LGBTQ+ Communities
- Definition – The LGBTQ+ community is a diverse group of people who identify as lesbian, gay, bisexual, transgender, queer, or questioning. The community is united by a shared history of oppression and discrimination, as well as a shared goal of achieving equality and acceptance.
Constitutional Provisions
- Article 14: The Article guarantees equality before the law and prohibits discrimination on grounds of sex, religion, race, caste, or gender. It can be interpreted to include sexual orientation and gender identity, providing a basis for challenging discriminatory laws and practices.
- Article 15(1): It enjoins on the Government not to discriminate against any citizen of India on the ground of religion, race, caste, sex or place of birth.
- Article 15 (2): It mandates that no citizen shall be subjected to any disability, liability, restriction or condition with regard to access to public places.
- Article 19: The Article guarantees the freedom of expression, which includes the freedom to express one’s sexual orientation and gender identity. It can be invoked to protect LGBTQ+ individuals’ right to advocate for their rights and raise awareness about LGBTQ+ issues.
- Article 21: Article 21 protects the right to life and personal liberty, encompassing the right to live with dignity. This provision has been used by the courts to recognize the rights of LGBTQ+ individuals and protect them from discrimination and violence. The right to privacy under Article 21 has been upheld as a fundamental right by the Supreme Court of India.
Issues faced by LGBTQ+ in India
-
Social Stigma and Discrimination:
- Deep-Rooted Prejudices: Traditional societal norms and religious beliefs can lead to discrimination in various aspects of life, including housing, employment, and healthcare.
- Lack of Acceptance: Coming out as LGBTQ+ can be difficult due to fear of rejection from family, friends, and society at large.
-
Legal and Policy Issues:
- Limited Rights: While homosexuality is decriminalized, there are no anti-discrimination laws protecting LGBTQ+ individuals from unfair treatment in areas like employment or housing.
- Marriage Equality: Same-sex marriage is not recognized in India, creating challenges for LGBTQ+ couples in terms of property rights, inheritance, and social recognition.
-
Violence and Harassment:
- Hate Crimes: LGBTQ+ individuals can be victims of physical and verbal abuse due to their sexual orientation or gender identity.
- Police Brutality: Discrimination by law enforcement officials can be a concern, creating a sense of fear and vulnerability.
-
Healthcare Disparities:
- Limited Access to Sensitive Care: Finding healthcare providers with an understanding of LGBTQ+ health issues can be difficult.
- Mental Health Concerns: The social stigma surrounding LGBTQ+ identities can lead to higher rates of depression, anxiety, and suicidal ideation.
-
Representation and Visibility:
- Underrepresentation: LGBTQ+ individuals are often underrepresented in media and popular culture, leading to a lack of understanding and empathy from the broader society.
- Invisibility: The fear of discrimination can force LGBTQ+ individuals to remain closeted, hindering efforts to build a more inclusive society.
Welfare Initiatives
- National Portal for Transgender Persons: To help a transgender person in applying for a Certificate and Identity card digitally from anywhere in the country.
- Garima Greh: To provide shelter to Transgender persons, with basic amenities like shelter, food, medical care and recreational facilities. It will provide support for the capacity-building/skill development of them.
- Kerala State – First state to announce a transgender policy. Launched a continuing education programme called Samanwaya aimed at transgender persons. Also directed all universities and affiliated arts and science colleges to reserve two seats for transgender people.
- Sweekruti Scheme (Odisha): It’s an umbrella scheme to enable the environment to ensure equal opportunities, equity, social justice & empowerment of transgender persons of the state.
- Smile Scheme: Union Minister for Social Justice & Empowerment has launched the Central Sector scheme “SMILE: Support for Marginalised Individuals for Livelihood and Enterprise. It is set to provide welfare and rehabilitation to the Transgender community and the people engaged in the act of begging.