LGBTQIA+ COMMUNITY (Syllabus: GS Paper 1 – Indian Society)
Context: The Union government has clarified in a recent advisory that individuals from the LGBTQIA+ community and those in queer relationships are permitted to open joint bank accounts and nominate each other as beneficiaries.
LGBTIQ+ Community
- About: LGBTIQ+ is an acronym for Lesbian, Gay, Bisexual, Trans, Intersex and Queer.
- They are the individuals who do not identify with the cisgender heterosexual "ideals".
- Protection Under The Constitution:
o Article 14, 15, and 16: Prohibit discrimination on grounds of sex, which the Supreme Court has extended to include sexual orientation, protecting LGBT individuals from discrimination based on their sexual orientation.
o Article 21: Guarantees rights to life, dignity, and privacy, including the right to choose one's gender and practice one's sexual orientation, as interpreted by the Supreme Court.
- Transgender Rights In India
o Right to Vote: Recognized since 1996, allowing transgender individuals to participate in elections.
o National Legal Services Authority (NLSA) v. Union of India (2014): A landmark Supreme Court ruling that recognized transgender persons as the 'third gender,' entitling them to reservations in government jobs and education, and affirmed their fundamental right to gender change.
o The Transgender Persons (Protection of Rights) Act, 2019: Defines a "Transgender person" as one whose gender identity does not align with their gender assigned at birth, including various identities such as trans-man, trans-woman, intersex, genderqueer, and others, without requiring sex reassignment surgery or hormone therapy.
oTransgender Persons (Protection of Rights) Rules, 2020: Formulated to ensure equality in education, employment, and access to public spaces for transgender persons.
Schemes for LGBTQ
o 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.
o Garima Greh Scheme: The establishment of shelter homes specifically designed to support destitute and vulnerable transgender persons.
o SWEEKRUTI: To ensure equitable justice for transgender persons and create an enabling environment for equal opportunities, social justice, and empowerment of transgender persons.
