It’s going to be 3 years since section 377 of the Indian Penal code was taken down. woahhh! Section 377 says that whoever voluntarily has carnal intercourse against the order of nature with any woman, man or animal shall be punished with imprisonment for life. The punishment can be of 10 years and are also liable to fine.
On 6 September 2018 Supreme Court decriminalized homosexuality. After fighting for so many years this is a step towards making India a more safe country for the LGBTQ community. Still, there are many countries where homosexuality is illegal.
Judge Indu Malhotra said, “History owes an apology to members in the community for the delay in ensuring their rights.” The struggle of the community was since the British era. Even one step towards it is a big deal because of India’s population, history, and influence. The majority of people are still not ok with this.
As the supreme court, the season was great but there are few more important topics to talk about and there are various laws that still exclude the LGBTQ community and deny their rights. Some laws exclude the community from being equal citizens. We cannot imagine how hard it is….to live in a Democratic country but still not treated equally.
So, let’s talk about some rights that the LGBTQ community is fighting for:
Right to Employment
There has been workplace discrimination and harassment against LGBTQ person and most of the company’s HR policy is not inclusive at all. Even the Sexual Harassment At Workplace Act of 2013 considers females only. Lok Sabha has passed the Transgender bill to ensure employment for the trans community. But some company’s policy fails to provide a safe and secure workplace for the community. This govt. just stop looking towards issues like employment. They don’t even consider it as an issue, now!
Right to Marry
The Supreme Court has decriminalized section 377 but it still hasn’t given any member from the LGBTQ community has a right to get married. These are incumbent on the constitution that is particular to specific religions including, The Hindu code bill. There was a case when Madras High Court upheld a marriage between a man and a trans woman. This case preached article 21 (Right to life and Personal liberty) of the Constitution.
Nikesh, one of the members of the LGBTQ community, said that “We all came into the world in the same way so why do heterosexuals have more rights than me” The couple has come forward and demanded the Kerala Supreme court to legalize same-sex marriage. Pyaar krne wale bhi shadi nhi kre! toh kon karega!!!
Right to Adopt
The right to adoption is not available for same-sex couples. The Hindu adoption and maintenance act of 1957, states that any female can adopt, but a male can only “if they have a wife.” Ye koi baat hai? Shadi bhi nhi kr skte, baache bhi nhi adopt kr skte. Kaise democracy hai ye?
The first openly married gay couple in Kerala can not adopt and said that there is only hope. They said that the LGBTQ organization of Chennai is planning to approach Supreme Court to legalize homosexual marriage and the right to adopt.
Right to Surrogacy
The right to surrogacy is also one of the major problems for the LGBTQ community. The surrogacy bill is pending in the Upper house. In the bill, commercial surrogacy in the country is banned and couples who have been married for 5 years are eligible for surrogacy. The bill has been passed by the Lok Sabha but still needs approval from The Upper house. Kis baat ki hai deri, Rajya sabha?
The LGBTQ community cannot take part in any military services. The bill for giving employment to the community Military services was introduced in Lok sabha but it lapsed.
We see cases that are horrified and many people from the LGBT community still fighting for their basic needs. The community has fought a long battle and they are not skiing much. So, by giving them respect and their space, you can be a better person. They have a long battle to fight but our support matters more than anything.
They want freedom from random stares, freedom judgment, freedom from unequal treatment, freedom from people thinking them unnatural, freedom from restrictions.