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LGBT- A part of society Supreme Court Decision on September 2018

LGBT ( Lesbian Gay Bisexual Transgender) was illegal U/S 377 of INDIAN PENAL CODE, 1860 but, On 6 September 2018, a five judges constitutional bench of Supreme Court of India Decriminalised the concept of homosexual intercourse by repealed a part of Section 377 of INDIAN PENAL CODE and excluding Consensual Homosex between adults from its limits. In the colonial era law made the 10 year punishment  for being gay, one judge said the landmark decision would “pave the way for better future”.

Homosexuality was never illegal or unlawful offence in ancient India. The concept of homosexuality has its own identity from ancient times. LGBT community is very common in India after the dicriminalisation of Homosexuality U/S 377 of INDIAN PENAL CODE, 1860 by Supreme Court. India has recognized a third population as Lesbian Gay Bisexual Transgender Community. Homosexuality may be either a passive individual who may adopt the active role of pair.

When people start showing up their gender they face social difficulties and high level of violence from Non-LGBT community.  Parents feel ashamed after knowing this about their child and giving lectures about LGBT and Society Norms.  Being Lesbian Gay Bisexual Transgender people face different difficulties in Family and Society.

Lesbian Gay Bisexual Transgender Community people are fighting for equal rights and acceptance. People belongs to LGBT community are locked down upon all the time. This is the major issue of discrimination against the LGBT community is highly prevalent.

Being Lesbian Gay Bisexual Transgender is not a problem it’s just another feeling between the same gender, people belongs to LGBT community afraid to face their identity in the society because they feel that society will not accept, even in the school, colleges LGBT people face different problems they got bullied from their class mate due to this some of them commit suicide, and some of them feel ashamed being LGBT.

ARTICLE 15 of INDIAN CONSTITUTION states that:

  • Prohibition of discrimination on grounds of religion, race, caste, gender or place of birth.
  • Art 15(1) State shall not discriminate any citizen on ground of religion, race, caste, sex or place of birth.
  • Art 15(2) No Citizen shall on grounds of religion race caste and sex or any of them be subject to any disability, liability, restriction or condition with regard to:

In the case of Navtej Singh Johar VS Union of India the Apex Court ruled that Indian Constitution bans discrimination on the bases of sexual orientation via Category of sex. Similarly in case of NALSA VS Union of India Apex Court held discrimination on grounds of gender identity in prohibition under Indian Constitution.

If normal men and women have the right to live free in the society with respect then why Lesbian Gay Bisexual Transgender not a person who belongs to Lesbian Gay Bisexual Transgender can live in this society with respect. Its not about what religion says its about what humanity says.

“NO MATTER WHO YOU ARE, WHO YOU LOVE WE ARE NOT SAME BUT EQUAAL”

Also Read: Violation of rights of migrants during Covid-19

Vinay Tyagi
Vinay Tyagi
vinay tyagi law student I survived because the fire inside me burned brighter.
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