NATIONAL LAW UNIVERSITY ODISHA

GLOBAL POLITICS AND GOVERNANCE

Topic: LGBTQ+ Rights in The Context of Geopolitics

UNDER THE GUIDANCE OF:

Dr. SUVRASHREE PANDA

B.A. LL.B.
SEMESTER III
BATCH 2020-2025

SUBMITTED BY:
PRAGYA AGRAWAL (2020/BA LLB/064)
ROMIT KIRTANIA (2020/BA LLB/076)
ACKNOWLEDGEMENT

We would like to acknowledge the able guidance provided by our subject teacher of Introduction
to Indian Politics, Prof. (Dr.) Suvrashree Panda Ma’am, at National Law University Odisha, who
gave us the opportunity to work on the project topic “History and Relevance of Marxism in
India”. Without her presence this research paper would not have been possible. We are extremely
grateful to our teacher for providing endless support and supervision in spite of her busy
schedule. Her untiring assiduity and stimulating response have proved to be a great source of
motivation for completion of this project.

We also feel pleasantly duty bound to further acknowledge the help extended to us by the I.T.
Department and Library Staff of National Law University, Odisha for providing us with
subscription to all the premium think-tanks, remote databases and the required knowledge to
access those databases
 CONTENTS

ACKNOWLEDGEMENT...............................................................................................................2

INTRODUCTION:..........................................................................................................................4

RESEARCH OBJECTIVES:...........................................................................................................6

RESEARCH METHODOLOGY:...................................................................................................6

SCOPE:............................................................................................................................................6

HISTORICAL CONTEXTUALIZATION:....................................................................................7

Background:.................................................................................................................................7

Emergence of LGBTQ+ rights movement in the USA:..............................................................8

Ideological factors:......................................................................................................................9

Modern Geopolitics.......................................................................................................................11

USA and Russia:........................................................................................................................11

Other countries:.........................................................................................................................13

ROLE OF NON-GOVERNMENTAL PLAYERS........................................................................15

CONCLUSION..............................................................................................................................18

BIBLIOGRAPHY..........................................................................................................................20
INTRODUCTION:

LGBTQ+ rights have majorly been sidelined in India as well as in most countries. While
sidelined, they are still used in the sphere of politics for fulfillment of various agendas by
politicians. In this paper, we would be discussing the importance and significance of LGBTQ+
rights in global politics.

Many people around the world identify themselves as not being the part of the generalized
cisgender heterosexual community. It is imperative that such a significant percentage of global
population is given equal and fair treatment. The members of the LGBTQ+ community are
usually not treated well as they are seemed to be different than ‘normal’ people. Many countries
have laws against the people of the community such as criminalization of homosexuality, arrest,
imprisonment and even death penalties. The members of the community as discriminated against
even in usual phases of life by their family, colleagues, etc. Hence to counter such acts, it
becomes important for world leaders to take action against the same and bring in stringent laws.

The main problems faced by the LGBTQ+ community are many folds. First being human rights
violation against the members of the community. This would include the criminalization of
homosexuality in many countries, mass killings as well as honor killings of gay people,
imprisonment, etc. Recently in Ukraine and Senegal1, many homosexual individuals were killed
and stoned to their deaths as a form of honor killing. It was believed that COVID pandemic was
a form of retribution for the ‘immoral’ behavior of the homosexual people. Currently there are
almost 57 countries2 that have assigned some amount of jail time for the offense of
homosexuality and at least 11 countries which have stated death penalty as a form of punishment
against the LGBTQ+ community members.

1
Human Rights, Watch. “A Global Report Card on LGBTQ+ Rights for IDAHOBIT.” Human Rights Watch,
October 28, 2020. https://www.hrw.org/news/2020/05/18/global-report-card-lgbtq-rights-idahobit.

2
ILGA, World. “Maps - Sexual Orientation Laws.” ILGA, May 25, 2021. https://ilga.org/maps-sexual-
orientation-laws.
The second problem that is encountered by the people is discrimination. This might be in any
phase of life, from schools to workplaces. Laws globally have also been discriminating against
the community. They are not allowed to marry, adopt children, and conduct normal activities as a
couple due to unfair laws. They members are widely discriminated at workplaces by their bosses
and peers alike. It needs to be understood here that only around 11 countries have provided
constitutional protection to the community members. One example of discrimination comes up in
Poland where there is widespread hate speech against the LGBTQ+ community. The country
also has places labelled as ‘LGBTQ free zones.’

Another problem that emerges is the lack of healthcare assistance that is provided to the
members of the community especially transgender people and intersex people. These members
require extra and quality medical attention that is usually not provided to them freely. The
intersex community is usually forced to have surgeries which might be harmful for them. On the
other hand, the transgender community is not provided health/ surgical assistance. Non
availability of proper health care forces them to opt for less than hygienic clinics for their
services. These surgeries even might lead to death due to medical negligence.

The fourth problem that is faced by the community members around the world is that of
conversion therapy. Homosexuality is considered an illness in many countries still, hence many
think that it can be ‘treated’ by medical or religious procedures. People have a notion inside their
mind that homosexuality is a sin. This notion usually stems from cultural miscommunication as
well as inherent prejudice in a country and the community. Conversion therapy might range from
mild to extreme measures. It may vary from hate speech, shock therapy, isolation to even
patholigisation. This leads to severe mental as well as physical harm to the people who are
subject to such treatment.

There are many problems and obstacles faced by the members of the LGBTQ+ community apart
from the ones stated above. Hence what is apparent is the need to have effective safeguards for
the people.
RESEARCH OBJECTIVES:
1. Explain the context in which the LGBTQ+ movement emerged in different parts of the
world.
2. Problems and challenges to LGBTQ+ rights on a global level.
3. Geopolitical aspect of LGBTQ+ rights: how the question of rights of sexual minority is
connected with international alliances and rivalries.
4. The role played by global organisations and bodies such as the UN, International Criminal
Court, Human Rights Watch, etc. with respect to LGBTQ+ rights.

RESEARCH METHODOLOGY:
The analytical research methodology has been utilized by the researchers, and data from various
secondary sources, including but not limited to scholarly books, journal articles, online blogs,
news articles and reports, have been used in this paper. The Chicago style of citation has been
used uniformly in this paper.

SCOPE:
There will not be any restriction based on region in this paper, and the territorial scope of this
paper will include several countries, with special focus the USA and Russia.
HISTORICAL CONTEXTUALIZATION:
To understand the current geopolitics surrounding LGBTQ+ rights, we need to understand the
historical circumstances under which LGBTQ+ rights developed and how it led to the scenario.

BACKGROUND:
Sexual orientation other than heterosexuality and gender identities which fall outside the rigid
binary of male and female have been historically a part of many, if not all, societies throughout
the world. But the grouping of sexual and gender minorities and political activism for the equal
rights of the said groups is a phenomenon which has its roots in the late 19th and 20th century.
Assertion of identities and scholarly advocacy for rights happened in Europe in 19 th and 20th
century in the backdrop of major political events such as the rise of liberalism, nationalism, and
re-aligning of nation-states. Though persecution of LGBT+ individuals existed, the severity of
punishments decreased. During this period, colonialism was also rampant. In the captured
colonies, many laws based on the morality of the colonizer nation were imposed. For example,
Indian Penal Code criminalised homosexual intercourse, and the Criminal Tribes Act
criminalised transgender communities such as hijras, kinnars, etc. 3 Since Europeans powers
colonized a large portion of the world, many countries where acceptance of same-sex relations
and transgender people was traditionally in a better condition became intolerant in that regard,
and stigma increased, and persisted in post-colonial era too.

In the latter half of the 20th century, which was dominated mostly by the cold war between US
and USSR, political LGBTQ+ groups and movements began to emerge and effectively impacted
social acceptance and politics. These movements mainly in countries which happened to be
liberal democracies, such as USA, Canada, Australia, and Western European countries. In the
USSR and nations of the Eastern bloc led by it, as well as non-aligned nations, the progress and
political activism in this regard was slower because of certain factors, and this adversely
impacted later geopolitical situation, which we will discuss later in this paper.

3
Sophie Hunter, 2019. Hijras and the legacy of British colonial rule in India, Engenderings, The London School of
Economics and Political Science. [online] Available at <https://blogs.lse.ac.uk/gender/2019/06/17/hijras-and-the-
legacy-of-british-colonial-rule-in-india/> [Accessed 21 September 2021].
In the early period of cold war, ideological conflict, propaganda, as well as fear of espionage and
spying arose in both the superpowers. In the US, the phenomenon of McCarthyism, i.e. accusing
government officials and other individuals of being communists, started in the 1950s. It was a
part of a wider anti-communist propaganda campaign known commonly as “red-scare”. A part of
the campaign was known as “lavender-scare”, which involved the firing of civil servants and
government employees suspected of being homosexual, on the basis that homosexuality implies
moral corruption and unreliability, which could lead to leaking of state secrets to Soviet agents.
Suspected homosexuals were interrogated and fired. This happened under President Truman and
his successor Eisenhower. Such events increased persecution of homosexuals and worsened not
only their professional, but also social lives. 4 Note that homosexual intercourse was illegal in all
states of the US, and homosexuality was considered a disorder under psychiatry. Thus,
homosexuality was both pathologized and criminalized in USA.

In1950, one progressive step in the LGBTQ+ movement was the formation of the Mattachine
Society led by Harry Hay, one of the earliest gay rights organisations in the USA. Other such
groups also emerged, such as the Daughters of Bilitis, formed in 1955, which advocated for
lesbian rights. Such group existed, but mass movements and protests did not emerge until the
1970s. However, in the Soviet Union, the situation seemed bleak, as Homosexuality had been
criminalised in 1933 by Stalin. His successor Khrushchev did reverse many of Stalin’s policy as
a part of the de-Stalinization process, but homosexuality remained a crime until dissolution of
the Soviet Union, and remained so in Russia and most of the countries which were parts of the
Soviet Union. This gap in progress between the Eastern and Western bloc set a background for
adverse geopolitical implications in the future.

EMERGENCE OF LGBTQ+ RIGHTS MOVEMENT IN THE USA:

In the USA, a major turning point was the Stonewall Riots which occurred in 1969, and the
subsequent formation of several LGBTQ+ rights groups and increase in organized protests.
Stonewall inn was a bar in Greenwich village, and the incident was sparked because of a police
raid on it. Not only gay, but many lesbian and transgender activists were also involved in the
protests. Violent confrontation between the people and police took place. In the years to ensue,
4
James Gleason, 2017. LGBT History: The Lavender Scare, NGLCC. [online] Available at
<https://www.nglcc.org/blog/lgbt-history-lavender-scare> [Accessed 19 September 2021]
many organisations such as Gay Liberation Front and National Transsexual Counselling Unit
emerged. More protests and public demonstrations grew.

AIDs epidemic severely impacted the USA in late 1970s, and many gay men were afflicted by
the disease disproportionately among the general population. Government reacted with apathy
and denial, and several gay rights groups also emerged to garner public and government attention
to the cause. The epidemic had a very adverse impact on the movement, but it continued with
resilience.

The rise of demands for rights met with backlash from conservative and religious groups,
especially Evangelical Christian groups and the Republican party. Despite the opposition, many
landmark progresses were made, such as removal of homosexuality as a mental disorder from the
DSM in 1987, decriminalization of homosexuality in all states in 2003, and legalization of same-
sex marriage in all states in 2015. Note that the USA’s federal structure made this difficult, as
some states were more progressive than others, while regressive laws continued in other states
for a long time.

IDEOLOGICAL FACTORS:
LGBTQ+ rights movement grew in the US in the backdrop of the wider civil rights movement
for the rights of African-Americans, and the second and third wave feminist movements. It was
not an isolated movement, and the socio-political circumstances of the period had an important
role to play. In the period between 1960s and 1990s, new forms of political movements and
organisations emerged in Western countries, which were loosely termed as the “New Left”. 
They rejected he form of communism which was espoused by the Soviet Union, and hence
different from the old leftist parties. Instead of solely focusing on class struggle based on
economic class, they emphasized on the problems caused by oppressive structures connected to
and supported by capitalism, such as systemic racism, patriarchy, and heteronormativity.
Influenced by critical theory, they advocated direct action against oppressive structures and
involvement of marginalized communities.5 Another very important theoretical development
during this period was Intersectionality. Kimberlé Williams Crenshaw coined the term to
describe an analytical tool to understand the intersection of identities and with it, that of social
5
Andrew Heywood. Political Theory: An Introduction, [Pg. 293-294].
privileges, disadvantages, and discrimination.6 While the first and second wave Feminist
movements largely focused on the struggles of white upper and middle class women, the civil
rights movement was dominated by black men. The struggle of black women differed from both
the above groups. Intersectionality sought to understand this problem by analysis of intersection
of the identity of black and female, which carried addition social disadvantage. This
development is relevant here because sexual orientation and gender identity were also recognized
through this theory as having its own dynamics of oppression, which a heterosexual and
cisgender person my not face. Even within the LGBTQ+ movement, it brought more inclusivity,
as the struggle of queer black people were also highlighted.

Many poststructural and postmodernist thinkers also wrote on the subject of sexuality in great
detail. Michele Foucault is an important thinker in this regard, and several of his later works
were dedicated to the study of sexuality. He criticized psychiatry and psychology, and also
aspects of medical science in general for being tools to control and repress sexuality, such as
pathologization of sexual thoughts and behaviours considered deviant by society, which included
homosexuality7.

6
Anne Sisson Runyan, 2018. What Is Intersectionality and Why Is It Important?, AAUP. [online] Available at
<https://www.aaup.org/article/what-intersectionality-and-why-it-important#.YW6huhpBzIU> [Accessed 21
September 2021].
7
George Ritzer. Sociological Theory, McGraw-Hill.
MODERN GEOPOLITICS
The aforementioned developments resulted in certain geopolitical implications in the 21 st
century. As we have seen, the efforts to advanced LGBTQ+ rights in the US and other Western
countries were met with opposition from conservative forces. But gradually, as public support
for LGBTQ+ rights increased and they became issues which impacted national politics, it
became associated with being an accepted value in politics and society. For example, it would
not be acceptable in Germany for a major politician to promise criminalization of same-sex
marriage, as the right for gay and lesbian couples to marry has become an established value in
society and politics. The countries were LGBTQ+ movements took places and succeeded were
the liberal democratic countries belonging to the Western Bloc. Hence, even after the cold war, a
gap existed in acceptance of LGBTQ+ rights in western countries and the rest.

As LGBTQ+ rights became established values in those countries by the 21 st century, their
support for it in international forums was projected by dominant conservative sections in other
rival nations as enforcement of liberal western values on their countries. A narrative of a sort of
culture war was also projected by some sections. The concept of culture war, as explained by
political scientist Samuel Huntington, means that the post-cold war world would witness
conflicts based on different civilizations with different cultures, with the main antagonism being
between the “West and the rest”.8 According to this paradigm, LGBTQ+ rights is one if the
values espoused by mainly developed western countries, and is at odds with traditional values of
other countries. However, this view is a broad generalization and ignores many relevant factors.
We will discuss this issue in this section, along with the influences of the western support for
LGBTQ+ rights on global alliances and politics of other countries.  

USA AND RUSSIA:

The Russian Federation succeeded the USSR after its collapse. While homosexuality was already
illegal in USSR, the fall of communism led to rise of conservative and religious forces in Russia
and Eastern Europe. With the economy collapsing after a sudden shift from socialist to capitalist
8
Vishanthie Sewpaul, 2016. The West and the Rest Divide: Human Rights, Culture and Social Work, Journal of
Human Rights and Social Work.
economy, there was an increase in social problems and crime too. In this context, the rights of
LGBTQ+ persons worsened because of hate crimes, and persecution by the conservative
government and religious groups. As Vladimir Putin consolidated power and improved
conditions for Russia, he wished to project Russia as an opposition to the USA and its allies in
Western Europe.

This opposition was not only in military and economic terms, but also on the matter of culture.
Russia is dominated by the Orthodox Church, which happens to be more conservative than the
Catholic Church prominent in parts of Europe and Latin America and Protestant denominations
in the US. Intolerant social attitude influenced by religious conservatism was weaponized by the
ruling political party in Russia to project Russia as the bastion of true Western culture and
traditional family values in opposition to the West. A law passed in Russia in 2013 even
criminalized public demonstrations and dissemination of information in favour of LGBTQ+
rights.9

This sort of use of political homophobia by Russia has also impacted neighbouring Eastern
European nations which were either parts of the erstwhile USSR, or satellite states of the USSR,
such as Ukraine, Poland, Hungary, Macedonia, etc. On the other hand, countries willing to ally
with the US or appease Western European countries in order to enter EU, often pass legislations
in favour of LGBTQ+ rights among other progressive measures. For example, anti-
discrimination laws with regard to LGBTQ+ individuals were passed in Moldova, Ukraine, and
Georgia, as they sought to enter EU and drift further from Russia. Ukraine witnessed a civil war
with separatist militants enjoying Russian backing. Hence, in such circumstance, it was a
pragmatic decision to adopt progressive laws to get closer to USA and EU. 10 This sort of
geopoliticisation of LGBTQ+ rights has been criticized for worsening the rights of sexual
minorities instead of helping, as the motivation behind enactment of the positive laws is not
related to genuine will to provide rights, or based on public support. On the other hand, the
enactment of regressive laws in countries in opposition to the US and seeking to distance
themselves from EU has increased. Hungary and Poland have passed laws in recent years which
undermine gay and transgender right.
9
Laura Luciani, 2020. LGBT+ rights in the Eastern neighbourhood: a geopolitical issue?. Open Democracy.
10
Bradley Campbell, 2013. Gay rights is getting caught up in the Geopolitics of Eastern Europe. The World.
[online] Available at <www.pri.org/stories/2013-11-13/gay-rights-getting-caught-geopolitics-eastern-europe>
[Accessed 21 September 2021].
OTHER COUNTRIES:
In West Asia, the situation regarding LGBTQ+ rights seem bleak. Most countries are Muslim-
majority, and conservative religious governments often criminalize homosexuality with harsh
punishment, extending to death penalty in several cases. Even countries which are diplomatic
allies of the US, like Saudi Arabia, have regressive laws. Which transgender rights are
marginally better in some countries, such as Iran, they too deny full agency to people in asserting
their gender identity. Organisation of Islamic Cooperation, an international organisation
consisting of fifty-seven nations, most of them being Muslim-majority, has opposed LGBTQ+
rights several times11, and sometimes opposed them on international forums too. Besides West
Asia, many of its member states belong to other parts of Asia and Africa too. Several members
of the United Nations Human Rights Council are members of OIC too, and the council on
several occasions has failed to take adequate measures to defend LGBTQ+ rights.12

In the case of China, which has emerged as a formidable rival to the US, the view taken in case
of LGBTQ+ rights are neutral, and its official policy is to not interfere in the internal matters of
other nations. China itself does not have laws prohibiting homosexuality, but it does not anti-
discrimination laws or laws enabling same-sex unions or marriages either. China allows for
gender affirming surgery of adults above twenty, and only those transgender persons who
undergo the surgery can legally change their gender markers. Both transgender and homosexual
individuals face social discrimination and stigma in China. 13 Due to neutrality in foreign policy,
China has often established close relations with countries which carry a poor record of LGBTQ+
rights.

In South Asia, India and Bhutan have made relative progress in advancement of LGBTQ+ rights
in recent years. In India, a recent Supreme Court judgement in 2018 decriminalised homosexual
intercourse. Hearings regarding the right of same-sex marriage is also ongoing. A 2014 Supreme
Court judgement also ruled in favour of transgender rights. Despite recent legal advancements,

11
OIC-IPHRC, 2017. Study on Sexual Orientation and Gender Identity in The Light of Islamic Interpretations and
International Human Rights Framework. [online] available at
<https://www.oic-iphrc.org/en/data/docs/studies/46303.pdf> [Accessed 20 September 2021].
12
Rosa Freedman and Camilla R Barker, 2014. UN Human Rights Council keeps up its bad form on LGBT rights,
The Conversation .
13
Darius Longarino. Advocacy for the Human Rights of LGBT People in China, OutRight Action International.
social discrimination and lack of acceptance is present. However, progress in this area is being
made, that too faster than most neighbouring countries. It is the democratic nature of the
government and independence of judiciary which allowed for such progress to be made.
However, rather than through government legislation, it is the judiciary, social activists, and
lawyers who pushed for such legal progress. In the case of neighbouring Bhutan, homosexual
intercourse was decriminalised recently in 2020 through legislative action.
ROLE OF NON-GOVERNMENTAL PLAYERS
As the world does not have a common government as of yet, the next best organization to bring
issues in from of the whole world would be non-governmental organizations, NGOs, etc. These
players then become essential as they would be the ones who would put forward major issues
that are important to the whole world in front of world leaders. Non-governmental players play a
significant role in the working of LGBTQ+ rights all over the world. They make sure that the
voices and plights of the community members are being put forward in front of individual
countries as well as a global platform. The main contribution by these players is putting pressure
on the governments by putting forward reports and issues to create an equal and free space for
the people.

While the United Nations has itself no particular treaty that is signed by member nations for the
LGBTQ+ community, they have in many instances promoted protection of their rights. This is
usually done by putting forward and releasing resolutions. The United Nations in the year of
2010 put ‘sexual orientation’ under the criteria of human rights. This was one of the landmark
moments in history as LGBTQ+ rights were now considered as basic human rights and hence
were to be protected by the nation states. This move came after 2004, where all mentions of
‘sexual orientation’ were removed from the human rights resolution. Ban Ki Moon had said in
one of his addresses that “human rights should trump cultural attitudes”. This was said in regards
to gay rights being ‘wrong’ in some cultures and religions. In 2014, the UNHRC 14 also took in
the footsteps of the UN and called for a resolution to support gay rights.

The International Lesbian, Gay, Bisexual, Trans and Intersex Association, also known as ILGA
World, is another non-governmental federation that is active in advocating the rights of the
homosexual community. The organization has many member nations and works for equal rights
for the community. They majorly advocate, research, present and give a voice to and amplify the
local movements held by the members of the community. While they take up many initiatives,
the one we would like to highlight is their work with the UN treaty bodies. ILGA had tied up
14
UNHRC, 2012. Born Free and Equal. [online] Available at:
<https://www.ohchr.org/documents/publications/bornfreeandequallowres.pdf> [Accessed 21 August 2021].
with these nine treaty bodies that advocate for various causes 15. The main goal was to understand
the problems that are being faced by not the members of the community but also women and
other marginalized communities. The report also maps out the number of times SOGIESC
references were made in UN Committees. The organizations understood the problems that were
prevalent and went on to give tailored recommendations to each country. In the end they created
a compiled report to show the progress that these countries are making.

Human Rights Watch is another organization that works for the general enforcement of human
rights for different marginalized communities around the world. The organization conducts
investigation, undercovers wrongdoings and conducts research. They also meet up with world
leaders, prominent organizations, UN, etc., to put forward their grievances and findings. In the
past they have also fought and initiated important cases in international courts to bring justice to
the people. HRW is an important organization in the arena of gay advocacy. This can be seen in
the positive and quick movement of Australia to ending harmful intersex surgeries 16. Recently
they showed how the pandemic had affected the LGBTQ+ community around the world. The
organization also takes stock of the violence, prejudice and discrimination that takes place by the
hands of the citizens or by government organizations against the community.

FRA is an independent organization that works for the upliftment of fundamental rights in the
EU. It released a report regarding the rights of the LGBTQ+ community rights in the year 2012
and 2019. They show that there has been a significant positive change in the outlook of the
governments towards the community, even though there is still a long way to go 17. Many
countries had enacted laws for same sex marriages and partnerships, anti-discrimination laws,
protection and equality laws, etc. The reports focus on other aspect of the lives of the community

15
ILGA World, 2020. United Nations Treaty Bodies: References to Sexual Orientation, Gender Identity, Gender
Expression and Sex Characteristics. [online] Available at: <https://ilga.org/treaty_bodies_annual_reports>
[Accessed 21 August 2021].
16
Hrw.org. 2021. LGBT Rights | Human Rights Watch. [online] Available at: <https://www.hrw.org/topic/lgbt-
rights> [Accessed 21 July 2021].
17
FRA, 2020. A long way to go for LGBTI equality. [online] Available at:
<https://fra.europa.eu/en/publication/2020/eu-lgbti-survey-results> [Accessed 21 August 2021].
members not just in the EU countries but also in some neighboring countries. The FRA goes on
to give recommendations to the countries based on their insights based on their survey.

This was followed by the release of ‘Guidelines to Promote and Protect the Enjoyment of All
Human Rights By LGBTQ+ Persons’18 by the European Union in 2013. These guidelines formed
a framework for the protection of human rights and reduce systematic discrimination for the
members of the LGBTQ+ community. This was built upon from the earlier documentation of
‘Toolkit to Promote and Protect the Enjoyment of all Human Rights by LGBT people’, which
was released in 2010. The EU, while a semi-governmental organization, has been actively
working towards the equal treatment for the community members. This includes explicitly
providing of ‘sexual orientation’ as a category against which discrimination can take place, and
hence places it under their fundamental rights. However, the rights regarding marriage have been
limited to only cross border disputes, and the member countries follow their own marriage laws.

18
European Union, 2013. Guidelines to Promote and Protect the Enjoyment of All Human Rights By LGBTQ+
Persons.
CONCLUSION
Hence, we see how LGBTQ+ are being viewed and appropriated by different political leaders as
well as non-governmental players. It can therefore be derived that such rights are important with
respect to global politics. These rights are being used for and against people around the world, as
well as being used to forward political agendas in national and international level arenas. All the
while, people of the community are being sidelined and their interests are not being taken into
consideration.

Some suggestions and recommendations that we believe would improve the quality of life and
laws for the LGBTQ+ community are being mentioned below. First and foremost, would be the
decriminalization of homosexuality. Up until 2018, India was one of the countries which
criminalized homosexual intercourse. Decriminalization would be the first step for any country
to acknowledge the presence of the community. The second thing that can be done is the
enactment of protective legislations that specifically mention the members of the community.
For example, if there is a bill against domestic abuse, it should explicitly mention the people of
the LGBTQ+ community under its protective ambit. These two moves will guarantee a
legislative protection for the people of the community. This would lead to significant decrease in
violence and discrimination. It would also provide a chance for the people to go to courts to
demand their explicit rights, hence making the trials shorter and quicker.

Third recommendation would be to let the people have the right to determine their gender
themselves. This means that the people would have the power to decide which gender do they
belong to irrespective of the gender binaries i.e., males and females. The status quo requires
people to identify themselves as what their genitals are. Hence one would be considered a
transman only if they have the sex change surgery. This move would give the people more
freedom to explore themselves as well as give them a right not to change their bodies if they do
not wish to. This point leads to the suggestion of providing better health care to the members of
the community. As we discussed in the first part of this paper, having a proper, safe and effective
healthcare for the members of community would benefit them immediately as well as in the long
run. People would not have to result to less than safe methods. This would boost morale in the
people and would encourage the government to take better steps for the all of their population.
Lastly, the thing that needs to be present globally is the awareness regarding the rights and
plights of the LGBTQ+ community. They people should not be used as a political gimmick and
should be treated equally. It also needs to be established that homosexuality is not against any
culture or religion. This would require change in the mindset of the people and for them to leave
behind their prejudices against the people of the community.
BIBLIOGRAPHY

1. “A Global Report Card on LGBTQ+ Rights for IDAHOBIT.” Human Rights Watch, October
28, 2020. https://www.hrw.org/news/2020/05/18/global-report-card-lgbtq-rights-idahobit.
2. ILGA, World. “Maps - Sexual Orientation Laws.” ILGA, May 25, 2021.
https://ilga.org/maps-sexual-orientation-laws.
3. Hunter, Sophie. “Hijras and the legacy of British colonial rule in India”. Engenderings, The
London School of Economics and Political Science. (2019).
https://blogs.lse.ac.uk/gender/2019/06/17/hijras-and-the-legacy-of-british-colonial-rule-in-
india/.

4. Gleason, James. “LGBT History: The Lavender Scare”. NGLCC, (2014).

https://www.nglcc.org/blog/lgbt-history-lavender-scare> [Accessed 19 September 2021].
5. Heywood, Andrew. “Political Theory: An Introduction” [Pg. 293-294].
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