The legal battles for LGBTQIA+ rights and recognition

LGBTQIA+ encompasses lesbian, gay, bisexual, transgender, queer, intersex, asexual, and more. These individuals, who defy cisgender heterosexual "norms," formed what was initially known as the gay community. However, recognizing the exclusive nature of the term "gay" for men, the more inclusive LGBTQIA+ community emerged in the mid-1980s.

Lesbians are women who have a sexual attraction to exclusively other women. Someone who is bisexual is someone who is attracted to both men and women. 

Gay people are individuals who are attracted to others of the same sex.

Bisexual individuals possess the capacity for attraction to both men and women. They navigate a spectrum of desire that encompasses the diverse magnetism of both genders.

Transgender individuals have a gender identity or expression that differs from the gender given to them at birth. Some transgender people who seek medical help in transitioning from one gender to another.

Queer individuals are those whose sexual orientation or gender identity falls outside the bounds of conventional societal expectations, embracing a diverse and individualistic expression of self.

Intersex refers to a person who is born with biological or physical characteristics that don't fit typical definitions of male or female.

Asexual refers to a sexual orientation where a person experiences little or no sexual attraction to others. Asexual individuals may still experience emotional, romantic, or affectionate feelings toward others

The "+" sign in LGBTQIA+ represents inclusivity and acknowledges the diversity of sexual orientations, gender identities, and expressions that may not be explicitly covered by the main acronym. It is a way to encompass and recognize the evolving and expansive nature of the LGBTQIA community.

History

The acknowledgment of the third gender finds roots in Hindu scriptures, such as the Mahabharat, where characters like Shikhandi underwent gender transformations. Shikhandi, born female, later identified as a man and entered into a marriage with a woman.

Hijras, a gender identity recognized in Hinduism, consider the fertility goddess Bakhchara Mata as their patron saint. While texts like Naradasmti and Sushruta Samhita acknowledge homosexuality as unchangeable, Manusmriti, another Hindu scripture, imposes severe punishment for the same.

Interestingly, the rich tapestry of India's cultural evolution includes the 1999 Kolkata Gay Pride Parade, named Calcutta Rainbow Pride, which marked the country's first acknowledgment and celebration of LGBTQIA+ identities. Despite its humble beginning with just 15 participants, it signified a significant step towards inclusivity and acceptance in the nation.

Discrimination against LGBTQAI+ individuals

LGBTQIA+ persons encounter numerous problems in a society where only heterosexuality is accepted and anything else is deemed aberrant. Abuse is a part of such people's daily lives, and they are subjected to it virtually every day. They are more prone than heterosexuals to face intolerance, discrimination, harassment, and threats of violence as a result of their sexual orientation.

In many nations, same-sex couples do not have the same rights as heterosexual couples. Their rights are violated. As a result, individuals endure discrimination and are refused access to social security programmes including health care and pensions.

Under international human rights legislation, we are all protected from discrimination based on our sexual orientation, gender identity and/or expression, and sex characteristics.

In practice, however, authorities in many countries that have signed international treaties pledging to protect human rights continue to implement and introduce legislation that targets and discriminates against individuals based on their sexual orientation or gender identity and expression.

There are 64 countries in the globe that have anti-homosexual legislation, many of which may be traced back to European colonialism. People who participate in consensual same-sex sexual acts might face the death penalty in various countries, including Brunei, Iran, Mauritania, Saudi Arabia, Yemen, Uganda, and northern Nigeria.

Discrimination extends beyond being criminally punished for being LGBTQIA+, and can include limited access to healthcare, trouble finding a job, workplace bullying or harassment, and much more.

Case Study of Navtej Singh Johar v. Union of India:

Background:

In India, there has been a rise in LGBTQAI+ rights demonstrations following the submission of a petition to the Supreme Court challenging the constitutional validity of Section 377 of the Indian Penal Code. Notable figures, including hotelier Keshav Suri, Ritu Dalmia, and dancer Navtej Singh Johar, among others, have been associated with these protests.

Arguments:

It was argued that Section 377 infringed upon constitutional rights, including the right to privacy, freedom of expression, equality, human dignity, and protection against discrimination.

Judgement:

A five-judge Bench partially invalidated Section 377 of the Indian Penal Code, thereby decriminalizing consensual same-sex relations among adults. The court determined that Section 377 constitutes discrimination based on sexual orientation and/or gender identity, thereby contravening Articles 14 and 15 of the Constitution. Additionally, they held that Section 377 infringes upon the rights to life, dignity, and autonomy of personal choice as guaranteed by Article 21.

The court emphasized that sexual orientation is a crucial aspect of one's self-identity, and rejecting it amounts to denying the right to life. It was noted that even though the LGBTQ+ community constitutes a small portion of the population, this cannot justify denying them their fundamental rights.

While discussing the decision, the court expressed strong criticism, describing it as illogical, capricious, and clearly unlawful. Additionally, it was stressed that discrimination based on sexual orientation is unconstitutional, as supported by scientific and biological evidence highlighting it as a natural phenomenon.

Conclusion:

While considerable strides have been achieved in LGBTQIA+ rights, and societal attitudes toward LGBTQIA+ individuals have evolved positively over recent decades, the enduring repercussions of anti-LGBTQIA+ prejudice and discrimination persist as a serious concern. Efforts to transform these attitudes must persist, underlining the importance of sustained advocacy and education. LGBTQIA+ affirmative social scientists, educators, and practitioners play a crucial role in advancing this cause by contributing to a comprehensive knowledge base. 

This knowledge not only aids in dispelling misconceptions but also forms the foundation for informed discussions and policy changes. The ongoing commitment to fostering understanding and acceptance is vital for creating a society where LGBTQIA+ individuals can live free from discrimination, ensuring that progress towards inclusivity and equality continues to shape the cultural landscape.