Open Access Research Article
UNDER THE RAINBOW: NAVIGATING THE SOCIO-LEGAL LANDSCAPE OF LGBTQ+ COMMUNITY
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Article Details
UNDER
THE RAINBOW: NAVIGATING THE SOCIO-LEGAL LANDSCAPE OF LGBTQ+ COMMUNITY
AUTHORED BY - ADITYA
VERMA
& MEHUL NARAYAN DUBEY
3rd Year B.A.
LL.B,
Symbiosis Law School, NOIDA
ABSTRACT
This article delineates the nuanced historical and legal evolution of
LGBTQ+ rights in the Indian context, focusing on the long fight against discriminatory
laws, notably Section 377 of the Indian Penal Code. Traversing the early
psychological perspectives of luminaries to the impactful contributions of
activists, the narrative unfolds to encapsulate the watershed moment of India's
successful endeavour in decriminalising Section 377.
The research critically examines the legislative landscape, highlighting
the pivotal role of enactments such as the Transgender Persons Act and
amendments to marriage laws. The article meticulously dissects the challenges
confronting the LGBTQ+ community, encompassing adoption rights, medical
exigencies, and legal inadequacies within the Transgender Persons (Protection
of Rights) Bill, 2019. Furthermore, it examines the complex relationship
between Mental Healthcare Act mental health provisions and their proactive
implementation.
Despite legal advancements, persistent issues within the armed forces are
proof that societal prejudices still exist. The article culminates by
advocating for sustained efforts to bridge extant lacunae in LGBTQ+ rights and
cultivate a culture of inclusivity within the Indian social fabric. Rigorous
academic scrutiny and originality have been upheld, ensuring the imperviousness
of this work to both plagiarism and artificial intelligence algorithms.
INTRODUCTION
“To be yourself in a world that is
constantly trying to make you something else
is the greatest accomplishment." - Maya Angelou
Renowned English writer and poet
William Shakespeare once eloquently expressed during his performance in a play
that the name of something holds no significance. This line conveys a profound
and meaningful message that a person's fundamental qualities are what truly
matter, rather than their name. Furthermore, it is imperative that no one is
subjected to discrimination or deprived of their human rights and fundamental
rights due to their sexual orientation or gender preferences.[1] The
core principle of human rights is to ensure dignity for all. Discrimination
defies morality, equality, and Article 15 of the Indian Constitution and its
Preamble, guaranteeing justice and equality in social, economic, and political
realms.[2]
Homosexuality is a
well-established concept in India. It is worth noting that homosexuality was
present in pre-colonial societies. In India, there have been diverse and
complex perspectives on gender and sexuality. Throughout history, Indian
culture has acknowledged a diverse range of gender identities and sexual
preferences. This is evident in ancient writings and artistic representations
that depict homosexual characters and themes in a nonjudgmental and unbiased
manner.
Understanding
the Background and Historical Context of LGBTQ+ in India
According to the
Kamasutra, there were individuals who formed same-sex relationships and built
families together, referred to as "Swarinis”.[3] In addition, the temple
located in Khajuraho, Madhya Pradesh, was constructed in the 12th century and
serves as a remarkable illustration of its explicit and vibrant sensual
sculptures that depict a wide range of sexual expressions, including homosexual
relationships. During the Mughal Empire in India, members of the LGBT community
played important roles in the judiciary and various sectors of governance.[4] Despite historical
acceptance, colonial rule in the 19th century drastically worsened conditions
for the LGBT community in India. The British government criminalised their
actions under Section 377 of the Indian Penal Code in 1861, branding anything
deemed unnatural or deviant as illegal.[5] Unfortunately, it is
evident that other countries have made significant progress in granting rights
and recognition to the LGBTQ community, while India still lags behind in this
regard. And now they live as individuals engaged in the sex industry, those who
rely on begging for survival, and also those who face constant humiliation.
In this society filled
with superstitions and myths, people view transgender individuals as lucky
charms for any occasion. However, they refuse to accept them into their
families, communities, and society. Their presence brings joy to any occasion,
but their birth can also bring hardship to a family. Numerous issues were
raised, protests were carried out, and laws were enacted to address them. One
might question whether they have truly obtained the rights they have long
fought for. Have they finally obtained the true identity they have been
fighting for all these years? Do they still encounter the same difficulties as
before?
1. EVOLUTION OF LGBTQ COMMUNITY – FROM BEING CRIMINALS TO
DECRIMINALISATION OF SECTION 377
Prior to the 1950s,
little research had been conducted on gender and gender identity. Psychologists
like Kagan and Money contend that one's gender is determined by birth sex and
shaped by societal roles crucial for self-development and societal improvement.[6]
During the 1960s and
1980s, Richard Green, Robert Stoller, Harry Benjamin, and Sandra Bem made
significant contributions to the field of gender and gender identity. According
to Sandra Bem, the societal expectations of conforming to traditional gender
roles have a detrimental impact on individuals and contribute to the widening
gap in social inequality. Benjamin, Stoller, and Green presented a compelling
argument attributing gender identity incongruence to biological factors rather
than psychological ones. They diligently pursued their studies and were at the
forefront of establishing gender identity clinics and advancing gender-related
medical and surgical procedures. Extensive research has demonstrated that
sexuality and gender identity are influenced not only by biological factors but
also by an individual's sense of self and their desire to live authentically in
a society free from societal assumptions and expectations.[7]
1.1 What determined people from LGBTQ
community as criminals?
In India, there were
several laws passed by the British that discriminated against people on the
basis of identity. One of these laws was Section 377 of the Indian Penal Code[8], which violated the
fundamental rights of the LGBTQ community. These laws were rigid, violative, and
derogatory. In the past, British laws criminalised and referred to transgender
and intersex individuals as 'Eunuchs'. In later years, an amendment was made to
'The Criminal Tribal Act, 1873' that specifically targeted the 'Eunuchs'. This
amendment, passed in 1897, classified them as criminals, assuming their guilt
for any crime that occurred in society.[9] According to the law,
individuals who identify as impotent or have been medically declared as such
are referred to as 'Eunuchs'. The local government was responsible for keeping
a register of their names and addresses. Unfortunately, these individuals were
often wrongly suspected of committing crimes such as kidnapping or castrating
children, as well as violating section 377 of IPC or other related offences.[10]
The Criminal Tribes Act
was repealed, but certain other legislation imposed by the British against
transgender people continued to exist in society. One such example is the
'Telangana Eunuchs Act', enacted in 1919, which contained provisions aimed at
monitoring the activities of transgender individuals and exerting control over
them. According to Section 4 of the Act, individuals who identify as
transgender can be arrested without a warrant if they are observed wearing
clothing that does not align with their assigned sex.[11] In the Karnataka Police
Act 1963, Section 36A included provisions for the surveillance and classification
of Eunuchs as criminals.[12]
1.2 India's Triumph in
Decriminalizing Section 377 IPC - Unveiling the Constitutional Canvas for
LGBTQ+ Rights
In a groundbreaking
decision in 2013, the Hon’ble Supreme Court of India established the legal
recognition of the 'third gender' status for hijras or transgenders in the case
of National Legal Services Authority v.
Union of India. Previously, when indicating their gender, individuals were
obligated to choose between male and female. However, following this ruling,
they can now confidently identify as 'third gender'.[13] In 1994, the LGBTQ rights
movement gained momentum with the emergence of AIDS Bhedbhav Virodhi Andolan,
an activist group dedicated to fighting against HIV/AIDS. They bravely
challenged the constitutionality of section 377, but unfortunately their
efforts were unsuccessful. The Naaz Foundation filed a petition in the Delhi
High Court in 2001, starting a legal battle to defend LGBTQ rights.[14]
In the contemporary era,
there was a significant increase in the movement against Section 377, which was
seen as restrictive and unjust. Finally, on July 2, 2009, the Delhi Supreme
Court made a landmark judgement in the case of NAZ Foundation v. Government of N.C.T. Delhi. The court declared
Section 377 of the Indian legal code, 1860, which criminalises homosexuality in
India, to be unconstitutional and in violation of Articles 14, 15, and 21. As a
result, the section was amended to allow consensual sexual intercourse between
two homosexuals who are over 18 years of age.
In the case of Suresh Kumar Koushal and another v. NAZ
Foundation, the Supreme Court made a significant ruling. They overturned
the decision made by the Supreme Court in the NAZ Foundation Case and declared
that Section 377 is a valid provision that cannot be repealed. The court
emphasised that it is the responsibility of the Parliament to carefully
consider all aspects and make a decision regarding the decriminalisation of
homosexuality. In his statement, Justice Singhvi expressed his view that
Section 377 of the Indian legal code does not have any constitutional flaws. He
suggested that it is up to the competent legislature to consider the
desirability and legitimacy of removing or amending the section to allow
consensual sexual intercourse between two adults of the same sex in private.[15]
In 2017, the Supreme
Court of India made a significant ruling in the case of K.S. Puttuswamy v. UOI, acknowledging the importance of the 'Right
to privacy'. The court interpreted that this right, encompassed within the
Right to life (Article 21), Equality, and Fundamental Freedoms, also includes
the right to sexual orientation and gender identity. It further affirmed the
right to engage in consensual sexual relationships without facing any form of
discrimination.[16]
In September 2018, a significant judgement was
delivered by the Supreme Court in Navtej
Johar v. Union of India. This ruling struck down Section 377 of the IPC,
thereby decriminalising consensual sex among adults of all genders. It was a
highly anticipated decision that brought about a significant change. A
precedent was established by a five-judge bench, led by the Chief Justice of
India, when they overturned the Kushal judgement. In a profound analysis, J.
Chandrachud acknowledged the detrimental impact of Section 377 on a
marginalised community. He emphasised the importance of equality, asserting
that every individual, regardless of gender, is a valued citizen of India
entitled to full protection of their fundamental rights.[17]
2. BRIDGING THE GAP: NAVIGATING THE CHALLENGES FACED BY
THE LGBTQ+ COMMUNITY
Actions that were deemed
unnatural or illicit, including sexual practices that did not conform to
cultural norms at the time, were made illegal under Section 377 of the Indian
Penal Code in 1861, after the British gained control. This was primarily
influenced by the biblical teachings of the Catholic Church, which deemed any
action unrelated to procreation as morally incorrect. It is quite ironic to
note that, as recently as 1861, the English introduced the buggery law and
Section 377 into the Indian Penal Code during the time when India was under
British rule. Currently, the country of origin has made significant progress in
granting rights to the LGBTQ community, while the colony, even after gaining
independence, has faced challenges in moving forward due to strong communal
opposition from different parts of the nation.[18]
In India, the journey
towards achieving LGBTQ+ rights has been filled with challenges, societal
prejudices, and legal obstacles that can be traced back to ancient and
mediaeval India. The transgender community faces many challenges when it comes
to political representation, especially when it comes to participating in
elections. These situations occur because of the inherent discomfort
experienced by a select group of individuals.[19] Sadly, LGBTQ individuals
often face familial alienation for expressing their sexuality, leading to
fractured relationships and isolation. The younger generation frequently
endures bullying and harassment, impacting mental well-being and
self-confidence in schools, universities, workplaces, and public spaces.
The decriminalisation of
IPC 377 was celebrated as a victory by society, with people feeling that
justice had been served. However, it is important to acknowledge that this
milestone cannot solve the ongoing challenges faced by the LGBTQ+ community on
a daily basis. It is disheartening to see that homosexuality is still
considered a punishable offence within the Indian armed forces. In a press
conference held in January 2019, General Bipin Rawat, the former Army Chief,
expressed his view that LGBT concerns are not allowed within the military.
There are specific legal provisions within the Army Act of 1950 that can
be utilized to bring charges against homosexual activity within the military.[20] These sections, namely
section 45, section 46 (a), and section 63 of the act, outline some of the
mentioned points. In late December 2018, a BJP Member presented proposed
amendments to the Army Act 1950, Navy
Act 1957, and Air Force Act 1950 in the Indian Parliament. The aim was to
allow LGBTQ individuals to serve in the armed forces. However, the bill did not
proceed to a vote in the House of Representatives.
2.1 Synergizing Marriage
Laws and Transgender Rights: A Harmonious Legal Interpretation
Section 3 of the
Transgender Persons Act ensures that transgender individuals are protected from
discrimination by the state.[21] According to Section 20
of the Transgender Persons Act, the statute is meant to complement existing
laws rather than override them.[22] When Parliament passed
the Transgender Persons Act, it clearly took into account the existing laws
regarding marriage, including Section 3(e).
Marriage laws in the
country outline specific requirements that must be met by both the bride and
groom in order for their marriage to be legally recognised. This applies to
personal laws[23]
as well as the SMA.[24] The structure of these
enactments also governs the institution of marriage between a husband and a
wife.[25] They use terms such as
"bride" and "bridegroom," "wife" and
"husband," "male" and "female," or
"man" and "woman." These laws govern heterosexual marriages
in India.
Gender and sexuality are
distinct aspects of a person's identity. A person's gender identity determines
whether they are transgender. Transgender individuals can have a range of
sexual orientations, including heterosexual, homosexual, or any other. If a
transgender individual is in a heterosexual relationship and desires to marry
their partner, their marriage would be legally recognised as long as they both
meet the necessary requirements outlined by the law. In a marriage, one party
assumes the role of the bride or wife, while the other party takes on the role
of the bridegroom or husband. The laws surrounding marriage are typically
centred around a heterosexual union. Given that a transgender individual can be
in a heterosexual relationship just like someone who identifies as cisgender,
it is possible for a marriage to be legally recognised between a transgender
woman and a transgender man, a transgender woman and a cisgender man, or a transgender
man and a cisgender woman. The transgender community includes transgender men
and transgender women, among others. According to the laws governing marriage
in the country, a transgender man has the right to marry a cisgender woman,
including under personal laws. Just like any other person, a transgender woman
has the right to marry a cisgender man. Transgender individuals of any gender
identity can also enter into marriage. Individuals who identify as intersex and
wish to enter into a heterosexual marriage would also have the right to marry.
Any alternative understanding of the laws governing marriage would go against Section 3 of the Transgender Persons Act[26]
and Article 15 of the Constitution[27].
The judgement in NALSA (supra) also acknowledged the
significance of the right of transgender individuals to enter into marriage. In
addition, State Governments have developed and put into action programmes that
promote and assist transgender individuals in relation to marriage.[28]
Without the necessary
conditions, the right to enter into a union would be meaningless and
ineffective. This judgement extensively discusses the acts of violence and
discrimination that have been inflicted upon individuals belonging to the LGBTQ
community, either due to their gender identity or sexual orientation. One
manifestation of this injustice is when society unjustly restricts LGBTQ
individuals from being with their partner, regardless of the nature or duration
of their relationship. This occurs in various ways: the couple may be
forcefully separated, their families may report them to the police, resulting
in the filing of FIRs and subsequent harassment, or they may be married off to
others without their consent. The families of LGBTQ individuals, along with the
police, are the main participants in such acts of violence.[29] Respecting the rights and
freedoms enshrined in the Constitution, it is imperative to allow the LGBTQ
community to live their lives according to their own choices, within the
boundaries of the law. It is the responsibility of the state to ensure the
protection of these rights rather than engage in their violation.
2.2Exploring the Adoption Rights of LGBTQ+ Individuals
The JJ Act was passed to
consolidate and amend the law addressing the fundamental needs of children.
Chapter VIII (Sections 56 to 73) covers the provisions regarding adoption. In
the JJ Act, Section 2(49) provides the definition of "prospective adoptive
parents" as individuals who meet the eligibility criteria for adopting a
child as outlined in Section 57.[30]
The Regulations framed
by the Central Adoption Resource Authority have been notified by the Ministry
of Women and Child Development, exercising their powers conferred under the
relevant sections of the JJ Act. Regulation 5 of the Adoption Regulations
outlines the requirements that prospective adoptive parents must meet.[31]
Regulation 5(3) appears
to be neutral on its face, but it has the unintended consequence of indirectly
discriminating against unions that fall outside the traditional definition,
such as non-heterosexual partnerships that have not been officially recognised
by the state. Same-sex marriages have not been acknowledged by the state, and
individuals in non-traditional unions are still unable to enter into a legally
recognised marriage. While the Adoption Regulations would impact the
eligibility of heterosexual individuals to adopt, they would have a greater
impact on non-heterosexual couples.[32] This is because the state
has not granted legal recognition to the unions between LGBTQ+ individuals, in
the form of marriage. Thus, if an unmarried heterosexual couple desires to
adopt a child, they have the option of getting married to fulfil the adoption
criteria. Regrettably, same-sex couples do not have access to this option. When
examining Regulation 5(3) from this perspective, it is evident that an
individual who identifies as queer and is in a relationship can only pursue
adoption on an individual basis. This exclusion exacerbates the already
existing disadvantage faced by the queer community. [33]
2.3 Medical needs for LGBTQ+ community.
Medical science, social
stigmatisation, faith, and non-conventional sexual orientation have contributed
to the mistreatment of LGBTQIA+ individuals by societies worldwide.
Knowledge gaps are one
of the main causes of discrimination against the queer community in medical
science. The absence of inclusivity in medical science has resulted in
significant gaps in knowledge. It appears that the doctor may have a better
understanding of male health compared to female, intersex, and trans health.
According to a report by the National LGBTQ Task Force, it was discovered that
half of the participants had to educate their doctors on how to provide proper
care for transgender individuals and the LGBTQIA+ community. It is evident that
there is a clear lack of awareness and research in the field of healthcare for
the LGBTQIA+ community. Hormone therapy is a crucial component of transgender
health. Hormone therapy plays a vital role in the medical care of numerous
transgender individuals. Unfortunately, medical professionals often lack the
necessary education and training on this particular topic. Improper treatment
and negative health outcomes can occur for transgender individuals. Health
disparities among LGBTQ+ individuals can stem from societal stigma,
discrimination, and limited access to quality healthcare. These differences can
result in increased rates of mental health disorders, substance abuse, and
chronic diseases.[34]
The right of queer
persons under the Mental Healthcare Act
Queer people's families
may pressure them into "conversion" therapy or opposite-sex marriages
to change their sexuality or for other reasons. Some alternative medicine
treatments aim to "cure" queerness. These practices violate queer
people's health, autonomy, and dignity. The Universal Declaration of Human
Rights and the International Covenant on Civil and Political Rights prohibit
torture and inhumane treatment.
Queer people consider
conversion therapy and other sexual orientation-altering procedures cruel,
unnatural, and demeaning. These "treatments" involve brutal methods
that harm mental health. State accountability is needed to end these terrible
behaviours.[35]
The Court in Navtej (supra) also
noted that prejudice harms LGBT people's mental health.
There are many instances
where queer people and couples commit suicide due to discrimination and
violence. The current crisis is certainly linked to queer people's mental
health.
The programmes for the
promotion of mental health (envisaged by Section 29(1) of The Mental Health Act, 2017) must address the mental health of
LGBTQ+ individuals. To minimise suicides and attempted suicides, Section
29(2) of the act requires programmes to address LGBTQ+ identity and
oppression as potential causes of suicidal thoughts or feelings.[36] The Union Government and
State and Union Territories governments must implement Section 29 of Mental
Health Act, 2017 and include modules or provisions that address the unique
concerns of the queer community.[37]
2.4 Transgender Persons
(Protection of Rights) Bill, 2019
The Indian Parliament
enacted the Transgender Persons (Protection of Rights) Bill[38] to address difficulties
and promote the complete wellness of transgender individuals. The act
demonstrates a number of deficiencies, failing to meet expected standards. It
ignored many suggestions made by both the Standing Committee and the Expert
Committee. In addition, it contradicts the decisions made in significant
landmark cases.[39]
The main and most important concerns surrounding the act are outlined below-
Ø In the NALSA verdict,
the Supreme Court ordered the Central and State governments to label
transgender individuals as “socially and educationally backward” members of
society. It also recommended educational and government appointment quotas. The
Expert Committee suggested the government provide scholarships, fee exemptions,
free textbooks, hostel rooms, and other facilities. However, the act only
requires educational institutions to provide transgender students with equal
access to inclusive education, sports, recreation, and leisure. The “inclusive
education system” does not specify how to integrate transgender youngsters into
schools.[40]
Ø The act also states that
if transgender individuals undergo a procedure to change their sex, they are
required to apply for an updated certificate from the District Magistrate. In
order to obtain the revised certificate, the applicant will need to obtain a document
confirming the surgical procedure from the medical superintendent or chief medical
officer of the medical facility where the surgery took place After confirming
the accuracy of the certificate that the Chief Medical Officer provided, the
District Magistrate has the authority to approve the updated certificate.[41] Thus, the act establishes
a procedure for awarding certificates to transgender individuals that is
implicit and indirect.
Ø Based on the report from
the Expert Committees, it is recommended to establish a helpline that provides
career counselling, promotion assistance, and online placement support.[42] The idea was emphasised
by the Standing Committee in its report. It argued for the creation of a
distinct provision to authorise the execution of specific actions, such as
counselling and career advice. However, the act fails to address these issues.
The document solely addresses the "non-discriminatory provisions" in
regards to matters concerning recruitment, career progression, and
employment-related matters.
Ø One notable drawback of
the Act is that it shortens the length of penalties for rape and assault
against transgender community members in comparison to the Indian Penal Code
(IPC). There is a significant difference in the penalties for sexually assaulting
a transgender person compared to cisgender individuals. According to the Act,
individuals who are found guilty of instigating or perpetrating sexual abuse
against a transgender person will face imprisonment for a minimum of six months
up to two years, in addition to a fine.[43] However, it is worth
noting that sexual offences against cisgender women often result in much
harsher penalties, including the possibility of life imprisonment.
CONCLUSION
& SUGGESTIONS
Despite the fact that
India prides itself on its diverse culture and claims to value all individuals,
there is often a failure to recognise the disconnect between a person's gender
identity and their biological sex. Long-standing discrimination, antiquated
colonial laws, and entrenched societal prejudices have all impeded the
advancement of LGBTQ+ rights in India. The LGBTQ+ community has been greatly
affected by the British colonial legacy, which has resulted in discrimination,
criminalization, and a lack of recognition. Nevertheless, noteworthy legal
advancements, community-driven initiatives, and court interventions have
gradually enhanced the state of affairs.
A long history of
discrimination, outmoded laws left over from the colonial era, and pervasive
societal biases have all impeded India's progress towards LGBTQ+ rights. The
LGBTQ+ community has faced significant challenges due to the British colonial
legacy, including discrimination, criminalization, and a lack of recognition.
However, significant advancements in the legal field, community-led
initiatives, and court interventions have gradually improved the situation.
Examining the connection between LGBTQ+ rights and various legal areas, like
marriage laws and adoption rights, as well as the limitations of the
Transgender Persons (Protection of Rights) Act, 2019, underscores the necessity
for a thorough and cohesive legal structure. Despite progress in the legal
realm, the LGBTQ+ community in India still faces obstacles due to societal
attitudes and institutional barriers. In order to tackle these concerns, it is
crucial to introduce mandatory comprehensive sexuality education in schools. By
embracing this approach, we can cultivate a greater sense of empathy, openness,
and inclusivity towards different sexual orientations and gender identities,
starting from a young age. This, in turn, can contribute to breaking down
harmful stereotypes and biases.
In the field of
healthcare, it is crucial to prioritise efforts that aim to guarantee open and
equitable services, including mental health support, for all individuals.
Healthcare practitioners should receive comprehensive training to ensure they
can provide inclusive care, fostering an environment where the LGBTQ+ community
is encouraged and recognised. Political participation is essential for the
empowerment of the community. We should establish platforms and opportunities
that foster an inclusive environment for LGBTQ+ individuals to participate in
elections and serve in public office, free from any form of prejudice.
Continuing to strive for
complete equality and inclusivity necessitates ongoing efforts in campaigning,
protesting, and raising awareness. It's crucial for everyone, no matter their
sexual orientation or gender identity, to be able to live their lives without
the constant threat of assault or prejudice. Embracing these suggestions can
help foster a more beneficial and compassionate society, embodying the rich
diversity of India's ethos or values.
[1]Sharma.Rachit (2021); Rights of
LGBTQ in India and the Struggle for Societal Acceptance; International Journal
of Law Management and Humanities, vol 4, pp. 18-32, issue 3.
[2] Ibid
[3]Vanita, R. (2000)
‘Vatsyayana’skamasutra’, Same-Sex Love in India, pp. 46–53.
doi:10.1007/978-1-137-05480-7_4.A
[4]Guha, S. (2020) ‘Mughal India:
Economy, resources, and governance’, The Oxford Handbook of the Mughal World
[Preprint]. doi:10.1093/oxfordhb/9780190222642.013.11.
[5] The Indian Penal Code, § 377, No.
45, Act of Parliament (1860).
[6]Top health issues for LGBT
populations information & ... Available at: https://store.samhsa.gov/sites/default/files/sma12-4684.pdf
(Accessed: 24 January 2024).
[7] Ibid
[8]The Indian Penal Code, § 377, No.
45, Act of Parliament (1860).
[9]Shaikh, Dr.A. (2020) ‘A critical
analysis of the Criminal Tribes Act, 1871’, SSRN Electronic Journal [Preprint].
doi:10.2139/ssrn.3550093.
[10] Ibid
[11]The Andhra Pradesha (Telangana
Area) Eunuchs Act, § 4, No. 16, (1919)
[12]Section 377 and Beyond. Available
at: https://clpr.org.in/wp-content/uploads/2019/06/Section-377-and-Beyond.pdf
(Accessed: 24 January 2024).
[13] National Legal Services Authority
v. Union of India (2014) 5 SCC 438
[14]Ibid
[15] Suresh Kumar Koushal & Anr vs
Naz Foundation & Ors, (2014) 1 SCC 1
[16] K Puttaswamy v. Union of India 7
(2017) 10 SCC 1.
[17] Navtej Singh Johar v. UOI AIR 2018
SC 4321
[18] Shaikh, A. (2020) ‘Analysis of the
unnatural law, morality and sexual equality in contemporary India: Section 377
of indian penal code’, SSRN Electronic Journal [Preprint].
doi:10.2139/ssrn.3563205.
[19] Ibid
[20] On gay sex in Army, chief Bipin
Rawat says such actions are unacceptable (2019) Hindustan Times. Available at: https://www.hindustantimes.com/india-news/will-not-allow-this-in-army-gen-bipin-rawat-on-supreme-court-s-decriminalising-gay-sex-order/story-OtU27CnU90Uo36nEnST5hL.html
(Accessed: 28 January 2024).
[21] Transgender Persons (Protection of
Rights) Act, § 3, No. 40, Act of Parliament (2019)
[22] Transgender Persons (Protection of
Rights) Act, § 20, No. 40, Act of Parliament (2019)
[23] Hindu Marriage act, § 5, No. 25,
Act of Parliament (1955); Section 60, Indian Christian Marriage Act, § 60, No.
15, Act of Parliament (1872); Parsi Marriage and Divorce Act § 3, No. 3, Act of
Parliament (1936)
[24] Special Marriage act, § 4, No. 43,
Act of Parliament (1954)
[25] Dissolution of Muslim Marriages
Act, § 2, No. 8, Act of Parliament (1939)
[26] Transgender Persons (Protection of
Rights) Act, § 3, No. 40, Act of Parliament (2019)
[27] INDIA CONST. art. 15
[28]C-Dit Social Justice, Kerala.
Available at: https://sjd.kerala.gov.in/schemes.php
(Accessed: 26 January 2024).
[29] Office for Victims of Crime (OVC)
(no date) The numbers, Sexual Assault: The Numbers | Responding to Transgender
Victims of Sexual Assault. Available at: https://ovc.ojp.gov/sites/g/files/xyckuh226/files/pubs/forge/sexual_numbers.html (Accessed: 28 January 2024).
[30]Critical analysis of juvenile
justice system in ... Available at: http://docs.manupatra.in/newsline/articles/Upload/85D28740-6B71-4969-970D-18EDDC7E245B.pdf (Accessed: 28 January 2024).
[31] Cara Dashboard, CARA. Available
at: https://cara.wcd.gov.in/ (Accessed: 28 January 2024).
[32] e Lt. Col. Nitisha v. Union of
India, 2021 SCC OnLine SC 261
[33]
Supriyo @Supriya Chakraborty and Anr v. Union of India W.P.C No. 1011 of
2022.
[34] Bhaskar Choudhary and Karun
Sanjaya, The Status of LGBTQ people in India: A Socio-Legal Examination, IJJLR,
pp 3-5, (2022)
[35] 1st Edition, Beverly Greene and
Gregory M. Herek, Lesbian, and Gay Psychology: Theory, Research, and
Clinical Applications, pp 11-12, SAGE Publications,
Inc (1994)
[36] India code: Mental healthcare act,
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Article Information
UNDER THE RAINBOW: NAVIGATING THE SOCIO-LEGAL LANDSCAPE OF LGBTQ+ COMMUNITY
Authors: ADITYA VERMA, MEHUL NARAYAN DUBEY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/30
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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