Connecting The Missing Chain Of Efficient Equality: Steps To Ensure The Absolute Rights Of The LGBTQ Community
Surya Prakash, B.A, LL. B (Hons.), Delhi Metropolitan Education, Noida
ABSTRACT
The objective of the researcher is to deal with the crucial aspects of the law related to the LGBT(lesbian, gay, bisexual, transgender) community, analyse the legal position of protection of the transgender community, and study marriage and adoption provisions for them. The researcher believes that even after getting independence, trans genders have not got independence of thought, the right to equality, the right to marriage and the right to adopt. There is no particular statute dealing with the adoption provision of the transgender community and there is a lacking in the cultural and legal acceptability of these communities.
Even after the recognition of transgender as the third gender. LGBTQ people are fighting for their civil rights and they continue to face discrimination in all aspects of life whether in jobs, education and socialisation. The acceptance of their sexuality and gender choice still remains a constant struggle for LGBTQ people within the boundaries of their family, home and school. People of the transgender community are still struggling for equal rights and acceptance in society.
We are stuck in the binary of male and female. The central government has opposed petitions to legalize same-sex marriages. In recent years Allahabad HC held that right to choose a partner of choice is a fundamental right. The right to life and liberty of an individual is guaranteed under Article 21 of the constitution of India. The right to live with a person of his/her choice irrespective of their religion is intrinsic to Article 21 of the Indian Constitution.
The researcher also believes that our legal system is still lacking to ensure absolute equality for them. What we need at this moment is to ensure absolute equality. Instead of quoting the incapability of our legal system, we need to come up with new legislation in order to ensure unconditional equality. The researcher has given his recommendation at the end of the research so as to ensure the absolute rights of the LGBT community.
