Sadhana Sai Bhaskar, School of Law, Sastra deemed University, Thanjavur
ABSTRACT
Imagine being punished for merely existing. Imagine having to fear for your life just because you don’t fit into the norms of gender. Imagine not feeling comfortable in your own body or skin and not having the power to change it. The LGBTQ+ community has been chastised for centuries merely because they have a different sexual orientation or gender identity. Unfortunately, they have had to face hate and discrimination in all walks of their lives. This article aims to analyse the long struggle of the LGBTQ+ community for their fundamental rights and the discrimination they have had to face. It dwells on how even after the decriminalisation of Section 377 in 2018, the LGBTQ+ community still has not been accepted in society, and how the government has not taken any steps to uplift them. The paper finally looks into how the community is treated in the workplace and how the available laws, such as The Equal Remuneration Act of 1976, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and the Transgender Persons (Protection of Rights) Act, 2019, and Rules, 2020, are inadequate in addressing the problems faced.
Keywords: LGBTQ+ community, workplace, equality, section 377
