[1]“There’s still a tremendous Amount of homophobia in our culture. It’s regrettable, it’s stupid, it’s heartless, and it’s immoral, but there it is”
-Rupert Everett
What is sexual minorities?
Sexual minorities are cluster of individuals whose sexual orientation, personal identity or sexual characteristics are totally different from the likely majority of the population that are male or female heterosexuals. Primarily wont to discuss with LGBT or non-heterosexual people, it may discuss with transgender, or bisexual people.
Sexual Orientation
The term sexual minority is discuss with folks whose sexual orientation isn’t heterosexual. This includes those that are sexually interested in one’s own sex folks, as well as gay men suggests that men UN agency are sexually interested in sleep with with men, and lesbians suggests that ladies UN agency are sexually interested in sleep with with ladies, and bisexuals suggests that men and ladies UN agency are sexually interested in sleep with with each men and ladies.
Gender Identity and Sexual Characteristics
Sexual minorities conjointly refers to transgender people or bisexual people suggests that people UN agency are born with or develop anatomical sexual characteristics that are neither usually male nor usually feminine, or UN agency have what seems to be a mix of male and feminine characteristics.
Sexual Minorities in India
Sexual minorities embody those that are homosexuals as well as gay men, lesbians, and conjointly transgender or bisexual people. In India people with sexual minorities have restricted rights and face several social difficulties as compare to the likely majority of the population that are male or feminine heterosexuals. Beneath the legislation passed in 2019, transgender people currently have a constitutional right to register themselves beneath a third-gender. In addition, in some State protection for hijra, a standard third gender population in South Asia, hijras are bisexual people and transgender people. In hijras community choose to decision themselves Kinnar or Kinner, they’re supply with advantages like pension schemes, free operations in government hospitals. There are some 4.8 million transgender people in India.
In 2018, the Supreme court of India decriminalised accordant homosexual intercourse by reading down section 377 of the Indian legal code it makes sexual activities “against the order of nature” embezzled and excluding accordant homosexual sex between adults for its compass. In step with the analysis, homosexuals was ne’er embezzled or a criminal offence in ancient India and ancient codes however was criminalised by British throughout their decree India.
Sexual Minorities Commission
The Sexual minorities Commission has undertaken variety of major comes to spot and build community awareness round the human rights problems been-faced by lesbian, gay, bisexual, transgender and bisexual folks. However there’s no dedicated commissioner for sexual orientation, personal identity and bisexual problems within the Commissions legislation, nor Commonwealth Ministers or government agencies that take primary responsibility for advancing problems that arise for lesbian, gay, bisexual, transgender and bisexual people. Equality and freedom from discrimination are elementary human rights that belong to all or any folks, regardless of sexual orientation, personal identity or as a result of they’re bisexual. But lesbian, gay, bisexual, transgender and bisexual people they are doing through discrimination, harassment, bullying in several areas of their way of life and even on social media like trending now-a-days by commenting dangerous and shameful comments on their pictures, videos and even they misuse their pictures and videos and edit it terribly badly.
Sexual Minorities and Human Commission
Persecution and discrimination based on sexual orientation or gender identity are widespread around the world. Almost one hundred countries still legally prohibit sexual relations between persons of the same sex. In a developed country like America where acceptance of sexual minorities has not yet taken place fully/perfectly. Some individuals with sexual orientation or gender identity are tortured and our otherwise ill-treated in police custody, they face many types of violence in the community or by even their own family because they are different from the presumed majority of the population which are male or female heterosexuals.
Naz Foundation v. Government of NCT of New Delhi and Others
Date of the Ruling: July 2, 2009
Forum: High Court of Delhi
Type of Forum: Domestic
Background of the Case: The Naz Foundation India, a non-governmental organization committed to HIV/AIDS intervention and prevention, filed a public interest litigation in the Delhi High Court challenging the constitutionality of Section 377 of the India Penal Code, which makes it illegal to engage in any “unnatural” sexual act, defined as sex other than heterosexual intercourse. The Delhi High Court dismissed the original writ of petition in 2004 for lack of a cause of action. However, on civil appeal the Supreme Court of India set aside the dismissal and ordered the Delhi High Court to hear the petition on the merits. The petitioner argued that Section 377 encouraged discriminatory attitudes, abuse, and harassment of the gay community, and significantly impaired HIV/AIDS prevention efforts and access to [2]treatment. The National AIDS Control Organization under the Ministry of Health supported the petitioners in their response.
Held: First, the Court found it violated the right to dignity and privacy by citing the Universal Declaration of Human Rights and European Court of Human Rights as well as the case of Francis Coralie Mullin in which the Indian Constitution Court defined dignity as requiring adequate shelter, nutrition, clothing as well as the ability to freely socialize.
Next, the Court held that under Article 12 of the ICESCR and Article 21 of the Indian Constitution, the state must fulfil everyone’s right to access the highest attainable standard of health as part of the right to life. The Court agreed that criminalization of homosexual conduct pushes homosexuals into isolation and impedes access to adequate information for prevention of HIV/AIDS.
After engaging in an analysis of the purpose of the law and the interests of state as weighed against the rights of the petitioners, the Court found no legitimate state interest in upholding the statue and found the classification of homosexuals to be in violation of the Constitution. Further, in light of the evolution of domestic and international law regarding privacy, dignity, and the right to health as well as changing social attitudes and understandings of sexual orientation, the Court found Section 377 to be an unconstitutional infringement on fundamental rights.
Implication of the Judgement for sexual minorities
The judgment is a cause of great jubilation for the hitherto oppressed sexual minorities. It forms a source of deliverance on two different planes: it decriminalises sexual relations between homosexuals and simultaneously serves as a source of protection from maltreatment. It also ensures protection of the sexual minorities from various medical afflictions by bringing their condition in the conscience of the authorities. In decriminalising consensual sex between homosexuals and transgender, the judgment also addresses the proximate concern of health, one of the barriers in tackling the proliferation of sexually-transmitted diseases in homosexuals was the criminalisation of homosexual activity which made any progression towards sexual education of the sexual minorities a latent violation of the law. Section 377, after the ruling of the court, can no longer be an implement of abuse at the disposal of the law enforcement agencies.
Conclusion
So, by this I would like to conclude that it starts with you, if not you than who? It’s not about our community or country nor our own family it start with us our own self. We also talk about our community, our society don’t accept. Firstly we as an individual should accept it than think about our society.
“A little Progress Each day adds up to a Big Result”
–Selma Keneth Alphanso
en.wikipedia.org
[2] Article “ gay and transgender rights in India”
