RIGHTS RESERVED FOR THE LGBT COMMUNITY IN INDIA

LGBT is the code word used for the Lesbian ,  Gay , Bisexual , Transgender . Initially they were called the Gay community but it was not sufficient to include the ones who are different from the normal human beings into altogether to the gay community as  it wholly refers to the Homosexual men . So, the abbreviation LGBT was introduced in the mid -1980s. 

The  term Gay refers to the Homosexual men that is men who are  sexually attracted for men only . The term Lesbian refers to the Homosexual women that is the women who are sexually attracted to the same women only . They are not at all attracted to the opposite genders.  

The Bisexual are those who are attracted to both the sexes sexually , romantically and emotionally . They are not attracted by one gender but finds the connection in both the genders.

The Transgender is the umbrella term used to describe those whose gender identity differs from their sex which was assigned to them at the time of their birth.

LGBT faces innumerable difficulties in their day to day life , they are more likely to experience intolerance , discrimination , harassment and threat to violence just because they are homosexual and not heterosexual and due to this constant bullying from the society they are forced to commit suicide , isolate themselves and  hide their identities .

In order to eliminate this inequality certain rights have been provided to the LGBT community in India .

Rights  of  LGBT  Community :-

LGBT community were legally granted voting rights as a third sex in 1994  then also there were so many  problems regarding their legal recognition as the voter card had only two option that is either they have to categorized themselves in the male column or the female column . Then in the judgement of the  Supreme Court of India had directed in the National  Legal Service Authority vs. Union of India AIR 2014 SC 1863 that the Transgender Community must be recognized as the third gender along with the male and female that is along with the male and female column in all the legal , government and private documents such as Voter ID Cards , PAN Cards , Bank documents etc. there should be the third gender column designated as “others” (O) , “third gender” ( TG) , “transgender” (T).

The Transgender Protection of Rights Bill was initially introduced in 2016 and then was reintroduced in 2017 and then due to some ambiguities and criticization  it was amended with 27 amendments in 2018 but lapsed with the dissolution of 16th Lok Sabha then bill was again reintroduced in 2019 and finally was introduced with new amendments on 5 August 2019 in Lok Sabha and by Rajya Sabha on 25 November 2019 and then it was signed by the president Ram Nath Kovind on 5 December 2019 and the Bill became the Transgender Persons ( Protection of Rights ) Act , 2019. 

The rights that are been provided according to the Act are :-

  1. They have the right to choose to be identified as a male , a female or a transgender , it is there personally choice of how they want to be identified in the society.
  2. They have the freedom of speech and expressions and that is easily visible from the scrapping of section 377 that the transgender have the right to choose their sexual orientation that comes under freedom of expression.
  3. Freedom to assemble peacefully and without arms, to form union and associations, and freedom to practice any profession and carry on any trade, occupation and business.
  4. They have Right against Exploitation it prohibits trafficking ,beggar and other similar forms of forced labour.
  5. Right to Religion , they have the right to profess , practice and propagate any form of religion.
  6. They have the Right to Constitutional Remedies that is right to move to the Supreme Court for the enforcement of Fundamental Rights.
  7. They have the Right to Education and educational institution should provide inclusive educational and non educational opportunities to the transgender people so that they can develop themselves and this will lead to equality among the society.
  8. They have the Right to access of any goods , accommodation , service , employment, health care services , to the use of General Public or Customarily available to the public.
  9. They have the Rights to Movement , right to reside , purchase , rent or otherwise occupy any property , the opportunity to stand for or hold public or private office and in government or private establishments.
  10. Establishments for boards at State level , center level and special transgender courts.
  11. Central and State Governments will provide welfare schemes and programs to facilitate and support livelihood for transgenders persons which includes vocational training and self-employment.
  12. A National Council for Transgender ( NCT ) has been set up to provide advice to the central government on policies and legislation related to transgender.
  13. Certain offences like compelling them to beg , denying them access to public place, physical, sexual and verbal assault against Transgenders are criminalized in order to provide them equal right and would extract a penalty of 2 years or a fine would be imposed.
  14. Ban unfair discrimination on education , services , employment and health care services this would provide them equal right in all aspects.
  15. Central and State Government will have to provide health facilities person including:-
  • Separate HIV surveillance centers. 
  • SEX reassignment surgery and hormonal therapy counselling.
  • Review of medical curriculum .
  • A comprehensive insurance scheme.

CONCLUSION:-

Homosexuality is not the mental disease it is same as heterosexuality in order to give transgenders the same position as the other gender have in this society certain special rights have been assigned to the LGBT community . Homosexuals are not aliens , they are not sick , their sexual behavior is perfectly in tune with the dictate of the nature. The Transgender persons ( Protection of Rights ) Act 2019,  almost covers all the right but there are still some ambiguities that need to be worked upon and the act should also include the rights regarding marriage , adoption , inheritance and etc. and this fair and just struggle for the rights of LGBT community, the world will evolve one day and it would illuminate the dark age of reasoning.

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