Wednesday, 2 February 2022

Rights of LGTBQ of persons in India

 Rights of LGBTQ Persons in India – Evolution and

Comparison

With the youth becoming more conscious of their rights through information

exchange via social media, online education platforms, and use of internet in

general, the world is heading rapidly towards individualism from collectivism.

Individualism is defined as “a belief that individual people in a society should

have the right to make their own decisions, etc., rather than being controlled

by the government.”

The idea of individualism has ignited a wildfire in almost all corners of the

world, emphasizing on recognition of human rights, right to equality, right to

freedom of speech and expression, among many others. The human rights of

lesbian, gay, bisexual, transgender and questioning (LGBTQ) people is an

important issue that has gained sharp focus through this movement.

The idea of human rights rests on the premise that all humans are equal. It

revolves around the belief that all humans have dignity and anything that

violates such dignity is a violation of the basic fundamentals of humanity. Most

constitutions across the world recognise the idea of such fundamental rights

that guarantee equality, freedom, and personal liberty. Such rights have been

successfully enforced in democracies such as the United States and India.

Despite this, many societies in the world continue to hold a bias against the

people from the LGBTQ community, subjecting them to grave inequality and

discrimination.

Evolution of Laws Related to Homosexuality in India

I. A Brief History:

Historically, same-sex relations and gender fluidity have been prominently

featured in ancient Indian texts and sculptures. The law criminalizing

homosexuality was formally introduced to India in 1862 by the British colonial

rulers when they included it under “unnatural offences” in section 377 of the

Indian Penal Code. This law punishing anyone who voluntarily had “carnal

intercourse against the order of nature” with any man or woman, continued to

be the biggest impediment to the full expression of sexuality and personhood

of LGBTQs in India even in the 21st century.

By this time, many countries in the world had shed their colonial and archaic

yoke รข€“ starting with the Netherlands, which became the first country to

legalise homosexuality in 1811 itself. England too decriminalised

homosexuality in 1967.


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