Enforcement of LGBTQ Law in India

BY-

Anubhab Bora

Prachi Yash

Rinpari Renthlei

Shailja Sundaram

Shubham Kumar Bharti

Unnati Rai

Vanshika Parasrampuria
Contents
1. WHAT IS LGBTQ? ................................................................................................................................... 2
LGBTQ+ is an initialism that means: .................................................................................................. 2
2. PROBLEMS FACED BY LGBTQ PEOPLE ................................................................................................... 3
3. ABOUT THE LAW ................................................................................................................................... 7
How it came to be enforced by the government...................................................................................... 8
4. LGBT RIGHTS OVER VARIOUS COUNTRIES ............................................................................................ 9
27 Countries where same-sex marriage is officially legal ........................................................................... 11
5. WILL END OF SECTION 377 CHANGE THE INDIAN SOCIETY? .............................................................. 14
6. ACCEPTANCE OF THE PEOPLE ............................................................................................................. 15
ORGANIZATIONS ..................................................................................................................................... 16
7. ROLE OF THE PEOPLE .......................................................................................................................... 17
8. SOLUTION............................................................................................................................................ 18
REFERENCES ................................................................................................................................................ 19
 1. WHAT IS LGBTQ?

LGBTQ+ is an initialism that means:

L G B T Q

Lesbian Gay Bisexual Transgender Queer or

Questioning

LGBT, or GLBT, is an initialism that stands for lesbian, gay, bisexual, and transgender.In use since the
1990s, the term is an adaptation of the initialism LGB, which was used to replace the term gay in
reference to the LGBT community beginning in the mid-to-late 1980s. . Activists believed that the
term gay community did not accurately represent all those to whom it referred.

The initialism LGBT is intended to emphasize a diversity of sexuality and gender identity-based
culturesIt may be used to refer to anyone who is non-heterosexual or non-cisgender, instead of
exclusively to people who are lesbian, gay, bisexual, or transgender.

To recognize this inclusion, a popular variant adds the letter Q for those who identify as queer or
are questioning their sexual identity.

Figure 1 A six-band rainbow flag representing LGBT

“LGBTQ" has been recorded since 1996. Those who add intersex people to LGBT groups or
organizing use an extended initialism LGBTI. The two acronyms are sometimes combined to form
the terms LGBTIQ or LGBT+ to encompass spectrums of sexuality and gender. Other, less common
variants also exist, motivated by a desire for inclusivity, including those over twice as long which
have prompted criticism.
 2. PROBLEMS FACED BY LGBTQ PEOPLE

Lesbian, gay, bisexual, transgender (LGBTQ) people face tremendous difficulties growing up in a
society where heterosexuality is often presented as the only acceptable orientation and
homosexuality is regarded as deviant. They continue to face discrimination and exclusion across the
world in all spheres of life. Homophobic violence and abuse targeting LGBTQ people occur on a
regular basis. In most EU Member States, same-sex couples do not enjoy the same rights and
protections as opposite sex couples, and consequently suffer from discrimination and disadvantage
in access to social protection schemes, such as health care and pensions. In the labour market, a
majority of LGBTQ people continue to hide their sexual orientation or to endure harassment out of
fear of losing their job. Particularly vulnerable are young LGBTQ people who experience
estrangement from family and friendship networks, harassment at school and invisibility, which
can lead in some cases to underachievement at school, school drop-out, mental ill-health and
homelessness. This discrimination not only denies LGBTQ people equal access to key social goods,
such as employment, health care, education and housing, but it also marginalizes them in society
and makes them one of the vulnerable groups who are at risk of becoming socially excluded. Some
major problems faced by LGBTQ people across the world:

1.Marginalization and Social Exclusion: Marginalization is at the core of exclusion from fulfilling
and full social lives at individual, interpersonal and societal levels. People who are marginalized
have relatively little control over their lives and the resources available to them; they may become
stigmatized and are often at the receiving end of negative public attitudes. Their opportunities to
make social contributions may be limited and they may develop low self-confidence and self esteem
and may become isolated. Social policies and practices may mean they have relatively limited
access to valued social resources such as education and health services, housing, income, leisure
activities and work. The impacts of marginalization, in terms of social exclusion, are similar,
whatever the origins and processes of marginalization, irrespective of whether these are to be
located in social attitudes (such as towards impairment, sexuality, ethnicity and so on) or social
circumstance (such as closure of workplaces, absence of affordable housing and so on). LGBTQ
individuals may experience multiple forms of marginalization-such as racism, sexism, poverty or
other factors – alongside homophobia or transphobia that negatively impact on mental health. The
stigma attached to sexual orientation and gender identity or expression that fall outside the
expected heterosexual, non-transgender norm relegates many LGBTQ people to the margins of
society.
Impact of Exclusion and Discrimination:
The exclusion and discrimination have major impacts on the lives of lesbian, gay and transgender
persons. This has resulted in the following:
* Dropping out of school earlier
* Leaving Home and Family
* Unable to find regular jobs, have less options than others. * Being ignored in the community and
isolated
* Unable to access various services and Unaware of what they are entitled to *Mobility, Move to
other areas, (such as the city and urban areas)
* Lack of family and social support
* Migrate to other countries for seeking safer livelihood and acceptance
* Rejected from Religion (Esp. Muslim and some Christian Fundamentalist sects) * Attempt suicide
* Decide to follow their parents to marry opposite sex and then divorce.
2.Impact of Family Reactions on LGBTQ Children: Conflict and Rejection
In the past, very few adolescents ―came out‖ to their families or told others they were gay. Most
lesbians, gay men, and bisexuals (LGB) waited until they were adults to talk about their LGB
identity with others. Fear of rejection and serious negative reactions kept many LGB adults from
openly sharing their lives. Until the 1990s, there were limited resources for LGBT youth. Gay and
transgender adolescents had few sources of information to learn about their identity or to find
support. More recently, the Internet, school diversity clubs, and LGBT youth groups have helped gay
and transgender youth find accurate information, guidance, and support. With greater access to
resources, more LGBTQ youth are coming out (sharing their gay or transgender identity with
friends, family, and other adults) during adolescence. Until recently, little was known about how
families react when an LGBTQ young person comes out during adolescence. And even less was
known about how family reactions affect an LGBT adolescent‘s health and mental health. Families
and caregivers have a major impact on their LGBTQ children‘s risk and well-being New research
from Family Acceptance Project (FAP) 6 shows it. FAP researchers identified more than 100
behaviors that families and caregivers use to react to their LGBT children‘s identity. About half of
these behaviors are accepting and half are rejecting. FAP researchers measured each of these
behaviors to show how family reactions affect an LGBTQ young person‘s risk and well-being. FAP
researchers found that families who are conflicted about their children‘s LGBTQ identity believe
that the best way to help their children survive and thrive in the world is to help them fit in with
their heterosexual peers. So when these families block access to their child‘s gay friends or LGBT
resources, they are acting out of care and concern. They believe their actions will help their gay or
transgender child have a good life. But adolescents who feel like their parents want to change who
they are think their parents don‘t love them or even hate them. Lack of communication and
misunderstanding between parents and their LGBT children increases family conflict LGBT teens
who are highly rejected by their parents and caregivers are at very high risk for health and mental
health problems when they become young adults. They have poorer health than LGBT young people
who are not rejected by their families. They have more problems with drug use. They feel more
hopeless and are much less likely to protect themselves from HIV or sexually transmitted diseases
(STDs). And this behavior puts them at higher risk for HIV and AIDS. rejected by their parents and
caregivers because of their gay or transgender identity, highly rejected LGBT young people were:
• More than 8 times as likely to have attempted suicide;
• Nearly 6 times as likely to report high levels of depression;
• More than 3 times as likely to use illegal drugs; and
• More than 3 times as likely to be at high risk for HIV and STDs. Many LGBT youth and those who
question their identity feel like they have to hide who they are to avoid being rejected. Many hide so
that they won‘t hurt their parents and other family members who believe that being gay is wrong or
sinful. But hiding has a cost. It undermines an LGBT adolescent‘s self-esteem and sense of self-
worth.

3.Problems of Homelessness: The myriad problems facing LGBTQ people who are homeless
include a lack of housing and services that meet their specific needs. For example: An estimated 40-
50% of the homeless youth living on New York City‘s streets identify as LGBTQ. They are living
there because they were thrown out of their homes for being queer, or ran away to escape an
abusive situation. Family housing in the shelter system across the country is not available for
homeless same-sex couples. Transgender people are not allowed to choose with people is rampant
in the shelter system. Most domestic violence shelters do not accept gay men or transgender
people. There has been also a lack of any comprehensive plan for long-term housing for people with
AIDS . Homeless LGBTQ youth are without economic support, often engage in drug use and risky
sexual behaviors, and often develop mental health disorders. Homeless LGBTQ youth miss out on
education and social support during critical formative years—more than half of homeless LGBT
youth report experiencing discrimination from peers.

4.Harassment of LGBT Students in Schools: LGBTQ students face harassment in schools. Being a
teenager is tough enough without fearing harassment in a place where you‘re supposed to feel safe.
All over the country lesbian, gay, bisexual and transgender (LGBT) students get harassed every day
in school. Students who may be even just perceived as 9 being LGBTQ also get harassed. According
to Sara Kost , Studies done by the Gay, Lesbian, and Straight Education Network (GLSEN) report
that nearly 9 out of 10 LGBT students face harassment. The 2007 National School Climate Survey
found not only that LGBT students were harassed, but that 31.7% of LGBT students missed a class
and 32.7% missed a day of school in the past month because of feeling unsafe. If students don‘t go
to class, they can‘t learn and their grades begin to reflect it.
5.Psychological Distress: LGBT people face considerable levels of stigmatization, discrimination
and harassment in their daily lives. The majorities of LGBT people learn to cope with this,
particularly when they have the support of family and friends, and participate with LGBT
organizations and social networks. However, a significant number of LGBT people, most
particularly younger LGBT people, had to cope with stigmatization, discrimination and harassment
without support. Many also faced additional stress from experiences such as very high levels of
homophobic bullying in schools and physical and verbal attacks. This had a negative impact on their
mental health, leading to significant levels of psychological distress, self-harm and suicidality. LGBT
teenagers can be particularly isolated, given that many will be exploring their sexual orientation or
gender identity without any support. At this time of negotiating their journey to adulthood, a
critical period of social and emotional development, they can be particularly vulnerable. It is often
more difficult for LGBT people to be out inrural areas
Experiences that could negatively impact mental health:
*Hostility from or rejection by loved ones or religious groups
*Bullying at school, harassment by neighbors, danger of violence in public places
*Casual homophobic comments on everyday basis
*Prejudice/embarrassed response from professionals
*No protection against discrimination at work, housing, pensions, etc.
*Childhood sexual abuse
*Verbal harassment, greater fear of physical violence and discrimination.

6. Drug Addiction of LGBT people: LGBT people are more likely to use alcohol, tobacco and other
drugs than the general population, are less likely to abstain, report higher rates of substance abuse
problems, and are more likely to continue heavy drinking into later life. LGBT‘s use alcohol, tobacco
and other drugs for the same reasons as others, but their likelihood for doing so is heightened by
personal and cultural stresses resulting from . Possibly due to rejection from both in a large scale
Irish study report that young anti-gay bias. Reliance on bars for socialization, stress caused by
discrimination, and targeted advertising by tobacco and alcohol businesses in gay and lesbian
publications are all believed to contribute to increased pressures on LGBT individuals to engage in
substance abuse. Internalized homophobia is a form of self- limiting, self-loathing— an important
concept to understand in developing substance abuse services for this population. Anti-gay bias
also results in frequent hate crimes aimed at LGBT youths, adding further to the stress of
homophobia and heterosexism (an assumption that heterosexuality is the preferred norm for
everyone.)*Sense of self as worthless or bad.
*Lack of connectedness to supportive adults and peers.
*Lack of alternative ways to view ―differentness
*Lack of access to role models.
*Lack of opportunities to socialize with other gays/lesbians except bars. *The risk of contracting
HIV.

7.Victims of hate Crimes and Violence: Lesbian, Gay, Bisexual and Transgender people and those
perceived to be LGBT are regularly targeted as victims of hate crimes and violence. LGBT people
experience stigma and discrimination across their life spans, and are targets of sexual and physical
assault, harassment and hate crimes. Additional factors that may impact on mental health and well-
being for LGBT people include the process of ―coming out‖ (sharing one‘s LGBTQ identity with
others), gender transition, internalized oppression, isolation and alienation, loss of family or social
support, and the impact of HIV and AIDS. However, LGBTQ individuals‘ experiences of violence and
discrimination differ depending on a number of factors including race, gender, income, immigration
status and language barriers. LGBTQ immigrants are more likely to face violence based on race and
ethnicity and/or sexual identity and/or gender identity.

8.Legal Injustice : LGBTQ communities have an important stake in legal injustice issues. Specific
groups within the LGBTQ community are disproportionately affected by violence and
discrimination, sometimes at the hands of law enforcement officials. In recent years, there have
been many documented instances of police brutality directed towards LGBT people in the U.S. Many
police departments continue to be accused of insensitivity, including not appropriately responding
to violence directed at LGBT people people of color, youth, and sex workers are particularly
vulnerable to police misconduct and abuse; transgender people are also at greater risk of being
targeted by police and treated inappropriately or abusively while in police custody. LGBT people of
color, transgender people and LGBT homeless youth are disproportionately targeted by police
officers for non-violent drug arrests; they are more likely than most white, heterosexual
middleclass drug users to face drug possession charges; and they often receive harsher sentencing.
Once imprisoned, LGBT people are frequently targeted for additional harassment in an already
inhumane prison system. In many instances LGBT individuals are not legally protected from
abusive and discriminatory actions, as many oppressive legal ordinances and laws restrict LGBT-
identified individuals from sharing the same basic human rights and privileges as those who do not
identify as LGBT.
 3. ABOUT THE LAW
Section 377 of the Indian Penal Code is a section of the Indian Penal Code introduced in 1864
during the British rule of India. Modelled on the Buggery Act of 1533, it makes sexual activities
"against the order of nature" illegal. On 6 September 2018, the Supreme Court of India ruled that
the application of Section 377 to consensual homosexual sex between adults was unconstitutional,
"irrational, indefensible and manifestly arbitrary", but that Section 377 remains in force relating to
sex with minors, non-consensual sexual acts, and bestiality.
Portions of the section were first struck down as unconstitutional with respect to gay sex by the
Delhi High Court in July 2009. That judgement was overturned by the Supreme Court of India (SC)
on 11 December 2013 in Suresh Kumar Koushal vs. Naz Foundation. The Court held that amending
or repealing section 377 should be a matter left to Parliament, not the judiciary. On 6 February
2016, a three-member bench of the Court reviewed curative petitions submitted by the Naz
Foundation and others, and decided that they would be reviewed by a five-member constitutional
bench.
On 24 August 2017, the Supreme Court upheld the right to privacy as a fundamental right under the
Constitution in the landmark Puttuswamy judgement. The Court also called for equality and
condemned discrimination, stated that the protection of sexual orientation lies at the core of the
fundamental rights and that the rights of the LGBT population are real and founded on
constitutional doctrine. This judgement was believed to imply the unconstitutionality of section
377.
In January 2018, the Supreme Court agreed to hear a petition to revisit the 2013 Naz
Foundation judgment. On 6 September 2018, the Court ruled unanimously in Navte Singh Johar v.
Union of India that Section 377 was unconstitutional "in so far as it criminalises consensual sexual
conduct between adults of the same sex".

377. Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature
with any man, woman or animal shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence
described in this section.
Laws that affect LGBT people include the following:

 laws concerning the recognition of same-sex relationships, including same-sex

marriage, civil unions, and domestic partnerships.
 laws concerning LGBT parenting, including adoption by LGBT people.
 anti-discrimination laws in employment, housing, education, public accommodations.
 laws related to sexual orientation and military service.
 laws concerning access to assisted reproductive technology.
 laws regarding donation of blood by men who have sex with men.
 laws concerning access to sex reassignment surgery and hormone replacement therapy.
How it came to be enforced by the government
In recent years, awareness has grown of the scope and scale of violence and discrimination directed
at lesbian, gay, bi, trans (LGBTQ) and intersex people around the world – including killings, torture,
arbitrary detention and widespread discrimination in access to health care, education, employment
and housing. Increasingly, Governments are taking action – whether in the form of legislation and
policy measures or through targeted social and education programmes. At the United Nations
Human Rights Council, more than one hundred countries from all regions around the world have
voluntarily committed to take measures to end violence and discrimination linked to sexual
orientation and gender identity.

 A handful of States legally recognize the gender identity of trans adults and children on the
basis of self-identification through a simple administrative process without abusive
requirements; one State guarantees the right to access gender affirming treatment, and a
small number recognize non-binary gender identities.
 A few States have taken steps to curb abuse of LGBTQ and intersex children and adults in
medical settings, including so-called “conversion” therapies and forced sterilization and
treatment of transgender people, and have removed medical classifications that pathologize
trans people.
 Courts have upheld the rights of LGBTQ and intersex organizations to officially register and
to hold public events and peaceful assemblies, and have awarded compensation to LGBT
and intersex people for violations of their rights.
Government has a proud record in advancing equality for LGBTQ people. From changing the law to
allow same-sex couples to marry to introducing the world’s first transgender action plan in 2011,
we have been at the forefront of change.

1. In July 2017, the Government launched a national survey of LGBTQ people. The survey was
open to anyone who identified as having a minority sexual orientation, gender identity or
had variations in sex characteristics.
2. It will ensure that LGBTQ people’s needs are at the heart of the National Health Service.
3. It will act so that every child and young person feels safe in education, and can achieve their
potential.
 4. LGBT RIGHTS OVER VARIOUS COUNTRIES
NETHERLANDS
Lesbian, gay, bisexual, transgender (LGBT) rights in the Netherlands have been some of the most
progressive in the world. Same-sex sexual activity was legalized in 1811 after France invaded the
country and installed the Napoleonic Code. During the late 20th century, awareness surrounding
homosexuality grew and society became more tolerant of homosexuals, eventually leading to its
declassification as a mental illness in 1973 and a ban on discrimination based on sexual orientation
in the military. The Equal Treatment Act 1994 bans discrimination on sexual orientation on the
grounds of employment, housing, public accommodations, and other areas. This was extended in
2019 to include discrimination based on gender identity, gender expression and sex
characteristics. After the country began granting same-sex couples domestic partnerships benefits
in 1998, the Netherlands became the first country in the world to legalize same-sex
marriage in 2001. Same-sex joint and stepchild adoption are also permitted. Lesbian couples can
get access to IVF(In vitro fertilisation) as well.

The Netherlands has become one of the most culturally liberal countries in the world, with recent
polls indicating that more than 90% of Dutch people support same-sex marriage. Amsterdam has
frequently been named one of the most LGBT-friendly cities in the world, famous for its many
accommodations specifically pertaining to the LGBT community, including its many
gay bars, bathhouses, hotels, and venues as well as Pink Point, which provides LGBT-friendly
information and souvenirs, and the national Homomonument, which was completed in 1987 and
was the first monument in the world to commemorate homosexuals who were persecuted and
killed during World War II.
AUSTRALIA
Australia legalised same-sex marriage on 9 December 2017. States and territories began
granting domestic partnership benefits and relationship recognition to same-sex couples from 2003
onwards, with federal law recognising same-sex couples since 2009 as de facto relationships.
Joint and stepchild same-sex adoption is legal nationwide, with the Northern Territory the last
jurisdiction to pass an adoption equality law in March 2018. Discrimination on the basis of sexual
orientation and gender identity or expression is prohibited in every state and territory, with
concurrent federal protections for sexual orientation, gender identity and intersex status since 1
August 2013.
However, intersex rights in Australia are not fully protected, with many intersex Australians facing
coercive medical interventions in childhood.
Australia is recognised as one of the most gay-friendly countries in the world, with opinion polls
and the Australian Marriage Law Postal Survey indicating widespread popular support for same-
sex marriage. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality
should be accepted by society, making it the fifth-most supportive country surveyed in the world.
With its long history of LGBT activism and annual Gay and Lesbian Mardi Gras festival, Sydney has
been named one of the most gay-friendly cities in Australia, and the world as a whole.

INDIA
Lesbian, gay, bisexual and transgender (LGBT) people in India face legal and social difficulties not
experienced by non-LGBT persons. Over the past decade, LGBT people have gained more and more
tolerance in India, especially in large cities. Nonetheless, most LGBT people in India remain
closeted, fearing discrimination from their families, who might see homosexuality as
shameful. Reports of honour killings, attacks, torture, and beatings of members of the LGBT
community are not uncommon in India. Discrimination is particularly present in rural areas, where
LGBT people often face rejection from their families and forced opposite-sex marriages.
Sexual activity between people of the same gender is legal but same-sex couples cannot legally
marry or obtain civil partnerships. On 6 September 2018, the Supreme Court of
India decriminalised homosexuality by declaring Section 377 of the Indian Penal
Code unconstitutional.
Section 377 of the Indian Penal Code is a section of the Indian Penal Code introduced in 1864
during the British rule of India. Modelled on the Buggery Act of 1533, it makes sexual activities
"against the order of nature" illegal. On 6 September 2018, the Supreme Court of India ruled that
the application of Section 377 to consensual homosexual sex between adults was unconstitutional,
"irrational, indefensible and manifestly arbitrary", but that Section 377 remains in force relating to
sex with minors, non-consensual sexual acts, and bestiality.

27 Countries where same-sex marriage is officially legal

 2000: The Netherlands

 2003: Belgium

 2005: Canada

 2005: Spain

 2006: South Africa

 2008: Norway

 2009: Sweden

 2010: Argentina
 2010: Portugal

 2010: Iceland

 2012: Denmark

 2013: Uruguay

 2013: Brazil

 2013: New Zealand

 2013: England, Wales

 2013: France

 2014: Luxembourg

 2014: Scotland

 2015: United States

 2015: Ireland

 2015: Finland

 2015: Greenland

 2016: Colombia

 2017: Malta

 2017: Australia

 2017: Germany

 2018: India
By contrast, as at 5 April 2019, 14 countries or jurisdictions, all of which are Islamic and ruled
by sharia, impose the death penalty for homosexuality. These include Afghanistan, Brunei, Iran,
Mauritania, Pakistan, Qatar, Saudi Arabia, Sudan, Yemen, the United Arab Emirates, parts of Nigeria,
parts of Somalia, parts of Syria and parts of Iraq.
 5. WILL END OF SECTION 377 CHANGE THE INDIAN SOCIETY?
Section 377’s end today marks a historic change for all of us as Indians — gay, lesbian, transgender,
asexual, even straight or otherwise. This is because we have now become a liberal country where
loving someone is not a crime. But does this mean that we have overnight become a liberal society?
Does decriminalisation of Section 377 mean that Indian society has become accepting of the LGBTQ
community? The battle against bigoted mindset is just half won today. While we may now be a
more liberal country with this historic decision, numerous Indians are still far from accepting
LGBTQ community as “normal”. Those who are out and proud breathe a sigh of relief today, for not
being bound by Section 377. But what about the closet LGBTQ population in our society, which is
still in shackles of our conservative mentality?
So many people cannot live the life they want to and love the person they want to despite
decriminalisation of Section 377
Their closet life and struggle with dual identities doesn’t just stem from legal consequences of their
sexuality. It stems from the social stigma around it. It stems from branding of an entire spectrum of
sexuality as unacceptable, deviant and “unnatural” among their families, friends and peers. They
stand at risk of losing their reputation, loved ones and social standing for being what they are. And
decriminalisation of Section 377 does very little to solve their problem.
SOME TAKEAWAYS-
• The Supreme Court of India gave a landmark verdict today, decriminalising Section 377.
• But while we may now be a liberal country, we are far from being an accepting society.
• Today’s verdict should prompt us to be better allies to the LGBTQIA+ community.
• We should try to generate conversation on acceptance of spectrum of sexuality in our
homes, and challenge the mindset which marginalizes this community.

Even the members of LGBTQIA+ community who are out and proud aren’t immune to hostility and
discrimination. They have it even worse. They are constantly shamed and humiliated for their
sexuality. So the law may be gone, but the deep roots from which this law stemmed still remain
underground, deep in people’s collective mindset. Does this mean that scrapping Section 377
doesn’t change anything? What does it mean for us as a society? What can we take from this
decision that will help us mould a better, accepting and liberal social infrastructure? It could start
by sparking a conversation.
Today’s verdict should work as a stimulant for a long overdue discussion on the spectrum of
sexuality in Indian sitting rooms
Section 377 was the shield behind which many people took refuge for their mindset. “It is wrong
because our law says so”. The scrapping of Section 377 should prompt them to put some serious
thought to their stand. If some people are having a hard time coming to terms with the Supreme
Court’s judgment, if they feel threatened that our culture stands at risk of losing its sanskari sheen,
then the hearts of such people are LGBTQ community’s next battleground. Changing the
homophobic mindset of our society is what will make us a truely progressive society. This is not an
easy task. But LGBTQ community has won one battle today and it will win this one too eventually.
As the number of those who empathise and support LGBTQ cause increases every day, the stakes
are slowly leaning in their favour. For today, do celebrate their victory, but also pledge to be better
allies to this community which is not just abused, but assaulted, shamed and even put through
humiliating “treatments” for not being what many define as “normal”. We need to stand tall with
each other and sensitise people that LGBTQ is fine and “normal” and even glorious. It is those who
cannot accept others and cannot find any empathy in their hearts, who need a cure.
 6. ACCEPTANCE OF THE PEOPLE

Public Opinion

Public opinion regarding LGBT rights in India is complex. According to a 2016 poll by the
International Lesbian, Gay, Bisexual, Trans and Intersex Association, 35% of Indian people were in
favor of legalising same-sex marriage, with a further 35% opposed. A survey by the Varkey
Foundation found that support for same-sex marriage was higher among 18-21 year olds at 53%.

According to a 2017 poll carried out by ILGA, 58% of Indians agreed that gay, lesbian and bisexual
people should enjoy the same rights as straight people, while 30% disagreed. Additionally, 59%
agreed that they should be protected from workplace discrimination. 39% of Indians, however, said
that people who are in same-sex relationships should be charged as criminals, while a plurality of
44% disagreed. As for transgender people, 66% agreed that they should have the same rights, 62%
believed they should be protected from employment discrimination and 60% believed they should
be allowed to change their legal gender.

Being a part of the LGBTQ community is often seen as “immoral lifestyle” by public. Academics such
as Ruth Vanita and Hoshang Merchant have rightly used the term “India’s shame culture”. If one’s
sexuality is made public it not only brings “shame” to the individual but also to their family and
larger society.

“Disease”, “dangerous,” “curable” such are what key public figures in India think of homosexuality.

They are seen as a criminal and no freedom in choosing whothey can love.

There are some who experience humiliation at the workplace for revealing their sexual
identity. One victim, after his colleagues got to know about his identity, they began making fun of
him. A complaint to the hotel manager did not help, as he could only tell them not to mock him and
nothing more. Eventually, he was unable to resist the mockery and suffering at the workplace and
quit.

But, India in 2011 already started having public queer parties being advertised, movies with
progressive queer characters, television news programmes with queer content. The act of unseeing
the queer culture in the city had been victoried.

After Enforcement

Subramanian Swamy disagreed to the removal of Section377 saying, “As long as they don't
celebrate it, don't flaunt it, don't create gay bars to select partners it's not a problem. In their
privacy what they do, nobody can invade but if you flaunt it, it has to be punished & therefore there
has to be Section377 of the IPC.” This is one of the many disagreements which actually makes sense
as many of the homosexuals don’t care of the public eye even though they aspire to be publicly
accepted.
Family

Parents are now open to their children coming out and supporting them even till the rallies.

Families are told that being homosexual is no more a criminality. But they keep raising the issues of
morality, Indian culture and family prestige.

Employment
Some multinational companies have expressed their willingness to recruit members of LGBT
community
“Fear of employing sexual minorities has disappeared at least at the corporate level. Companies,
however, need to set up an employment support group to ensure sexual minorities are treated
respectfully a lot of it depends on the company’s culture.

Even the firms that were promoting diversity and inclusive space within the organisation were
sceptical about hiring LGBT people in the past. Often, their legal teams would put a barrier to the
hiring process suggesting that homosexuality is a criminal offence. And then the companies would
hesitate to hire

Take for instance, Sukanth Rallapati, an IT consultant working for a multinational company in
Bengaluru. Being a homosexual and talking openly about it wasn’t an issue for Rallapati. “Some
companies are really open about it. When the management takes a stand on the issue, it percolates
down to employees.

ORGANIZATIONS
There are many organizations in many cities of India, such as Humsafar(Mumbai), Alternative Law
Forum (Bangalore), Sangama (Karnataka), Chennai Dost and Nazariya (Delhi NCR) are working for
LGBT rights. There are also organisations which function nationwide like Human Rights India and
Gaysi. Many of these organizations operate in a very informal way and locally funded. In Kerala,
organization named Queerla given a new face to LGBT rights. Apart from Non governmental
organization's and Community based organisation's LGBTQIA+ student movements which are
registered under the government of India are Srishti Madurai a student volunteer LGBTQIA
and Genderqueer movement based at Madurai. In June 2016, a platform named [Amour |
amour.lgbtq.co.in] is launched in India to help LGBTIQ community members find long term
companions.
 7. ROLE OF THE PEOPLE
Being enforced and its lawfully accepted but none of this is to say that there won’t be more battles
to fight, in fact, they have finally entered their actual battlefield. It struck down the regressive
colonial era ban on homosexuality. It was seen as a huge boost to the community’s fight for
equality. LGBTQ+ activists in India still have a long road ahead to achieve full liberation for their
people. The people’s fierce support has brought things this far and hopefully a decision in the
community’s favour will only allow more and more people to join in this fight.

The Community Demands:

“The most important demand is for a decision to include LGBTQ welfare under the social welfare
department. Currently, the Women and Child Welfare Department handles issues related to the
transgender community. Ideally, the entire community should be brought under the social welfare
department. We will soon meet the government authorities about this. We also want a survey of
sexual minorities,”

The top police official of the state should issue an order to all police stations stating that no case
should be filed against LGBTQ persons and they should be respected in the light of the judgement.

Rumi Harish, who has seen several workshops held for police officials, pointed out that training
programmes held in the past were only for higher officials. “Practically, lower rung police, including
constables, should be trained in the police academy itself,” he suggested

Several months since, still there is no visible change yet in the way the government machinery and
the society at large look at sexual minorities in diverse.
“It’s not going to change much at a personal, professional, or social front because on those levels,
individual mindset has to change. People changed their minds about women only after the
government allowed equal rights to women. Any political or legal change doesn’t really change the
mentality of people.” -Divya Roop, androgynous homosexual.

“This is a symbolic judgement and we have a long road ahead. As a society, we need to reflect and
bring about attitudinal change. It’s important to understand what the judgement says. That two
consenting adults can make personal choices irrespective of gender, caste, (and) religion. They
must be allowed that choice.”- Hansal Mehta, director of 2016 Bollywood film Aligarh

“The big takeaway here is that court is really saying two things: One, we are a constitutional
democracy and there will always be difference of opinion but the constitution expects you to
respect each other. Second, in India, you have the ability to make different choices, have different
opinions and dissent. The decisions today laying a foundation for the citizenship.”- Menaka
Guruswamy, lawyer who represented a group of IIT students who sought the repeal of section 377,
in an interview with Republic TV.Few months before the judgement, a lesbian couple jumped to
their death. In notes left behind, they are reported to have written: “We have left this world to live
with each other. The world did not allow us to stay together.” Today’s judgment makes it possible
that people may no longer see fear in the future, but hope.
 8. SOLUTION

LGBTQ as a community are still struggling to seek acceptance outside the courtroom. They want the
people to wake up with open mindedness with this being a part of the millennial era.

They won’t stop being who they are even if they are not accepted. But, we, as a public should have
an understanding and treat them normally as we treat others that’s all they want- to be heard and
given attention and not discrimination as the world is a very sensitive world now. Everyone should
have the right to be accepted as who they choose to be.

Not counting them as criminals for loving someone they want to.

In the future to create a more open minded society, education within the Indian schooling system
should be implemented. As gay rights would need to be legal for this to take place, once it is legal it
will be allowed for the next generation to be raised in an environment where they would not be
punished for their sexualities. I think this would be effective as in the future it would slowly
diminish the stigma surrounding gay rights.

Also another big problem for homosexuals, (specifically women) is marriage. They’re all forced to
be married to the opposite sex despite of their sexual orientation, this doesn’t allow them express
themselves and identities. This is a tough tradition to change, as arranged marriage are of cultural
significance in the Indian communities, but by implementing new laws and providing a better
education system, in the long term the quality of life for many people could increase.

It deeply affects their mental health an after all we are all Human Beings having some kind of
natural needs. Every person has their own needs and wants which comes naturally and in this era
of the world they should be more than free to choose and live a life they want. But this doesn’t mean
that one can live with considering the livelihood of others.

It’s not right either for the LGBTQ community to be immensely demanding, accepted and over-
sensitive. Everything has a limit.

With great awareness, understanding and being considerate, each person should live their life as
this is the kind of world, we are living in.
REFERENCES
 https://en.wikipedia.org/wiki/LGBT

 https://www.independent.co.uk/voices/india-gay-childhood-lgbt-illegal-homosexual-laws-
section-377-a8469781.html
 //economictimes.indiatimes.com/articleshow/67377077.cms?utm_source=contentofintere
st&utm_medium=text&utm_campaign=cppst
 https://qz.com/india/1380806/indias-lgbtq-community-patrons-react-to-section-377-
verdict/
 https://qz.com/india/1380027/section-377-what-ramdev-adityanath-zakir-naik-think-of-
gays/