Analysing The Inclusion Of Queer Identities In Indian Anti-Sexual Harassment Law

Vikshita Poojary, Shree L.R. Tiwari College of Law

The Universal Value Principle of "Leave No One Behind" advocates for addressing discrimination, vulnerability, and inequalities in all forms regardless of, race, gender, geography, or age.1 In formulating a policy we tend to rely on variables, metrics and assumptions that may not necessarily reflect the ground reality. Which in turn creates a stir in the communities affected. Upholding the core essence of this principle, it is the prerogative of the State to include individuals irrespective of the overlapping and interdependent variables that discriminate amongst us.

Often LGBTQ+ individuals’ have long been overlooked in various national and international policies. LGBTQ+ persons’ experience exclusion, abuse, and discrimination in workspaces or during a job search. Transgender persons, in particular, face significant barriers in employment, access to health care, access to housing, and personal safety. As a result of which, making them susceptible to violence and discrimination.2 While transgender and gender non-binary people face more discrimination because of their gender identity and gender expression, other members of the LGBTQ+ community are equally vulnerable to SOGIE-based discrimination in the workplace.3