Lesbian, Gay , Bisexual and Transgender people in India face legal and social difficulties. Sexual activity between people of the same gender is illegal and same sex couples cannot legally marry or obtain civil partnership. India, does however, legally recognises third gender separate from men or women. The Indian cities of Delhi, Calcutta and Bangalore held their first gay pride parade in 2008. Homosexual intercourse was made a criminal offence under Section 377 of the Indian Penal Code. This made it an offence for a person to voluntarily have “carnal intercourse against the order of nature”.
The states like Kerala and Tamil Nadu in India were the first states to introduce a transgender welfare policy. According to the transgender welfare policy, transgender people can access free Sex Reassignment Surgery (SRS) in the Government Hospital , free housing program , various citizenship documents, admission in government colleges with full scholarship for higher studies . Tamil Nadu became the first state to form a Transgender Welfare board with representatives from the transgender community. In 2016, Kerala started implementing free SRS through government hospital.
In 2008, Additional Solicitor General PP Malhotra said-“ Homosexuality is a social vice and the state has the power to contain it”. LGBT rights are considered human rights by Amnesty International and civil rights by some. LGBT rights laws include – Government recognition, Immigration equality rights, Hate crime laws, Legal Recognition, Allowing LGBT adoption.
LGBT community in India should legal recognition as any normal person living in India. They should be treated equally and should be entitled to all those rights we are entitles to. The LBGT community has been represented very well in organisation for example Laxmi Narayan Tripathi who is a transgender activist was the first transgender to have been represented in Asia Pacific in the UN in 2008.
It would be wrong to have discriminate them in society and subjugating them and treating them badly. They are also entitled to all the rights which we as normal citizens are entitled to. India is a country which has still not developed on these lines and is not acceptable to such things. It needs to modernize itself. If one can accept all religion, caste and classes we can fairly well accept them as one of us and according to Amnesty International they should be given legal recognition.
The present central government is an expert on creating perceptions, whether it is on positive effects of demonetization or on development. Cultural ethos aside, violence and discrimination of any kind has to be annihilated. Indian politicians and the public has something to learn from the Dutch people in the way their leaders and people from all walks of life came #handinhand and showed solidarity against gay thrashing.
The onus is on the government, the society and the judiciary to protect the rights of every individual. The judiciary, one of the most important pillars of democracy, has to uphold the Constitutional values of the world largest democracy. Therefore, the Supreme Court of India, while hearing the curative petition on 2013 SC judgement, should give a wise interpretation of the Constitution, irrespective of the current political landscape