BACKGROUND OF THE
PROJECT
Introduction
In ancient period, the people of our
country were not familiar with the terms like lesbian, gay, bisexual and
transgenders and if even anyone were familiar with such terms, society was of
the view that they don’t deserve to live with us and they are not as normal
like us.
From the very starting they have been
neglected from the society and are considered to be the marginalized sections
of our Indian society.
Before explaining further, it should be
understood what exactly these terms mean:
Lesbian
– It means a female homosexual. When a women is sexually attracted to other
women.
Gay
– It means a male homosexual. When a men is sexually attracted to other men.
So basically these two terms i.e.
Lesbian & Gay are homosexuals who are sexually attracted to members of same
sex.
Bisexual
– It means when people are sexually attracted to the members of both the sexes.
Transgender
– It is defined as those people who are not exclusively masculine or feminine
and these people may term as cross – dressers also.
Problems
faced by LGBT Community
Besides being neglected from the society
on the basis of that they are different from normal people, they also face many
problems in the society, which are as follows:
Ø They
experience a lot of crimes in their day to day life because of their sexuality
and gender identity. Some of the crimes which they experience are Rape, Sexual
Assault, and Harassment.
Ø The
people who are outside of their community are not accepting them. They face
many problems related to violence, unemployment, poverty, lack of healthcare
and many more.
Ø Discrimination
among LGBT community is highly prevalent. People think they are odd and very
different.
Ø They
face inequality at every place around the world. They also suffer social and
economic inequalities.
Ø They
face tortures from the people who mock at them.
Ø Very
few people can open up themselves in front of others, but most of them are
still hiding their identity and that too even in front of their parents and
school friends.
Ø Their
parents and friends get embarrassed when they are around them.
Ø They
develop low self esteem and low self confidence and they get isolated from
their friends and family.
Ø Telling
about their gender choices in public is still a struggle for LGBT people.
Due to all the above issues, they have
to live with dual lives so that they don’t feel neglected from others and
always wait for the right moment to talk about this issue to others. They have
always been saying in their families that they are not the person, which their
family expected to be.
Because of the exclusion from the
society and discrimination, it has impacted their lives due to which:
·
They drop the school
earlier or leave their homes and family because of the embarrassment.
·
They commit suicides.
Even after the courts have given them
equal status as of others, fundamental rights have been granted to them, legal
recognition has been given to them but still there are some problems which they
face in their daily lives which have been listed above.
Measures
to implement/ Objectives of the Program
So after facing the problems, it is felt
that some measures should definitely be implemented or some objectives should
be set up for the program which will be beneficial for LGBT community so that
they don’t feel neglected and they should be treated equally.
·
Drafting
of Special Laws
It can be very well seen that even after
their gender have been covered under the ambit of Constitution still some
sections of the society are not accepting them as part of their country and due
to this discrimination they experience different types of crime. It will be
beneficial for them if special and most importantly stringent laws be made for
them where the provisions be contained only for their community relating to
equality, crimes, rigorous punishment needs to be imposed on whosoever sexually
abuses or harasses them.
·
Opening
up of opportunities
For such members of the community
various opportunities should be opened up for them where they will be involved
in social and economic activities and this may increase their morale and due to
this they may feel motivated.
·
Prevention
related to family & domestic violence issues
The LGBT Community faces a lot of
neglect from their family and due to this they cut themselves from their
relatives and some of them even commit suicides. So it is necessary to take
preventive measures or steps so that they don’t face such kind of issues and
should be treated equally.
·
Change
of Social Attitude
It is most important that social
attitude towards them should be changed. Society should understand that they
are also human beings and they also deserve to live with dignity as of others.
It doesn’t mean that if they are not straight so they deserve to treat
indifferent or fun can be made of them.
·
Organization
of Seminars and Workshops
Various seminars and workshops should be
organized for their community so it could reach to the mass population of the
country. They should be made aware of their rights and obligations to which
they are entitled to, as some of them might not aware of what laws have been
made for their welfare.
·
Creation
of employment or startups opportunities
Government should take the initiatives
of creating employment opportunities or startups should be opened for them so
that they could experience the working environment where people from diverse
regions or background come together. Due to this they will feel supportive.
·
Proper
Education
It needs to be ensured that they get
proper education and institutions also don’t neglect them in admissions and
they should also be treated equally as of normal students, so that no
discrimination prevail and unity can be maintained. Normal students must also
learn that they don’t tease them and behave nicely with them as they are also
creatures of god.
Need
to implement
It is very well clear that all are equal
and everyone should be treated equal whether it be men, women, lesbian, gay,
transgender or any other. The need for implementing this project is to make the
people aware of such community especially old people who think that they don’t
deserve to live along with them. It should be understood that they also have
freedom to live with whom they want. If the courts can treat them as part of
normal people, then why can’t society? When laws can be amended to grant them
recognition, then why can’t the society accept them? The law strictly abolish discrimination of
people on any of the grounds, then we, the people of the country are not above
law that we can discriminate them or make fun of their identity. They also have
right to live with dignity as of ours.
LEGAL BACKGROUND
In last few years, the government has
passed many new laws and has also made amendments in the existing laws related
to the LGBT Community so as to give them status as of normal people in country.
Various laws which have been enacted or
amended by the court since introduction of these terms are as follows:
Article 14 of the Constitution
It states that “state shall not deny to
any person equality before law or equal protection of law.” By this it means
that every person of our country should be treated equally whether it includes
heterosexuals, homosexuals, transgenders or of any other category. This article
guarantees equality to “any person” which includes man, woman and transgender
and they are also guaranteed equal protection of law as well.
Article 15 & 16 of the Constitution
It states that “citizens will be secured
from every sort of discrimination by the state and it also assures equality of
opportunity in matters of public employment on the grounds of race, caste, sex,
religion or place of birth.” From these articles it means that discrimination
will not be tolerated by the state on basis of any grounds. So it implies that
lesbian, gay or transgenders whatever sex they belong to should not be
discriminated as they are also human beings.
Article 19(1)(a) of the Constitution
It states that “all citizens have right
to freedom of speech and expression.” It means that every individual of a
country is entitled to express themselves as they want and according to their
wishes. It applies for other sections of society as well that they can talk,
dress, act and behave in a manner they like. People of the country are not at
all restricted by the state to express their opinions and it is a fundamental
right which has been granted to the citizens of the country.
Article 21 of the Constitution
It states that “No person shall be
deprived of his life or personal liberty except the procedure established by
the law.” So, it means that whosoever an individual is whether being male,
female, transgender, lesbian, gay everyone is entitled to live freely and with
liberty. Every citizen of country is entitled to live with dignity and courts
have also interpreted that LGBT community is also being covered under the ambit
of Article 21 of the Constitution of India.
A landmark judgment of NALSA
vs. Union of India was passed on 15th April, 2014. For the
first time the Supreme Court has declared that non binary gender identities
will be legally recognized and fundamental rights of transgender persons will
also uphold. Various directions were being given by the court that the central
and state governments to take the required steps for the transgenders like
social welfare schemes should be framed for them, public awareness should be
created so that they don’t be treated as untouchables, they should be
categorized in the third gender and equal status should be given to them in
case of admissions and employment.
On 6th September, 2018, a
landmark judgment of Navtej Singh Johar vs. Union of India
was passed where the Supreme Court declared Section 377 of the Indian Penal
Code unconstitutional. The court decriminalized adult consensual same sex
relationships. The decriminalization of Section 377 marked an end of this law
where it will no longer be able to violate human right of a certain kind and to
foster and facilitate an atmosphere in which millions of people have faced
discrimination because of their sexual orientation or gender identity.
These judgments are considered a
landmark both in terms of their expansive reading of constitutional rights and
in empowering LGBT persons. This was a welcome victory for those who have long
suffered in silence in the face of large scale discrimination and social
injustice, but it does not necessarily mean that LGBT people in India are fully
free or perceived as equal among their fellow citizens. These judgments have
made an impact not only in India but throughout the world.
STATISTICS
The survey has
been and it is found that lesbian, gay, bisexual people experience sexual
violence at higher rates than straight people. The study shows that:
·
44 percent of lesbians and 61 percent of
bisexual women experience rape, physical violence, or stalking by an intimate
partner, compared to 35 percent of straight women.
·
26 percent of gay men and 37 percent of
bisexual men experience rape, physical violence, or stalking by an intimate
partner, compared to 19 percent of straight men.
·
46 percent of bisexual women have been
raped, compared to 17 percent of straight women and 13 percent of lesbians.
·
22 percent of bisexual women have been
raped by an intimate partner, compared to 9 percent of straight women.
·
40 percent of gay men and 47 percent of
bisexual men have experienced sexual violence other than rape, compared to 21
percent of straight men.
·
Within the LGBT community, transgender
people and bisexual women face the most alarming rates of sexual violence.
CONCLUSION
The LGBT
Community has always been considered as a taboo in the society. The
idea of human rights rests on the central premise that all
humans are equal. It follows that all humans have dignity and all
humans should be treated as equal. Anything that undermines that
dignity is a violation, for it violates the principle of equality and paves the
way for discrimination. The preamble to the Indian Constitution mandates
justice, social, economic, and political equality of status for all. So, the
same applies to the LGBT Community as well. These people are as normal as any
other human being and we should treat them with love and respect.
Everyone is a
creature of god and all deserves to live happily. Someone who is not normal
like other people should not be discriminated on any ground.
By -Palak Gupta
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