The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
LGBTQ Community-The below mention work is write by Anaya Jain, a 2nd year student of BA.LLB (Hons) from NMIMS, School of Law, Bangalore.
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3.3 Life of LGBTQ community in India after 6th September, 2018
In this piece of work, the author has tried to address the voices of the people of the LGBTQ community. “LGBTQ stands for lesbian, gay, bisexual, transgender, and queer. These terms are used to describe sexual orientation or identity of an individual.”[1] The legal background of this community goes back to section 377[2]of IPC that makes sexual activities ‘against the order of nature’ unlawful.
The global eye for the LGBTQ community is very variant. Its acceptance continues to spread across the globe but homosexuality is still a crime for many parts of the world and hence consider illegal. Out of a total of 195 countries of the world, there are 71 countries where homosexuality is illegal. There are 20 most dangerous countries around the world for LGBTQ+ travelers. Nigeria top this danger index considered the worst country for violence against gay travelers. People can be detain there for up to 14 years only for being homosexual, some other states even have the death penalty under Sharia law.
The safest country for LGBTQ+ travelers is Sweden. Same-sex marriage has been lawful there since 2009, and the nation has more Pride celebrations per capita than anyplace else on the planet. Canada, Norway, Portugal, Belgium are other countries that are also consider as safe. These are the top 5 safest nations for this community. It is consider ironic that UK is the 6th safe nation for LGBTQ+ travelers because the reason behind the significant number of unforgiving homophobic laws in nations all over the world is to a great extent are left outlaws make during British rule. In India also, it was likely the British impact that to a great extent prompt Indian homophobia in any case.
The battle against the LGBTQ community in India began in 1994 when the petition was document in Delhi High Court by Aids Bhedbhav Virodhi Andolan (ABVA) against the constitutionality of section 377 yet the petition was dismiss. Then in 2001, Naz Foundation likewise documented the petition which was excused in 2004 on the grounds of “locus standi[3]” yet in 2006 it went to the supreme court against this decision and consequently in 2009 consensual same-sex adult sexual relationship was decriminalized by Delhi High Court, however, this war for justice didn’t end here. In 2013, the Supreme Court repelled the decision of the Delhi High Court finding it “legally unsustainable”.
In 2014, milestone judgment towards gender equality was given in NALSA v UOI[4] which made Transgender the third sexual orientation.in August 2017, a significant lift came when the Right to Privacy as a fundamental right intrinsic to life and liberty was maintained by the court. As an outcome, later in July 2018, the book was again open by a
constitutional bench led by chief justice Dipak Mishra. On sixth September 2018, the Supreme Court in Navtej Singh Johar v Union of India[5] decriminalized section 377 of IPC and held it illegal which made the consensual sexual relationship between same-sex as lawful.
According to the 2019 survey, the Indian states/union territories which indicat the most elevate acknowledgment of the LGBTQ people group were Uttar Pradesh (36%), trail by Tamil Nadu (30%), and Delhi (30%). Asia’s first genderqueer pride parade was done in Madurai, Tamil Nadu. Chandigarh is consider the gayest city because on 15th March 2013,
its first LGBT pride parade was hold and it has been hold annually since then. People of metropolitan cities like Mumbai, Bangalore, Delhi, etc. are more open towards this community as compare to other cities.
The ruling of section 377 which took place on 6th September’2018 did not open the complete door of justice to the LGBTQ community because it was not just a battle for lawful rights but rather a battle against long-established social biases. They can still not marry each other legally; the only consensual same-sex relationship is make legal. Here, we can take the evidence of January 2020, when a gay couple from Kerala documented a suit in the Kerala High Court,
contending that precluding them from getting marry was violating several provisions of the Constitution of India.
Members of this community have always faced many challenges and are still facing discrimination, rejection from their own family, getting treat as an alien, facing hostility, and a lot more. People belonging to this community keep on staying among the marginalized areas of society. It is here that consideration and inclusion become one of the greatest challenges.
All these things dreaded them to uncover their own identity even to the ones who have given them birth. Consider how you would feel if everybody despises you for being you. This is the feeling the LGBTQ community lives with their entire life. These injustices are not feel by 1 or 2 individuals however it is felt by 2.5 million gay individuals who were recorded in India in 2012 survey and these figures are just base on those people who have self-declare to the ministry
of health, the genuine figure could be far higher.
To close, I think this is to a greater extent a religious debate than a political one. Personally, I am in favor of decriminalizing it because according to me homosexuality isn’t an offense, it is only a method of the quest for satisfaction, an approach to accomplish sexual bliss or desire. I can see positively no explanation apart from blind
prejudice, which forestalls two gay individuals experiencing a civil ceremony that will give them the rights and protections which hetero couples enjoy. Marriage is an indication of commitment and love.
If two men or two ladies need to show that commitment, how can that harm the beliefs of marriage? I unequivocally object to activities of the general public against this network because of what and why they should feel suffocated in society if they have not done anything wrong. They are BORN that way and they don’t have any control over their
sexuality, then why they should be punish for what isn’t heavily influence by them. Society needs to question itself
that if being gay or transsexual was a choice, at that point who might have picked it. The road ahead is as much a lawful course as a social one.
I think all individuals having a place in the LGBTQ community should fix one thing in their mind “There’s nothing wrong with you except for there’s a ton wrong with the world you live in”. Along these lines, never at any point question yourself for it, question the world out there.
https://www.amnestyusa.org/the-state-of-lgbt-rights-worldwide/
https://timesofindia.indiatimes.com/readersblog/know-your-rights/lgbtq-a-part-of-our-society-4320/
https://www.unfe.org/wp-content/uploads/2017/05/LGBT-Rights-FAQs.pdf
https://www.apa.org/international/pi/2012/06/un-matters
[1]https://gaycenter.org/about/lgbtq/
[2] The Indian Penal Code, 1860, s.377 states unnatural offences – Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
[3] The right or capacity to bring an action or to appear in a court.
[4]WP (Civil) No 400 of 2012
[5]W. P. (Crl.) No. 76 of 2016 D. No. 14961/2016
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