This article is written by Tangilla Bhavya Meghana of Damodaram Sanjivayya National Law University, Visakhapatnam.

ABSTRACT:

Over the last few decades, the fight for LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, and other non-heteronormative identities) rights has been a significant social and legal movement. Living as a lesbian, gay, bisexual, transgender, or intersex person can be dangerous in many places throughout the world.

Discrimination and violence against LGBTQ+ individuals can take various forms, including name-calling, bullying, harassment, and gender-based assault, as well as being denied employment or adequate healthcare. Protests to defend the rights of LGBTQ+ people suffer repression all across the world.

This article thoroughly examines the issues faced by the LGBTQ+ community and the rights that are provided to them across the globe with special reference to Rights in India.

INTRODUCTION:

LGBTQ+ rights are the legal and societal recognition and protections granted to those who identify as lesbian, gay, bisexual, transgender, queer, or any other non-heteronormative or non- cisgender identity. These rights are critical for maintaining equality, non-discrimination, and the freedom to live genuinely without fear of prejudice or persecution. The fight for LGBTQ+ rights has been an important aspect of the larger human rights movement, aiming to challenge societal norms and systems that have traditionally marginalized and persecuted people based on their sexual orientation or gender identity.

The LGBTQ+ rights movement arose as a result of significant discrimination, prejudice, and marginalization suffered by people whose sexual orientations and gender identities differed from societal norms. This movement has developed over time to include a broader range of topics, such as marriage equality, anti- discrimination rights, healthcare access, and more. Activists and supporters have fought relentlessly to fight societal attitudes, legal frameworks, and institutional biases that contribute to injustice.

However, difficulties persist. LGBTQ+ people continue to encounter discrimination in work, housing, education, and healthcare in a variety of settings. Hate crimes and violence against LGBTQ+ people are serious concerns. Furthermore, legal recognition and rights for transgender and non-binary people frequently lag behind those for lesbian, gay, bisexual, and transgender people, resulting in continued efforts for gender-affirming healthcare, identification documents, and social acceptance.

HISTORICAL CONTEXT:

The fight for LGBTQ+ rights has progressed over time, with several victories in various parts of the world. The Stonewall riots in 1969 are widely regarded as a watershed point in LGBTQ+ history, as they generated a wave of protests and rallies that resulted in the formation of organized LGBTQ+ rights advocacy organizations.

LGBTQ+ rights made great headway in the late 20^th century, with several countries decriminalizing homosexuality, enacting anti-discrimination legislation, and recognizing same-sex unions. The twenty-first century has seen landmarks such as the legalization of same- sex marriage in some countries and the increased prominence of transgender and non-binary concerns. ¹

The history of LGBTQ+ rights is one of tenacity, advocacy, and social transformation. While great progress has been made, the fight for complete equality, acceptance, and protection for LGBTQ+ people remain a major human rights problem around the world.

DISCRIMINATION AGAINST LGBTQ+ PEOPLE:

Discrimination against LGBTQ+ people is still a widespread and very troubling issue in many societies throughout the world. Despite tremendous advances in LGBTQ+ rights, the fight against discrimination, intolerance, and unfair treatment is far from over.

There are various forms of Discrimination including Isolation, Bullying and Harassment, Employment discrimination, Housing inequality, Healthcare Disparities, legal challenges, etc.

There are 64 nations in the world with anti-homosexual legislation, many of which may be traced back to European colonization. People who participate in consensual same-sex sexual acts might face the death penalty in various countries, including Brunei, Iran, Mauritania, Saudi Arabia, Yemen, Uganda, and northern Nigeria. ²

KEY ASPECTS OF LGBTQ+ RIGHTS:

1.     Legal decriminalization and Anti-discrimination laws:

Many countries have removed antiquated laws that criminalized homosexuality, replacing them with anti-discrimination legislation that protects LGBTQ+ people from prejudice and bigotry. This legislative evolution aims to provide equality of opportunity in work, housing, education, and public services.

2.     Recognition of relationships:

The campaign for same-sex recognition has resulted in historic triumphs, including the legalization of same-sex marriage in various nations. This recognition gives LGBTQ+ couples the same legal protections and privileges as heterosexual couples.

3.     Gender Identity and Expression:

Recognizing and accepting gender identity and expression is a huge step forward. Individuals can now legally modify their gender markers on identifying documents and obtain gender- affirming healthcare.

4.     Education and Awareness:

It is critical to educate society about LGBTQ+ concerns and to dismantle prejudices. Inclusive sex education, anti-bullying programs, and sensitivity training all help to create safe spaces for LGBTQ+ people, particularly youth.

5.     Global strides and Challenges:

International organizations, including the United Nations, have acknowledged the significance of LGBTQ+ rights in the framework of human rights. However, difficulties exist in areas where cultural conservatism and prejudice impede growth.

LEGAL MILESTONES CONCERNING LGBTQ+ PEOPLE:

Significant legal achievements have altered cultures, challenged discriminatory conventions, and extended fundamental human rights to all individuals, regardless of sexual orientation or gender identity, on the path to LGBTQ+ rights and equality.

One of the most significant legal milestones for LGBTQ+ people is the Decriminalization of Homosexuality in the United States. The judgment in Lawrence v. Texas by the United States Supreme Court in 2003 found statutes criminalizing consensual same-sex behavior unconstitutional, marking an important step towards abolishing legal discrimination based on sexual orientation.

Recognition of same-sex marriage in the Netherlands and the United States, permission to change the legal gender for the first time in Argentina, and then in Denmark, and Anti-discrimination protections in Europe and Canada, are some of the most important milestones achieved concerning LGBTQ+ rights.

GENDER IDENTITY AND EXPRESSION:

LGBTQ+ rights include not only sexual orientation but also gender identity and expression. The fight for transgender and non-binary people’s recognition, acceptance, and equal rights is essential to the larger LGBTQ+ movement. ³

1. Changes in Gender Markers: Legal frameworks are increasingly permitting individuals to update the gender markers on identification documents to reflect their gender identity. This understanding is critical for avoiding misgendering and prejudice.
2. Anti-Discrimination Legislation: Many countries and regions are broadening anti- discrimination legislation to include gender identity and expression, ensuring protection in areas such as work, education, healthcare, and public services.
3. Conversion Therapy Prohibition: An increasing number of countries are making efforts to prohibit harmful conversion therapy practices that aim to change an individual’s gender identity or sexual orientation.⁴

HEALTHCARE:

Healthcare and mental health are critical parts of well-being, but for many LGBTQ+ people, receiving appropriate and respectful care has historically been difficult. Discrimination, misunderstanding, and difficulties with gender-affirming treatments have all been significant impediments.⁵ However, growing awareness and efforts to establish inclusive and supportive healthcare environments for LGBTQ+ people have occurred in recent years.

Disparities in Health

LGBTQ+ people frequently encounter health disparities as a result of societal stigma, discrimination, and a lack of cultural competency within healthcare institutions. These discrepancies present themselves in a variety of ways:

1. Because of minority stress, family rejection, and social isolation, LGBTQ+ people are more prone to suffer from mental health difficulties such as depression, anxiety, and suicidal thinking.
2. Substance misuse: Higher rates of substance misuse in the LGBTQ+ community have been related to discrimination stress and the use of substances as coping techniques.
3. HIV/AIDS and Sexual Health: Despite advances, HIV/AIDS remains a concern, particularly among homosexual and bisexual men. Comprehensive sexual health education, as well as easy access to testing and treatment, are critical.

Access to Healthcare Obstacles

1. Stigma and Discrimination: Fear of discrimination or insensitivity from healthcare practitioners might deter LGBTQ+ people from seeking treatment, resulting in delayed therapy, and worsening health outcomes.
2. Gender-Affirming Healthcare: Transgender and non-binary people frequently face barriers to receiving gender-affirming healthcare, such as hormone therapy and gender- confirming surgery.
3. Inadequate Training: Many healthcare providers lack adequate LGBTQ+ health training, resulting in a lack of cultural competency and an inability to address unique health issues.

Initiatives and Progress

1. Cultural Competency Training: Healthcare organizations are increasingly giving workers training to help them better understand LGBTQ+ perspectives and build accepting environments.
2. Gender-Affirming Care: As the necessity of gender-affirming treatments has grown, more accessible and inclusive care alternatives for transgender people have emerged.
3. Mental Health Help: LGBTQ+-specific mental health services are growing, providing personalized help for the community’s unique difficulties.
4. Anti-discrimination rules are being implemented to safeguard LGBTQ+ people from abuse in healthcare settings.

GLOBAL VARIATIONS:

The global variances in LGBTQ+ rights provide a complicated picture of the continuous struggle for acceptance and justice, ranging from countries leading the drive toward equality to regions where prejudice endures.

Diverse Attitudes and Legal Environments

Cultural standards, religious views, and historical background all have a significant impact on LGBTQ+ rights. This has resulted in a wide range of attitudes towards LGBTQ+ people around the world:

1. Nations that are advancing: Some countries have made significant advances in LGBTQ+ rights. Nations such as Canada, the Netherlands, and Sweden have legalized same-sex marriage, implemented extensive anti-discrimination legislation, and made gender identity modifications legal.⁶
2. Legal Ambiguity: The legal situation for LGBTQ+ people is ambiguous in various nations. Some laws may criminalize same-sex partnerships, but they are not often strictly enforced. This creates an unpredictable climate in which LGBTQ+ people’s rights can be infringed with little recourse.
3. Criminalization and Persecution: Unfortunately, many countries continue to criminalize homosexuality, resulting in arrests, imprisonment, and, in severe circumstances, the death penalty. These draconian rules contribute to a fear-based and discriminatory culture.

Cultural Factors and Difficulties

1. Conservative cultural standards and traditional beliefs frequently clash with LGBTQ+ rights advocacy. Traditional family structures and heteronormativity may be prioritized in societies, making it difficult to recognize and protect LGBTQ+ people.
2. Religion and LGBTQ+ Rights: Religious views have a big impact on how people perceive LGBTQ+ people. While some religious communities have become more inclusive and accepting, others have remained conservative, which fuels discrimination.
3. Stigma and Visibility: LGBTQ+ people are still stigmatized and marginalized in various parts of the world. Misunderstandings and preconceptions are exacerbated by a lack of visibility.

Progress and Activism

1. Emerging Movements: Despite obstacles, LGBTQ+ activists are making their views heard throughout the world. Platforms for exposure and advocacy include grassroots movements, online activism, and Pride events.
2. International Advocacy: On a worldwide scale, international organizations such as the United Nations and non-governmental organizations contribute to raising awareness and advocating for LGBTQ+ rights. Their activities put governments under pressure to improve conditions for LGBTQ+ people.

RIGHTS OF LGBTQ+ PEOPLE IN INDIA:

HISTORY OF THE LGBTQ+ COMMUNITY IN INDIA:

In India, Hinduism recognizes a third gender. According to some versions of the epic, several characters in the Mahabharata shift genders, such as Shikhandi, who is often supposed to be born as a girl but identifies as male and subsequently marries a woman. Hijras revere Bahuchara Mata, the goddess of fertility, as their patroness.

The Naradasmriti and the Sushruta Samhita, two prominent Sanskrit works on dharma and medicine, declare homosexuality to be immutable and prevent homosexuals from marrying a spouse of the other sex.⁷

The Kama Sutra, a Sanskrit treatise on human sexual behavior, defines homosexual males as Tritiya-Prakriti and explains their practices in great detail. Similarly, the Kama Sutra describes

lesbians (Svairini, who engage in forceful lovemaking with other women), bisexuals (known as kami or paksha), transsexuals, and intersex individuals.⁸

In the Manusmriti, another Hindu classic, there are severe punishments for homosexuality in certain instances, as well as sex for heterosexual couples.

Several pre-existing Delhi Sultanate regulations were incorporated into the Fatawa-e-Alamgiri during the Mughal Empire, imposing several sorts of homosexual punishments.

The British enacted Section 377, which remained in effect for more than 70 years after Indian independence, to codify the illegality of homosexual behavior.

RECOGNITION OF SAME-SEX RELATIONSHIPS:

Although same-sex marriage and civil unions are not recognized in India, same-sex couples can obtain the rights and benefits of a live-in partner under the Supreme Court of India’s landmark decision Deepika Singh v. Central Administrative Tribunal in August 2022.⁹

Despite limited acceptance by lower courts, India still lacks a national law governing same-sex unions. So yet, protections for same-sex couples have come solely from the courts, not from Parliament or the Government of India.

RIGHTS PROVIDED:

1. Decriminalization of Homosexuality

The Delhi High Court judgment in Naz Foundation v. Govt. of NCT of Delhi in 2009 ruled Section 377 and other legal prohibitions against private, adult, consenting, and non-commercial same-sex behavior to be in direct violation of the Indian Constitution’s fundamental rights. However, the Supreme Court overturned the 2009 Delhi High Court ruling decriminalizing consensual homosexual behavior within its jurisdiction on December 11, 2013. Eventually, in 2018, the Supreme Court of India overturned Section 377, decriminalizing consenting same- sex partnerships. This verdict was hailed as a big success for LGBTQ+ rights campaigners and allies.

2. Recognition of Transgender Rights

The Supreme Court recognized transgender people as a “third gender” in a 2014 judgement and urged the government to provide them with numerous rights and protections. This commemoration is intended to address transgender people’s discrimination and marginalization.

3. Transgender Persons (Protection of Rights) Act, 2019

While this act was intended to protect transgender people’s rights and care for their well-being, campaigners criticized it for its flaws.¹⁰ Critics said that the measure did not effectively address self-identification concerns and may potentially lead to additional discrimination.

4. Discrimination and Bullying in Higher Education

Bullying, raging, and discrimination against students based on their sexual orientation or gender identity are prohibited under the 2016 UGC Rule on Suppressing the Threat of Ragging in Higher Education Institutions (Third Amendment).

STATE LAWS:

1. State of Karnataka:

The Government of Karnataka issued the 2017 National Transgender Policy in October 2017 to raise transgender awareness in all state educational institutions.¹¹ Abuse, violence, and discrimination against transgender persons are addressed at educational institutions. An oversight committee was also formed to look into claims of prejudice.

2. State of Maharashtra:

The Government of Maharashtra formed the Transgender Welfare Board in February 2019 to administer health programs and give formal education and career opportunities to transgender persons. The Board gives free housing to scholarship applicants and skill development programs to assist transgender people in finding work.

2. State of Kerala and Tamil Nadu:

The states of Kerala and Tamil Nadu were the first in India to implement transgender welfare laws. Transgender people will be provided with free housing, various citizenship documents, admission to state colleges with full scholarships for higher education, and alternative income sources through the formation of support groups (for savings) and the implementation of income-generating programs under this policy. (IGP). Tamil Nadu was the first state to have a transgender welfare organization founded by a member of the transgender community. Kerala began providing free surgery in state hospitals in 2016.¹²

3. State of West Bengal:

West Bengal formed the Transgender Welfare Commission in 2015 to coordinate all policy- making and development initiatives about the state’s transgender population. Many transgender activists, however, have criticized the panel as a “circumflexed failure.”¹³ The board is scheduled to meet once a month with representatives from several state government ministries, however, it had only met five times as of July 2017.

• 4. State of Bihar:

In July 2019, the Bihar government announced the formation of a transgender welfare organization. The panel will research and report on the social and legal challenges that transgender individuals experience in the state, as well as provide financial help for gender reassignment surgery up to Rs. 150,000. Furthermore, anyone who denies transgender persons access to housing or medical care faces up to two years in prison.

‘PRIDE’ AS A PROTEST:

Pride, which began as a series of rallies and marches, has evolved into a strong symbol of the LGBTQ+ community’s strength, liberation, and visibility. ¹⁴ What began as a defiant response to prejudice and tyranny has evolved into an annual celebration that both honors and reminds us of the work that still needs to be done. Pride as a form of protest symbolizes an unwavering dedication to justice and equality, while also defying society’s standards and demanding acknowledgment.

Pride celebrations around the world continue to convey the spirit of defiance in the face of discrimination. They act as platforms for people to speak out against the continuous issues that LGBTQ+ people face, such as legal inequities, workplace discrimination, and societal prejudices. Pride parades and protests reclaim public places and call into question the concept that LGBTQ+ people should hide or be ashamed of their identities.

Pride’s ability to bring visibility and empowerment is one of its most powerful characteristics as a protest. LGBTQ+ people

demonstrate to others that they exist, that they matter, and that they demand to be treated with respect and decency by banding together and openly celebrating their identities. This exposure combats the marginalization and isolation that many LGBTQ+ people have historically experienced.

Pride as a protest is more than simply a single act of resistance; it is a celebration of the LGBTQ+ community’s tremendous diversity. Pride celebrations cover a wide range of identities, cultures, and experiences, highlighting the community’s intersectionality. This inclusiveness amplifies the protest’s message, emphasizing that the battle for equality is for everyone.

CONCLUSION:

Finally, the march toward LGBTQ+ rights demonstrate the strength of collective action, perseverance, and the unbreakable human spirit. The LGBTQ+ rights movement has reshaped civilizations, questioned norms, and pushed the call for equality and acceptance from the shadows of oppression to the bright light of progress.

Through decades of struggle, LGBTQ+ people and supporters have broken down obstacles and prepared the ground for legal reforms that safeguard against discrimination and uphold human dignity ideals. The decriminalization of homosexuality, acceptance of same-sex relationships, and acceptance of gender identity are key landmarks that have transformed the landscape of rights and liberties.

The march towards complete LGBTQ+ equality continues, propelled by the belief that human rights are universal and that a just society embraces everyone for who they are. Let us stand together, together by the ideas of equality, respect, and the unwavering pursuit of a world in which every individual can live proudly and without prejudice.

¹ Morris, B. J. (2023, March 16). A brief history of lesbian, gay, bisexual, and transgender social movements. https://www.apa.org. https://www.apa.org/topics/lgbtq/history

²     LGBT   Rights   –     Amnesty  International.  (2023,      July       21).        Amnesty        International. https://www.amnesty.org/en/what-we-do/discrimination/lgbti-rights/

3     LGBT   Rights   –     Amnesty  International.  (2023,       July       21).       Amnesty        International. https://www.amnesty.org/en/what-we-do/discrimination/lgbti-rights/

⁴ Europe PMC. (n.d.). https://europepmc.org/article/med/33395666

⁵ Not Up for Debate: LGBTQ People Need and Deserve Tailored Sexual and Reproductive Health Care. (2022, August 30). Guttmacher Institute. https://www.guttmacher.org/article/2020/11/not-debate-lgbtq-people-need- and-deserve-tailored-sexual-and-reproductive-health

⁶     LGBT   Rights   –     Amnesty  International.  (2023,      July       21).        Amnesty        International. https://www.amnesty.org/en/what-we-do/discrimination/lgbti-rights/

⁷    Homosexuality,                Hinduism          &            the   Third         Gender:                  An         Overview.       (2020,  September 25). https://www.galva108.org/single-post/2014/05/15/Homosexuality-Hinduism-the-Third-Gender-A-Summary

⁸    Wilhelm,  A.    D.    (2009,   April   8).    Vaishnavism      and           homosexuality.   New    Statesman. https://www.newstatesman.com/politics/2009/04/gay-homosexuality-vaishnavism

⁹ Yadav, D. K. D. S. (2011, July 28). In a first, Gurgaon court recognizes lesbian marriage. The Times of India. https://timesofindia.indiatimes.com/city/gurgaon/In-a-first-Gurgaon-court-recognizes-lesbian- marriage/articleshow/9401421.cms

¹⁰   Nath,  D.   (2020,  January 11).   Transgender Persons      Act     comes         into        effect.                   The      Hindu. https://www.thehindu.com/news/national/transgender-persons-act-comes-into-effect/article30545336.ece

¹¹ P. (2017, October 27). Transgender policy cleared by Karnataka cabinet. The Indian Express. https://indianexpress.com/article/india/transgender-policy-cleared-by-karnataka-cabinet-4909196/

¹² Karthikeyan, D., & Karthikeyan, D. (2017, May 25). Tamil Nadu, once a pioneering state for welfare of transgenders, now shuns the third gender. Firstpost. https://www.firstpost.com/india/tamil-nadu-once-a- pioneering-state-for-welfare-of-transgenders-now-shuns-the-third-gender-3476538.html

¹³ The Transgender Welfare Development Board, West Bengal – A Wasted Potential – Centre for Law & Policy Research. (2018, October 8). Centre for Law & Policy Research. https://clpr.org.in/blog/the-transgender- welfare-development-board-west-bengal-a-wasted-potential-2/

¹⁴     LGBT   Rights   –     Amnesty  International.  (2023,       July       21).       Amnesty        International. https://www.amnesty.org/en/what-we-do/discrimination/lgbti-rights/