The idea of human rights rests on the central idea that all humans are equal. The Preamble of the Indian Constitution mandates justice- social, economic, and political equality of status- for all; and anything that undermines that dignity is a violation and if it violates the principle of equality and leads to discrimination. In their everyday life LGBT people face a lot of sufferings, abuse and prejudice. The flag of LGBT people is represented by seven colors. Each color represents one of the qualities of these people.
These LGBT people in India had faced a lot of social and legal difficulties; but today the scenario in legal aspect is changing with changing period of time and our country has also repealed it’s colonial era laws that directly discriminated against gay sex and transgender identification but yet no legal protections have not been provided to them including anti-discrimination laws and same-sex marriage. Since 2014, in India transgender are allowed to change their gender without going through sex reassignment surgery and they have been given a constitutional right to register themselves under the third gender; further in April 2014, the Hon’ble Supreme Court of India ruled in NALSA vs. Union of India that rights and freedoms of transgender people in India were protected under the constitution. However in the year 2018, the Hon’ble Supreme Court of India decriminalized section 377 of the Indian Penal Code and declared this section as unconstitutional in respect of consensual homosexual sex between adults.
The pink Triangle India’s petition filed to ensure LGBTQ+ Inclusive Curriculum in Schools. Recently, a 16 year old boy fell victim to suicide as he was constantly bullied by his classmates for having feminine features. His suicide note to his father reads as “My life will darken your life and that is the reason why my death is necessary.” Homosexuality is decriminalized but the discrimination still continues………
WE can change that if we teach our children empathy and acceptance in schools from the beginning.
Law Corner 