Sexual Minorities in India (LGBTQ): Status and Challenges

Sexual minorities are groups of people whose sexual orientation, gender identity, or sexual characteristics are different from the presumed majority of the population, which are heterosexual. Earlier ‘Gay’ was the broad term used to refer to sexual minorities but the terminology has been expanded to Lesbian, Gay, Bisexual, Trans, Queer, Intersex among others (LGBTQI+).

Challenges

• Inequality and Violence: Members of the LGBT community are more vulnerable to intolerance, discrimination, harassment, and even violence because of their sexual orientation.
• Lack of Social Acceptance: Sexual minorities fail to find acceptance even in their own families. They are often disowned or are isolated from others. They often end up in juvenile detention.
• Health Issues: Rejection and isolation can lead to mental health issues including stress, anxiety and low self-esteem. This can lead to alcoholism and drug abuse.
• Political Under-Representation: Due to their low proportion, Sexual minorities feature low on the priority list of political parties. They have no political representation.
• No Benefits under Certain Laws: Assisted Reproductive Technology (Regulation) Act, 2021 allows only heterosexual couples to use ARTs. Similarly Rights of Sexual Minorities are not covered under Maternity Benefits Act, 2017.

Constitutional Safeguards

• The Preamble: The Preamble to the Constitution of India provides for Justice (social, economic, and political) and equality of status.
• Article 14 (Right to Equality) provides for equal status before the law and an equal protection of the laws.
• Article 15 and 16 (Right against Discrimination and Equality of Opportunity) Both the Articles prohibit all varieties of gender bias and gender-based discrimination.
• Article 21 provides for Rights to Life and Personal Liberty.
• Article 23 provides for Right against Exploitation and prohibits various inhuman acts like human trafficking and beggary.

Legal Safeguards

• The Transgender Persons (Protection of Rights) Act, 2019 prohibits any person or organisation from discriminating against transgenders in matters of employment, recruitment, promotion and other related issues.

Suggestions

• The Government should take concrete steps to eliminate the stigma, discrimination, and abuse surrounding the LGBTQIA+ community.
• The government should formulate new laws or amend existing laws on marriage, adoption, guardianship, inheritance, education, employment, healthcare services, etc. for LGBT+ people with special focus to Transgender persons.