The LGBTQI+ and homosexual communities are still facing the
inequality, prejudice even after the Supreme Court’s judgment on
decriminalization of gay sex by striking down the oppressive Article-377 from
the Indian Penal Code.
Striking off the 158-year-old provisions of Section – 377 of
the IPC, that criminalized gay sex being termed as irrational, indefensible and
manifestly arbitrary by the apex court and was considered to be violating the
right to equality and dignity. The judgment further opined that the LGBTQ community has a full range of constitutional rights that includes sexual
orientation, and partner choice.
The legalization versus acceptance- An overview
The majority of Indian laws fall inside the boundaries of family
laws that also include the laws pertaining to surrogacy, adoption,
guardianship, and adoption. As the LGBTQI+ community is excluded from the right
to marriage, their access to these laws is rather very limited.
Even the Central Adoption Resource Authority or CARA
regulations allow couples who have married for two years and a single woman can
adopt a child and there is no mention of same-sex couples in these policies.
The surrogacy (Regulation) Bill that the Union Cabinet
approved stated that altruisticsurrogacy is allowed but that does not include live-in couples, most single
parents and LGBTQI+ community.
The road ahead – What can be done to pace up the rights
of LGBTQI+ community
The need for raising awareness about the rights of the
LGBTQI+ community is the need of the hour. In addition, same-sex marriages
should be taken as a norm. The media and television industry should come
forward to raise awareness and in encouraging homosexual marriages through TV
shows and movies.
Corporate firms or companies must come forward in giving
employment opportunities to LGBTQI+ communities. The older generation should
also play a key role in educating the younger generation about accepting the
LGBTQI+ community as part and parcel of society.
However, it cannot be denied that there is still a long way
to go to make changes in the mindset of the society in accepting the rights of
LGBTQI+ community.
