LGBT Community People and Their Rights

Introduction

LGBT community with the time is evolving but they are still struggling for their identity and face many challenges and problems. Discriminating LGBT community people violets the article 14 (Equality before law and equal protection of law), Article 15 which profits discrimination on the basis of sexuality , article 19  Freedom of speech and Expression , Article 21 Right to privacy (Supreme court held that section 377 IPC is violates the constitutional Rights) . Therefore legislature, judiciary and the people making efforts to give them equal treatment in the society and protection of their human, legal, social and constitutional Rights including the same sex marriage (one of the biggest challenge).

October 6 ,2018 (Golden day in the pages of history)

This day is marked as a historical day in history of india for the LGBT community people as it dicriminilised  the same sex marriage that is Section 377 of IPC .

It gives the new life to the LGBT community people as their struggle came to the some extent.

Section 377 of Indian Penal Code

Section 377 of IPC deals with unnatural offence  that is any person voluntarily has carnal intercourse against order of nature with any man , women, or animal shall be punished with an Imprisonment for life . It is most powerful weapon to harass this community people. After Oct 6 2018 LGBT community people can have  same sex marriage  and legal sexual intercourse in course of Heterosexual union.

Some of the relevant case laws are 

Naz foundation government  v/s NCT of Delhi –

In this case delhi high court held that section 377 of IPC viloates the fundamental rights under article 14, article 15, article 19, article 21 , of the indian constitution as it imposes unreasonable restrictions  on the LGBT community people who are engaged in the sexual intercourse. Delhi high court want to abolish section 377 of IPC as it violets  fundamental right of the people, but this judgement was challenged in Suresh kumar Kaushal case and held unconstitutional .

National Legal Service Authority of India v Union of India 

In this case one important issue was raised in front of supreme court that Whether to recognise transgender as a third gender or not so that they can get status in the society supreme Court in its judgement recognise trans gender as a third gender ao that they can get their own identity in the society and also recognise their human, legal , constitutional rights . Supreme court also directed the government of india to make policies for transgender in the light of article 16 (4) and article 15(2) of indian constitution.

Navtej Singh Johar v Union of India

In this case  section 377 of IPC (homosexuality) was challenged as transgender can’t enjoy various rights. In NAVTEJ SINGH JOHAR CASE supreme court held to dicriminilised section 377 of IPC  and passed the verdict in favour of transgenders and recognise their rights . This judgement  overuled the judgement of suresh kumar koushal case.

The Transgender Persons (Protection of Rights) Bill 2019

This bill increases the accountability of central government , state government and union  territory to make policies in favour of transgenders and to solve their problems . It will help the transgender persons to be productive and accountable members of the society.

The ministry for the social justice and empowerment introduced this bill on July 19 2019 in the lok sabha .This bill defined transgender as persons whose gender can’t be determined at the time of the birth it includes persons with intersex variations , transgender, transwimen such as Hijra and Kinnar .

This bill prohibits following discriminatory  against  transgender

1) Education

Education institution funded by the government of india shall provide education facilities and reservation to the trans gender without any discrimination .

2) Employment

Transgender should not be discriminated during employment at government or private entity . They should be given equal status at employment place .

3) Residential place

Every transgender has a right to livelihood so they should be given proper residential place for their household .

4) welfare measures taken by the government

The government from time  to time  should  introduce various schemes and programes for welfare and upliftment transgender The government should also provide special incentives to the transgender.

5)Heath Care

The government t should provide special care facilities to the transgender including sex reassignment surgery , medical insurance , HIV , surveillance .

6) Identity certificate

District magistrate should grant certificate of identity indicating transgender as a  third gender on receiving application  by the transgender.

7) National council for transgender persons (NCT)

This council consist of union minister for social justice , minister of state for social justice, secretary of social justice , other members of  NITI Aayog and other five members of transgender community and NGO.

Aims of the Council

• Advise the central government regarding policy making related to transgender .
• Legislate various projects of transgender .
• Monitor the Impact of policy.

8) Penalties and punishment

If any provisions of this bill is violated than person will be  sentenced to Imprisonment  for six months  extended to two years and person will be charged with fine .

Relevant data released by Supreme Court of India

In India 25 lakh of population is transgenders . According to the report of the supreme court about 7 percent of transgenders are Infected with HIV disease,with is a serious problem for india .

Perception of Society towards Transgender

Law is ineffective till the perception of people changes. From the decades we can analyse how this people are exploited and harnessed after passing transgenders protection  bill 2019 , it provides some protection to the LGBT community people but is ineffective  as the mind of the people toward them does not changes .

People make them feel inferior in the society and the public places .The main problem which this people faces is – lack of education, discrimination, unemployment,lack of the care and hygiene,marriage problems , not access to public bathrooms and toilets .They are still treated as animals in the society .

Conclusion

All laws are ineffective if the mind of the people  does not changes. So in the modern society this people should be given proper place at their comfort and equal rights and opportunities so that they feel comfortable and can become part of our society. Modern people  should work according to the modern laws. Not only the Government but the people should also give them equal rights and opportunities so that they can become a productive member of society.

The article has been contributed by Alice Chauhan.