Legal Article

LGBTQ+ Movements and Achievements in the India

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 3 Aug, 2023

The LGBTQ+ rights movement in India has been a story of resilience, activism, and, finally, legal victories. While colonial-era laws left behind a legacy of discrimination, the Constitution of India and subsequent interpretations by the Supreme Court have played a crucial role in upholding the rights of LGBTQ+ individuals.

Historical Context:

  1. Section 377 of the Indian Penal Code (IPC): Introduced during British colonial rule in 1861, this section criminalized “carnal intercourse against the order of nature,” effectively making homosexuality illegal.

Constitutional Provisions:

  1. Article 14: Guarantees the right to equality before the law.
  2. Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
  3. Article 21: Ensures the right to privacy and the right to life and personal liberty.
  1. Naz Foundation v. Govt. of NCT of Delhi (2009): The Delhi High Court decriminalized homosexuality by reading down Section 377, stating that it violated Articles 14, 15, and 21 of the Constitution. However, this judgment was specific to the jurisdiction of Delhi.
  2. Suresh Kumar Koushal v. Naz Foundation (2013): The Supreme Court overturned the Delhi High Court’s judgment, reinstating Section 377. This was a setback for LGBTQ+ rights.
  3. National Legal Services Authority v. Union of India (NALSA judgment, 2014): The Supreme Court recognized the rights of transgender individuals, marking a significant step for LGBTQ+ rights. The Court stated that they should be treated as a ‘socially and educationally backward class’, thus eligible for reservations under the Constitution. Moreover, it upheld the right to self-identify gender.
  4. Justice K.S. Puttaswamy (Retd) v. Union of India (2017): In this landmark judgment on the right to privacy, the Supreme Court affirmed privacy as a fundamental right under Article 21. Notably, the judgment made references to sexual orientation being a facet of privacy.
  5. Navtej Singh Johar v. Union of India (2018): Building on the foundation laid by the right to privacy judgment, the Supreme Court decriminalized homosexuality. The Court read down Section 377, decriminalizing consensual homosexual acts between adults. It was emphasized that LGBTQ+ individuals possess the same human, fundamental, and constitutional rights as any other citizen.

Achievements Beyond the Court:

  1. Media and Awareness: Progressive media representations, especially in the form of movies, web series, and literature, have played an instrumental role in mainstreaming LGBTQ+ narratives.
  2. Pride Parades: Annual pride parades across major Indian cities like Delhi, Mumbai, Kolkata, and Bangalore serve as a visible and vocal assertion of LGBTQ+ rights and solidarity.
  3. Community Support: Organizations like Naz Foundation, Humsafar Trust, and many others have tirelessly worked at the grassroots level to provide support, counseling, and medical aid, as well as engage in advocacy and lobbying efforts.

Conclusion:

While India has made considerable legal advancements concerning LGBTQ+ rights, the fight for complete equality and acceptance is ongoing. Societal prejudices still persist, and the LGBTQ+ community continues to face issues concerning marriage rights, discrimination, and societal acceptance. However, the landmark judgments and the increasing visibility of the LGBTQ+ community mark a hopeful trajectory towards a more inclusive India.