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Human Rights of LGBTQ in
India
Constitutional and Judicial approach
Author’s details
Sakshi , student BALLB.,9th
Semester,LR institute of legal
studies,Solan
Purvi ,student BALLB.,9th
Semester,LR institute of legal
studies,Solan
Introduction
“they are not Aliens,they are people and they have rights”
• Human rights are fundamental rights and freedoms that every person
is entitled to.
• Human rights of LGBTQ people are an important aspect of broader
human rights framework.
• LGBTQ individuals have the same rights as anyone else and they
should not face any kind of discrimination based on their sexual
orientation or gender identity.
• Many countries see’s them as a social stigma, regardless of this the
average level of acceptance of LGBTQ people has increased since
1980.
Concept of Human Rights
• Human Rights are Basic freedom liberties and protection to which all
the persons entitled.They do not differ in times of war and peace
• Human rights are provided to every individual by virtue of being
human
• Examples –Legal rights , economic rights, political rights,etc
Development of Human Rights.
• Ideas about justice, equality and individual framework laid the ground
work for modern human rights.
• Development of human rights can be traced during different
civilization in ancient times.
Presentation (1).pptx Human rights of LGBTQ people in India, constitutional and judicial approach
Homosexuality
Homosexuality is derived from two words .
Homo – same
Sexualiry – sexual orientation
Homosexuality refers to a person’s romentic, emotional and sexual
attraction to individual of the same sex
In some ancient civilizations, homosexuality was accepted or even
celebrated, while in other it was stigmatize .
Presentation (1).pptx Human rights of LGBTQ people in India, constitutional and judicial approach
Presentation (1).pptx Human rights of LGBTQ people in India, constitutional and judicial approach
Internal factors :- biological and psychological Factors, plays a
significant role in homosexuality. Research indicates that people who
hold positive attitude towards homosexuality tends to believe that its
roots are biological.Controversely , those with negative attitude often
think it is a matter of personal choice.
External factors
1. Lack of masculinity
2. Lack of faith in relationship
3. Mental trauma From childhood
4. Rejection from family
Factors leading to homosexuality.
Violation of Human rights of LGBTQ People
• Violations of LGBTQ+ human rights involve discrimination,
harassment, and prejudice based on sexual orientation or gender
identity. Such violations encompass denial of equal legal protections,
healthcare access, and employment opportunities, leading to
profound social injustices and disparities in many societies
worldwide.
• In some countries,same sex relationships are criminalized , leading to
arrest, imprisonment and even to death penalty.
Indian History of LGBTQ Community in India.
• According to Devadutta : In ancient India, there were 50
words for non hetrosexual genders and sexualities in
Sanskrit, prakriti and Tamil – Napunska ,kilba ,kinnara
etc.
• Rigveda : “विक
ृ वि एिम् प्रक
ृ वि” , conveys the idea that
what may appear unnatural is , in fact a part of nature
itself .
• Kamasutra: Lesbian were referred as “ स्वरिवि”
Numerous gods and goddesses
in Hindu religion and folk tales
are dipicted both as man and
women at various time .
For example
अर्धनािेश्वि : formed by the union
of lord Shiva and his wife
Parvati.
Khajuraho temple in madhya
pradesh constructed in 12th
century know for its unique
sculptures showcasing the
existence of sexual fluidity
between homosexuals .
• In Vedas , The िृविय प्रक
ृ वि or ‘ third gender’ , is clearly
mentioned alongside the traditional male and female
genders.
• The Bhagvad Gita in verse 22 of Chapter 13 says , “ In
Everybody exists the devine who see’s, directs , support’s
and appreciate all that body experience’s.
Social Acceptance of LGBTQ community on
international level
• The country where LGBTQ rights are recognised and legal
Netherland –first country to legalized same sex marriage
, Belgium-2003, Canada and Spain -2005
Across 175 nations exhibit significant discrimination
Some country where homosexual acts are allowed in some jurisdictions
United Kingdom ,Mexico,and United States
• Countries where LGBTQ rights are illegal
There are around 79 Plus country in the world with anti homosexuality
laws and which decriminalized homosexuality
• Nation with death penalty
10 nation have death penalty against homosexual or gay
activities most of these countries have laragMuslim population
According toh state sponsored homophobia report from ILGA –
in relation to death penalty 8 state officially legislate fir it but
only five implement it (ie,Sudan ,Yemen ,and soudiarabia )
According to BCCs report in 2007 more then dozen nigerian
Muslim were sentenced to death by stoning full sexual offences
including adultery and homosexuality.
Rights of LGBTQ community according to
Indian constitution
• Artical 14 of Indian constitution ensure, “equality before law” The
state shall not deny to any person equality before the law or the
equal protection of the law within the territory of India
• Artical 15 of the India constitution ensure “The state shall not
discriminate any citizen on the ground of religion, caste,sex, place of
birth or any of them .
• Artical 39(d) ensure eqaul pay for equal work done by any sex
• Artical 16(2) state that no citizen shall be discriminated against in any
employment or office under the state on the basics of gender.
Role of Indian judiciary with regard to
discriminalizing section 377
• Section 377 unnatural offence – whoever voluntarily intercourse
against the order of nature with any men ,women and animals shall
be punished with life imprisonment,imprisonment which can extend
to ten years or with fine .
• Judgements where courts supposed the homosexual activity as
natural one
• The naz foundation case
In this case constitutional validity was challenged petitioner agruged
that section 377 is clearly violate article 14 ,15 and 21 of Indian
constitution this section continuously affecting fundamental rights.
• In this case the Delhi High court stated that if two person of same sex
performing Sexual activity with there own consent it will note amount
as a crime
• Navtej Singh Johar case – It is a land mark case decided by superme
court on sep 2018 the supreme court ruled that section 377 is
discrimatory and unconstitutional the .Supreme court recognised that
sexual orientation is an inherent and unchangeable aspect of persons
identify discrimination based on sexual orientation was deemed to be
a voilation of fundamental rights including The right toh equity and
privacy
Present scenario
• Awareness and visibility of LGBTQ has increased in urban areas of
India and there was growing acceptance in some segment of
society.pride prades and LGBTQ+ events where being organised in
major cities like Mumbai,Delhi and Bangalore . Despite the legal
victory, discrimination and stigma against LGBTQ continue to exist
particularly in rural area ..
Conclusion
• The consequences of homosexual people face .the of the judiciary,it
can be said that hon’ ble courts have played a important role in
making the status of LGBTQ people equal to the hetrosexual.people
of LGBTQ community are not allian they are human like us and they
have rights and they should not be deprived of such rights which are
available to broader population of the society ..

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Presentation (1).pptx Human rights of LGBTQ people in India, constitutional and judicial approach

  • 1. Human Rights of LGBTQ in India Constitutional and Judicial approach
  • 2. Author’s details Sakshi , student BALLB.,9th Semester,LR institute of legal studies,Solan Purvi ,student BALLB.,9th Semester,LR institute of legal studies,Solan
  • 3. Introduction “they are not Aliens,they are people and they have rights” • Human rights are fundamental rights and freedoms that every person is entitled to. • Human rights of LGBTQ people are an important aspect of broader human rights framework. • LGBTQ individuals have the same rights as anyone else and they should not face any kind of discrimination based on their sexual orientation or gender identity. • Many countries see’s them as a social stigma, regardless of this the average level of acceptance of LGBTQ people has increased since 1980.
  • 4. Concept of Human Rights • Human Rights are Basic freedom liberties and protection to which all the persons entitled.They do not differ in times of war and peace • Human rights are provided to every individual by virtue of being human • Examples –Legal rights , economic rights, political rights,etc
  • 5. Development of Human Rights. • Ideas about justice, equality and individual framework laid the ground work for modern human rights. • Development of human rights can be traced during different civilization in ancient times.
  • 7. Homosexuality Homosexuality is derived from two words . Homo – same Sexualiry – sexual orientation Homosexuality refers to a person’s romentic, emotional and sexual attraction to individual of the same sex In some ancient civilizations, homosexuality was accepted or even celebrated, while in other it was stigmatize .
  • 10. Internal factors :- biological and psychological Factors, plays a significant role in homosexuality. Research indicates that people who hold positive attitude towards homosexuality tends to believe that its roots are biological.Controversely , those with negative attitude often think it is a matter of personal choice. External factors 1. Lack of masculinity 2. Lack of faith in relationship 3. Mental trauma From childhood 4. Rejection from family Factors leading to homosexuality.
  • 11. Violation of Human rights of LGBTQ People • Violations of LGBTQ+ human rights involve discrimination, harassment, and prejudice based on sexual orientation or gender identity. Such violations encompass denial of equal legal protections, healthcare access, and employment opportunities, leading to profound social injustices and disparities in many societies worldwide. • In some countries,same sex relationships are criminalized , leading to arrest, imprisonment and even to death penalty.
  • 12. Indian History of LGBTQ Community in India. • According to Devadutta : In ancient India, there were 50 words for non hetrosexual genders and sexualities in Sanskrit, prakriti and Tamil – Napunska ,kilba ,kinnara etc. • Rigveda : “विक ृ वि एिम् प्रक ृ वि” , conveys the idea that what may appear unnatural is , in fact a part of nature itself . • Kamasutra: Lesbian were referred as “ स्वरिवि”
  • 13. Numerous gods and goddesses in Hindu religion and folk tales are dipicted both as man and women at various time . For example अर्धनािेश्वि : formed by the union of lord Shiva and his wife Parvati.
  • 14. Khajuraho temple in madhya pradesh constructed in 12th century know for its unique sculptures showcasing the existence of sexual fluidity between homosexuals .
  • 15. • In Vedas , The िृविय प्रक ृ वि or ‘ third gender’ , is clearly mentioned alongside the traditional male and female genders. • The Bhagvad Gita in verse 22 of Chapter 13 says , “ In Everybody exists the devine who see’s, directs , support’s and appreciate all that body experience’s.
  • 16. Social Acceptance of LGBTQ community on international level • The country where LGBTQ rights are recognised and legal Netherland –first country to legalized same sex marriage , Belgium-2003, Canada and Spain -2005 Across 175 nations exhibit significant discrimination Some country where homosexual acts are allowed in some jurisdictions United Kingdom ,Mexico,and United States • Countries where LGBTQ rights are illegal There are around 79 Plus country in the world with anti homosexuality laws and which decriminalized homosexuality
  • 17. • Nation with death penalty 10 nation have death penalty against homosexual or gay activities most of these countries have laragMuslim population According toh state sponsored homophobia report from ILGA – in relation to death penalty 8 state officially legislate fir it but only five implement it (ie,Sudan ,Yemen ,and soudiarabia ) According to BCCs report in 2007 more then dozen nigerian Muslim were sentenced to death by stoning full sexual offences including adultery and homosexuality.
  • 18. Rights of LGBTQ community according to Indian constitution • Artical 14 of Indian constitution ensure, “equality before law” The state shall not deny to any person equality before the law or the equal protection of the law within the territory of India • Artical 15 of the India constitution ensure “The state shall not discriminate any citizen on the ground of religion, caste,sex, place of birth or any of them . • Artical 39(d) ensure eqaul pay for equal work done by any sex • Artical 16(2) state that no citizen shall be discriminated against in any employment or office under the state on the basics of gender.
  • 19. Role of Indian judiciary with regard to discriminalizing section 377 • Section 377 unnatural offence – whoever voluntarily intercourse against the order of nature with any men ,women and animals shall be punished with life imprisonment,imprisonment which can extend to ten years or with fine . • Judgements where courts supposed the homosexual activity as natural one • The naz foundation case In this case constitutional validity was challenged petitioner agruged that section 377 is clearly violate article 14 ,15 and 21 of Indian constitution this section continuously affecting fundamental rights.
  • 20. • In this case the Delhi High court stated that if two person of same sex performing Sexual activity with there own consent it will note amount as a crime • Navtej Singh Johar case – It is a land mark case decided by superme court on sep 2018 the supreme court ruled that section 377 is discrimatory and unconstitutional the .Supreme court recognised that sexual orientation is an inherent and unchangeable aspect of persons identify discrimination based on sexual orientation was deemed to be a voilation of fundamental rights including The right toh equity and privacy
  • 21. Present scenario • Awareness and visibility of LGBTQ has increased in urban areas of India and there was growing acceptance in some segment of society.pride prades and LGBTQ+ events where being organised in major cities like Mumbai,Delhi and Bangalore . Despite the legal victory, discrimination and stigma against LGBTQ continue to exist particularly in rural area ..
  • 22. Conclusion • The consequences of homosexual people face .the of the judiciary,it can be said that hon’ ble courts have played a important role in making the status of LGBTQ people equal to the hetrosexual.people of LGBTQ community are not allian they are human like us and they have rights and they should not be deprived of such rights which are available to broader population of the society ..