Rights Of LGBTQ And Judicial Pronouncements

Dr (Lt Col) Anil Balhera, Asst Professor, Dept of Laws, BPS Women University, K.K, Sonepat, Haryana, India

ABSTRACT

The idea of having human rights mainly means that all human beings have dignity and they should be treated equally. Anything which undermines the dignity of a human violates the equality principle and it leads to discrimination. The rights of LGBTQ community are coming into spotlight worldwide with legal advancement in many countries. This advancement includes the adoption of new legal protection for this community. Sexual orientation and gender equality are the intrinsic part of our personality and it should never be a basis for discrimination. In many countries the LGBTQ people face daily violence and discrimination. Denying, these people, the legal rights on the basis of sexual orientation leads to discrimination. The human rights are the ray of hope for these people on this planet. Today, the most of the continents are legalizing the same-sex marriages, giving them freedom of speech and expression. In Indian context, the preamble of the Indian constitution mandates justice - social, economic and political for all, Article 14 of Indian constitution guarantees “equality before law” and “equal protection of law” which includes LGBT community too.

LGBTQ teenagers are more probable than cisgender and heterosexual youth to experience without habitat, unstable accommodation, and homelessness or live in foster care frequently due to family rejection or society rejection. Indeed, HRC Foundation’s 2018 Report on 2 LGBTQ Youth has texted how over and over LGBTQ individual face family rejection, as 67% of People stated that their family makes negative remarks about LGBTQ people. Thus, present research intends to explore the rights of LGBTQ and examine related cases and their judgements in Indian scenario. According to Rosario, Scrimshaw, Hunter, Braun (2006) “I call myself bisexual because I acknowledge that I have in myself the potential to be attracted romantically and sexually to people of more than one sex and or gender, not necessarily at the same time, not necessarily in the same way and not necessarily to the same degree”.

Keywords: LGBTQ, IPC, Rights, cases and judgements.