SEXUAL MINORITIES



Published on 30 Jan 2025

LGBTQ+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual and more. These terms are used to describe a person’s sexual orientation or gender identity. As per government records, India has around 8.4 lakh transgenders and over 25 lakh homosexual people, but unofficial sources claim much higher number.

Challenges faced by the LGBTQ+ community in India

  • Family and social rejection: They face discrimination and rejection from their families and communities which can lead to isolation, mental issues and a lack of support systems.

    • Example: As per Centre for Disease Control and Prevention, LGBTQ youth are 1.75 times more prone to anxiety and depression and have considered suicide nearly three times more when compared to heterosexual community members.

  • Health disparities: They may encounter challenges in accessing healthcare services due to discrimination and lack of understanding among healthcare providers.

    • Example: While 7.2% of transgender people are living with HIV, only 59% of them have been referred for testing and 33% been given counselling. (Humsafar Trust)

  • Denial of higher employment opportunities: The discrimination towards these communities prevents them from getting promoted to higher positions in many well-established firms.

    • Example: According to the NHRC report, 92% of the transgenders are deprived of the right to participate in any form of economic activity in the country.

  • Challenges for transgender individuals: Transgender individuals face unique challenges, including difficulties in legal recognition of their gender identity, lack of access to gender affirming healthcare and high rate of unemployment and homelessness.

    • Example: As per NHRC report, 52% transgenders were harassed by their classmates and 15% by teachers, forcing them to discontinue their studies.

  • Threat of violence: LGBTQ communities are prone to violence, which is an extension of lack of empathy and abusive mindset of the public.

    • Example: As per Swasti Health Resource Centre, 52% of gay men without peer support suffered from physical violence and 55% faced sexual abuse.

  • Drug abuse: They gradually develop low self-esteem and low self-confidence and become isolated from friends and family. This can get them addicted to drugs and alcohol.

Government initiatives to address the concerns of LGBTQ+ community

  • SMILE(Support for marginalised individuals for livelihood and enterprise): Focus on rehabilitation, access to medical facilities, counselling services, assistance with basic documentation, educational opportunities and skill development programs.

  • Garima Greh Scheme: The establishment of shelter homes specifically designed to support destitute and vulnerable transgender persons.

  • SWEEKRUTI: To ensure equitable justice for transgender persons and create an enabling environment for equal opportunities, social justice and empowerment of transgender persons.

  • National portal for transgender persons: To help apply for a certificate and identity card digitally from anywhere in the country.

Key provisions of Transgender Person (Protection of Rights) Act, 2019

  • Prohibition against discrimination: The bill prohibits discrimination of transgenders in relation to opportunities for education, job, healthcare services and access to services etc.

  • Right to be recognised as transgender: Every person has a right to be recognised as a transgender.

  • Right of residence: No transgender person shall be separated from parents or immediate family on the ground of being transgender.

  • Health care: The act also seeks to provide rights of health facilities to transgender persons including separate HIV surveillance centres and sex reassignment surgeries.

  • Penal provisions: It criminalises begging, forced or bonded labour, denial of use of public places, denial of residence in the household, village etc, physical, sexual, verbal, emotional and economic abuse.

Status of same sex marriage in India

A five judge constitution bench of the Supreme Court in the Supriyo vs Union of India case refused to accord legal recognition to same sex marriage. The following were the observations made by the apex court.

Issue

Court verdict

Dissenting opinion

Right of transgender people to marry.

  • Unanimously declared that there exists no fundamental right to marry in India.

  • Transgender people have the right to marry under the current framework.


Civil union for queer couples.

  • Court cannot prescribe a choice of civil union to queer couples and government not obligated to recognize such a union

  • Sought recognition of civil unions of queer couples.

  • Right to form intimate associations is part of Article 19.

Interpretation of Special Marriage Act

  • Declined to interpret the legislation in a gender-neutral manner.

  • The gender specific terms in the legislation violated the equality provision.

Adoption rights

  • Upheld the restriction imposed by the CARA on queer couples from adopting.

  • Violative of Article 15 of the constitution. Both married, unmarried and queer couples be given the right to adopt,


Thus, the LGBTQ+ community is facing disadvantages on multiple fronts which requires timely intervention. Though there have been changes in societal and governmental attitude to the community, more rapid progress must be made through effective cooperation between government, NGOs and civil society groups towards the empowerment of the community.

Tags:
Social Justice

Keywords:
SEXUAL MINORITIES lesbian gay bisexual transgender queer intersex asexual sexual orientation gender identity LGBTQ+ Challenges faced by the LGBTQ+ community in India SMILE Support for marginalised individuals for livelihood and enterprise G

Syllabus:
General Studies Paper 2

Topics:
Social Justice