Why in news?
The Supreme Court heard the petitions related to LGBTQ community to legalize same sex marriage.
What are the important Supreme Court cases on LGBTQ rights?
- Navtej Singh Johar & Ors. v. Union of India - Decriminalised all consensual sex among adults, including homosexual sex by scrapping down section 377 of the Indian penal code (IPC).
- The court ruled that LGBTQ community are equal citizens and underlined that there cannot be discrimination in law based on sexual orientation and gender.
- NALSA v Union of India - The court upheld the right of transgender persons to decide their gender.
- It also directed the Centre and state governments to grant legal recognition to their gender identity such as male, female or the third gender.
- KS Puttaswamy v Union of India - Recognized the right to privacy as a fundamental right under the Constitution.
- Shafin Jahan v Union of India - Recognized the right to choose one’s partner as a facet of the fundamental right to liberty and dignity.
- Shakti Vahini v Union of India - Recognized the right to choose a life partner as a fundamental right.
- The right to choose life partner have sanction of the constitutional law under Articles 19 and 21.
- Deepika Singh vs Central Administrative Tribunal - Recognized “atypical” families, including queer (LGBTQ) marriages, which could not be confined in the traditional parenting roles.
What are the impacts of the verdicts to LGBTQ community?
- Social impact - They live with dignity, respect, freedom as normal as like other genders.
- Educational impact - They can take higher education, schooling and jobs.
- Personal impact - They are free to choose their partners too and live in a peaceful environment.
- Protection against the discrimination.
What are the challenges faced by LGBTQ community?
- Employment – Gender revelation in work place due to fear of job loss.
- Schemes – Denied access to social protection schemes such as health care and pensions.
- Lack of communication – between LGBT children and parents often leads to conflict within families.
- Hate crime – Isolation from the society and victims of hate crimes.
- Forced begging and human trafficking.
- No child adoption rights.
- No legal recognition on same sex marriage.
References
- Legal Service India│ Challenges To LGBTQ Community
- The Indian Express│SC Cases On LGBTQ Community
- Legal Service India│Impacts On LGBTQ Community