Sudhanshu Mishra, Vaishnavi A. Kulkarni & Bhushan M. Yadav, Maharashtra National Law University, Aurangabad
ABSTRACT
The major focus of the paper is towards the Human rights of the LGBTQ community people and the discrimination which they go through on a daily basis.
The paper is also dealing with the contemporary issues faced by the people from the LGBTQ community along with focusing on the global situation of their gender as well. The Transgender Persons (Protection of Rights) Act, 2019 is the statute making and implementing laws in relation to that of the LGBTQ community and their rights.
The date of September 6, 2018 marked the beginning of a new era for the betterment of the LGBTQ community people and helping them with the much awaited decision of the Supreme Court in the Navtej Singh and Ors. Vs. UOI1, commonly known as the Navtej Johar Case, this case led to the striking down of some parts of Section 377 of the Indian Penal Code2, the provisions of which earlier criminalized sexual intercourse which was against the order of nature, and thus it was considered as an unnatural form of sexual intercourse, and therefore it came under the statement of unnatural offences for which punishment was prescribed in the Indian penal code.
Thus, after this historic judgment, the Supreme Court decriminalized the provision and permitted sexual intercourse between the adult and consenting members of the LGBTQ community3.
Keywords: LGBTQ Community, human rights, gender, discrimination, Transgender Persons (Protection of Rights) Act, 2019
