. Man cannot give life to
the dead. He can only relieve him from paints. So, I will do
my best in this field.
I shall charge no visiting fee from the poor people. Poor
people who are unable to pay money, shall get medicines
free from my hospital. Once a week I shall go to a village. I
shall examine the patients free of charge and give them
medicines there. I shall also advise them how they can keep
their village clean and how they can get rid of diseases. In
the same way, twice a week I shall call on the people and
tell them about causes of different diseases and the secret of
good health. I may attach myself with some social
organization to serve the people free of cost.
I have decided that I shall satisfy all the patients with my
sympathetic attitude, gentlemanly manners, kind and loving
behavior, keen observation, testing and the best prescription
and guidance.

19 | P a g e
BIBLIOGRAPHY

1. Google

2. National geographic

20 | P a g e
3. Outlook

21 | P a g e
 4. www.apa.org

5. www.hrw.org

----------------X---X---X---------------

THANK YOU

TEACHER’S SIGNATURE : ____________________

22 | P a g e