LGBT is a short term for Lesbian Gay Bisexual Transgender. Here, ‘Lesbian’ stands for a woman who is sexually attracted towards another woman, ‘Gay’ means a man who is sexually attracted towards another male, ‘bisexual’ means a person who is sexually attracted to both men and women, ‘transgender’ means a person whose gender is different from what they were thought to be at the time of their birth.
When it comes to the civil liberties and fundamental freedom, many countries have accepted the same-sex marital relationships. The LGBTQ+ community has constantly faced sexual identity based prejudice. They have been struggling for a long time for the judicial acknowledgment of their human basic rights.
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- Section 377 of
the IPC, 1860 classified it as an unnatural offence.
- In 1977, a
book named “the World of Homosexuality” got published which talked about
the complete acceptance of the community and not tolerance or sympathy.
- 1981 witnessed
the first All India Hijra conference in Agra, which was attended by 50000
members across the country.
- In the year
1994, Hijas were legally provided the voting rights under third gender.
Also in the same year the first petition challenging section 377 by the
AIDS Bhedbhav Andolan was dismissed.
- In the year
1999, the first pride march to be ever organized in South Asia, was held
in Calcutta.
- Later, the Naz
Foundation filed a PIL in Delhi High Court for justice against these laws
which were causing damage to their pride, respect, community, rights and
freedom in India.
Laws
and Provisions
Provisions
under the Indian Law-
- Section 377
- Any sexual act
against the order of the nature shall be a criminal offence
- Sexual
relationship between woman and woman, male and male or a human being
and animal shall be an offence.
- The offence
under the provision shall be punishable for a period extending up to 10
years with or without penalty.
- The
constitution of India provides six fundamental rights to every citizen of
the country.
- Article 14
provides for the right to equality and equal protection of law to all the
citizens of the country including men, women or transgender.
- Article 15 of
the Constitution provides protection against the discrimination on the
grounds of religion, sex, race, caste or birth place. Thus, it means that
no one can be discriminated on the grounds of sexual orientation.
- Article
19(1)(a) of the Constitution of India ensures that all the citizens of the
country have the right to freedom of speech and expression. Thus, every
person has the right to defend their rights to express their sexual
orientation.
- Article 21 of
the Constitution of India is regarding life and personal liberty. Thus the
Indian Constitution ensures gender privacy, identity and integrity.
Current existence of Section
377 of IPC-
- In the
case of Navtej Singh Johar v Union of India (6th September
2018),
- A Bench of
five judges Bench of the Supreme Court of India delivered the historical
judgment on homosexuality where it was partially decriminalized the
provision under Section 377 of the IPC.
- Article 14 of the constitution provided that the consensual sex between two adults is not a valid Intelligible Differentia, i.e. not against t
- he order of
nature.
- Under Article
19, human sexuality can’t be defined narrowly. The discrimination against
the LGBT community is, thus, unconstitutional.
- However, the
crimes related to sexual acts against minors are still an offence, also
non- consensual acts and the acts of bestiality are also criminal offence
under the provisions of law.
- The apology was
extended to the LGBT community and their family members for the delay in providing
redressed for the dishonor and avoidance they had to suffer for the
centuries.
How
legal Support could ensure the rights of the LGBT are safeguarded-
- As is
mentioned in the article above, various rights have been safeguarded
against under the Constitution of the country. Also, in case of sexual
orientation of an individual, sex between two consenting adults is a
private matter, as is ensured after partially decriminalizing Section 377.
- Thus, in case
an individual irrespective of their sex, race, gender etc. is facing
infringement of these rights provided to them under the law of the
country, they can initiate legal proceedings against the respective
party.
- In order to safeguard their rights as provided under the law, you shall seek legal advice from an experienced legal practitioner or advocate.
Conclusion
Just because of their sexual orientation, the LGBT community has been constantly facing discrimination and physical and mental harassment not only in their workplace, but also in environments like education, schooling and vocational training. The rights provided in the constitution are equal for every individual and cannot be discriminated against on any ground.
Lead India offers you legal assistance
as well as legal advice in case any of your legal or fundamental rights have
been infringed. Also for court marriage in
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patna or your city, you can
contact us to understand the procedure involved as well as for legal
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