How Lgbt Community Solve Their Problems In A Legal Way?

To secure the LGBT community justice, equity and unity have been an objective of the Govt. Previously the community was called as the Gay community, however in the middle 1980s, the community came to be called as the LGBT community, thus including the other homosexuals. The word LGBT stands for Lesbian, Gay, Bisexual and Transgender.

Discrimination against the community is common in the society; they are isolated and are sometimes denied basic fundamental rights, which they are entitled to being the citizen of the country. For legal advice for the matters related to Court Marriage In Bangalore or in your own city, you can seek advice from an experienced Matrimonial Lawyer In Ghaziabad, or in Bangalore or in your own city.

The following article discusses the rights of the LGBT community-

Legal Provisions:

Certain provisions under the Section 377 of the Indian Penal Code, 1860, during the British era-

  • Any unnatural sexual act was criminalised.
  • Such an act was punishable for a period from ten years to life imprisonment.
  • The six fundamental rights as mentioned in the Indian Constitution to ensure safeguard to every individual who is a citizen of the country.
  • Article 14 provides rights to equality and equal protection to all including the LGBT community.
  • Article 15 provides for the protection against discrimination based on the grounds of religion, sex, race or birth place. Thus, discrimination based on the gender or sexual orientation for that matter is prohibited.
  • Also, Section 19(1)(a) of the Constitution of India, provides freedom of speech and expression, hence people have the right to express their sexual orientation
  • Article 21 of the Constitution provides for the protection of life and the personal liberty of the people. Hence, gender privacy, identity and integrity are protected under this provision.

Current for by Section 377 of the IPC

  • After 150 years, certain changes were made to the Section; no person from the LGBT community could be punished under this section for following their sexual preferences with the consent of their partner.
  • The impact of the amendment is that the people of the LGBT community could live with dignity, respect, and freedom as other people lives in the society.
  • Through the amendment, the changed provision has now allowed protection, so that the community could now seek education without facing discrimination.
  • The people are free to live in the society without facing unnecessary opposition.

Case laws-

Navtej Singh Johar v Union of India (6th September 2018)-

  • In a historical judgment, the five Judge Bench of the Supreme Court, the provisions of Section 377 were partially decriminalized.
  • As provided under Article 14 of the constitution, consensual sex between two adult human beings is not unnatural and cannot be based on a subjective test of morality.
  • As per the Article 19 of the Constitution, human sexuality cannot be defined in a particular way, hence, discrimination against the LGBT community shall be unconstitutional. It provides right to express one’s sexual orientation freely.
  • Also under Article 21, right to life and liberty, including privacy, dignity and autonomy are ensured.

National Legal Services Authority v Union of India (2014)-

  • It was held by the court that not recognising their identities were violative of the Articles 14, 15, 16 and 21.
  • It was redirected by the Supreme Court to the Government of India to treat the people of the LGBT community as ‘third gender’ as an economically and socially backward class.
  • The third gender was to be put under the Otherwise Backward Class (OBC), so as to ensure them the benefit of reservation under the government and educational institutions.

Conclusion-

The LGBT community faces a lot of problems such as the gender discrimination, physical and mental harassment not only at the work place, but also at other places including their locality, training institutes, educational premises, etc. As people have different preferences for what is understood as normal, they are treated differently

As the rights explained above, if they are violated, you have the right to seek remedies provided by the law of land. Hence, in such a situation, you are advised to seek legal opinion from an experienced Lawyers In Ghaziabad. Lead India offers you legal assistance or advice as the need be in your case, from a wide pool of experienced advocates who have been successfully dealing with similar cases for years. 

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