QUEER COMMUNITY (Syllabus GS Paper 1 – Indian Society)

Context: The Union Government has written a letter to States and Union Territories and asked them to ensure that members of the queer community (LGBTQ+) get equal rights in prison.

Queer Community

• About: Queer" serves as an adjective encompassing sexual orientations beyond exclusively heterosexual or straight identities.
• Identity: It embraces individuals identifying as lesbian, gay, bisexual, transgender, nonbinary, gender-fluid, or gender-nonconforming.
• Reclamation and Controversy: Historically derogatory, "queer" has been reclaimed by some LGBTQIA+ individuals as a self-descriptor, yet it remains contentious within the community.

Background of the LGBTQIA+ Community

• Ancient Indian Cultural Perspective: Acceptance and celebration of all types of love, as well as a neutral view of homosexuality, were central to ancient Indian culture.
• Khajuraho Temple Depictions: The Khajuraho Temple in Madhya Pradesh illustrates the presence of sexual fluidity and acceptance among homosexuals in ancient Indian art.
• British Colonial Influence: In 1861, British colonial authorities introduced laws in India that considered homosexual practices as "against the order of nature," influencing legal and social attitudes towards LGBTQIA+ individuals.
• Shakuntala Devi's Contribution: In 1977, Shakuntala Devi published "The World of Homosexuals," a pioneering work that advocated for full acceptance of homosexuality in Indian society.
• Legal Recognition: LGBTQIA+ individuals were recognized as a third gender by law in 1994, following a Supreme Court judgment that affirmed their voting rights and recognition under law.
• Supreme Court Ruling (NALSA judgement): In 2014, the Supreme Court of India ruled that transgender individuals should be recognized as a third gender, marking a significant step towards equality and recognition in Indian society.
• Navtej Singh Johar case (2018): The court recognised rights of gay couples to engage in same-sex relationships.
• Supriyo Chakraborty V Union of India (2023): SC recently delivered a verdict, rejecting petitions to legalize same-sex marriage under the Special Marriage Act, 1954è No fundamental right to marry under the Constitutionè Queer couples do not have the right to adoptè Couples do not enjoy a right to a civil union.