Challenges and Rights of the LGBTQIA+ Community in India

Explore the struggles faced by India’s LGBTQIA+ community—discrimination, health issues, family rejection, and workplace bias. Learn about key schemes like SMILE & Garima Greh and the urgent need for inclusive laws and equal rights for all.

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Lesbian, Gay, Bisexual, Transgender, Queer, make up the abbreviation LGBTQ. They are the individuals who do not identify with the cisgender heterosexual "ideals".LGBTQ
  • The Hijras are a distinctive social group and part of the LGBTQ community in India. They are either "neither men nor women" or men who act like women, depending on the culture. They are referred to as the Third Gender at the moment. 
  • In India, there are over 6 lakh transgender persons, according to the 2011 census.

Issues Faced by the LGBTQIA+ Community

  • Family: Problems with sexual orientation and gender identity lead to arguments and disturbances in families. The miscommunication and lack of understanding between parents and their LGBTQ children exacerbates family discord.
  • Discrimination: One of the main causes of socioeconomic disparity in the LGBTQ population is employment discrimination.
  • Health Issues: Criminalizing homosexuality leads to discrimination and denies LGBTQ individuals access to proper or necessary medical care. Additionally, it raises obstacles for HIV prevention, testing, and treatment programs to be made available and used.
  • Drug abuse and isolation: They gradually lose confidence and self-esteem, and they isolate themselves from friends and family. These people develop drug, alcohol, and cigarette addictions in an effort to cope with stress, prejudice, and rejection.
       Important judgments to LGBTO
  • Same sex marriages: The Special Marriage Act of 1954 outlines provisions for Indian citizens and all Indian nationals living abroad, enabling them to be married regardless of their creed, caste, or religion. 
  • The current laws cannot be applied to LGBT weddings, hence new legislation will need to be created, changed, or added in order to recognize same-sex unions. There are three approaches to make marriage laws more inclusive of LGBT+ people.
    • Same-sex unions can be legalized once the current laws are reinterpreted, modified, or amended, or by changing the act's text to make it gender neutral.
    • Same-sex unions ought to be legalized when a completely new Act has been written, taking the LGBT+ community into account.
    • Since India is still not progressive enough to accept the concept of LGBT marriages, the legislature should instead grant same-sex couples a different status. 
      • In which they would not have all the rights of marriage but would nonetheless be able to take advantage of a number of important rights like sharing insurance and filing joint tax returns, among other things. 
  • LGBTQIA+ community: There are a number of additional factors that support the claim that the current employment rules do not adequately protect LGBTQIA+ people from routine workplace discrimination and harassment.
    • As a general rule, employment and labor laws apply to many facets of work, including compensation, terms and conditions, gratuities, insurance, anti-discrimination legislation, and maternity benefits.
  • Discrimination in schools: According to a survey by the United Nations Cultural Agency on 400 LGBT+ youth in India, more than 60% of LGBT+ youth experienced bullying in middle and high school. 
    • 43% reported instances of sexual harassment at school, 70% experienced anxiety and depression, and shockingly, 33% of them even discontinued their education as a result of bullying. 

Government Schemes for the LGBTQIA+ Community

  • SMILE (Support for Marginalized Individuals for Livelihood and Enterprise): Focus on rehabilitation, access to medical facilities, counselling services, assistance with basic documentation, educational opportunities, and skill development programs.
  • Garima Greh Scheme: The establishment of shelter homes specifically designed to support destitute and vulnerable transgender persons.
  • SWEEKRUTI: To ensure equitable justice for transgender persons and create an enabling environment for equal opportunities, social justice, and empowerment of transgender persons.
  • National Portal for Transgender Persons- To help applying for a Certificate and Identity card digitally from anywhere in the country.

Way forward

  • The LGTBQ community needs an anti-discrimination law that gives people the freedom to have fulfilling relationships and lives regardless of their sexual orientation or gender identity and lays the responsibility for change on the state and society rather than the person.
  • To guarantee that the LGBTQ population is not refused access to public services or mistreated because of their sexual orientation, government entities, especially those responsible with health and law and order, must be made aware of this.

Conclusion

  • It is crucial that the government put aside its conservatism and take decisive action to end the stigma, prejudice, and abuse that surrounds LGBTQIA+ persons. 
  • It is past time for the government to create new laws or change current ones governing marriage, adoption, guardianship, inheritance, employment, etc. for the benefit of LGBT+ people's education, social security, and health, with a specific focus on Transgender People.

Challenges and Rights of the LGBTQIA+ Community in India FAQs

LGBTQIA+ stands for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual, and others.

As of now, same-sex marriages are not legally recognized in India, though there is growing advocacy for legal reforms.

Schemes like SMILE, Garima Greh, Sweekruti, and the National Portal for Transgender Persons aim to support and empower the community.

Many face bullying, harassment, mental health issues, and even dropout due to discrimination and lack of support.

Such a law would ensure equal rights, protect against harassment, and promote inclusive access to healthcare, education, and employment.


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