International Journal of Research e-ISSN: 2348-6848 p-ISSN: 2348-795X Available at https://edupediapublications.org/journals Volume 04 Issue 10 September 2017
A Study On Rights Of Lgbt And Transgender Community – Human Rights Perspective Tarunika.J Iii Year Bba.Llb, Saveetha School Of Law, Saveetha University.
INTRODUCTION:
At first there are some basic terminologies passed after the support of all political which are to be known before going into this parties in Rajya sabha. It gave rights akin concept. Basically the word ‘sex’ is the SC/ST’s who get enrolled in the schools something which is a cursory examination and jobs in government which is a perfect that is assigned by birth. The word ‘gender’ way to protect then against sexual abuse. is the one that reflects the social or cultural But at recent times there is a conflict that the difference rather than biological reflection, transgender who were given the identity of which in simple words can be said as state third gender are been sent for of being male or female. The other term reconsideration. ‘sexual orientation’ is the feeling of Though there are some negatives, the emotional or sexual attraction for others. government has made Sec 377 of Indian The Constitution of India has given the right Penal Code as unconstitutional. The Chapter to life and personal liberty in Article 21 as a XVI of the Indian Penal Code which deals fundamental right conferred to all people about Offences affecting human body in within the territory of India. And by this it which section 377 of Indian Penal Code can be said that even the people belonging to deals with unnatural offences which defines transgender and the LGBT community shall unnatural offences as “whoever voluntarily exercise this birth right. has carnal intercourse against order of nature with any men, women or animal, shall be The DMK politician Thiruchi Siva had punished with imprisonment for life, or moved a popular bill on Aug 2, 2015 which imprisonment of either description for term was in regard to the reservation of the which may extend to ten years, and shall transgender community people. The bill was also be liable to fine”. As explained in the
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International Journal of Research e-ISSN: 2348-6848 p-ISSN: 2348-795X Available at https://edupediapublications.org/journals Volume 04 Issue 10 September 2017
explanation clause penetration is sufficient Nations in 2012, the organization has been to constitute intercourse necessary to the working for a progressive result towards the offence described in this section. rights of LGBT being included in the basic Human Rights. RIGHTS OF LGBT AND UNIVERSAL CONVENTIONS: RELIGIOUS OPPOSITION:
The Chapter 1 of United Nations, 1945 para A person from The Cathedral Church of the 3 of Article 1 deals with the encouragement Redemption shared his view that the and promotion of respect for the spiritually, sexual relations of a human can fundamental freedoms and human rights. In be identified as those shared by a men and a Article 2 of Universal Declaration of Human women. And homosexuality has an Rights, 1945 it is said that in this declaration unnatural nature. everyone are entitled to rights and freedoms Rabbi Ezeikel Issac Malekar, the head of without distinction of any kind. Jewish community and the honorary
As by the statement of Hilary Clinton who secretary of the Judah Hyam Synagogue said was the United States Secretary of State that homosexuality is not permitted in any during the Human rights day addressed to scripture of Judaism. the United Nations in Geneva on Dec 6, The Vice President of the World Hindu 2011 – one among the challenges in human council called ( known as Vishwa Hindu rights before the world today is the dignity Parishad ) said that homosexuality is against and equality of community of LGBT. The our Indian culture and this is also against outline can be concluded as jeopardize nature and science . But there is no such nature of this invisible minority who has saying in the Hindu texts that homosexuality been violated their freedom of human rights. as sin. There is nothing said as
As per the conclusion of the declaration of homosexuality as a religious sin in United Nations, there are about 30 countries Hinduism. that have decriminalized homosexuality in The organization of Indian Islamic scholars the past 20 years. By the report of United has said that practicing homosexuality is a
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International Journal of Research e-ISSN: 2348-6848 p-ISSN: 2348-795X Available at https://edupediapublications.org/journals Volume 04 Issue 10 September 2017
crime according to scriptures and it is counseling and medical services to those unnatural. He also says that people can not risk population. make themselves exclusive of a society, Humsafar trust where a society consists of a family and a The Humsafartrust is another Indian based family is said be so when it contains of men NGO in Mumbai that promotes and and women and not women and women or a safeguards the right of LGBT community. men and men. And as a result he says that The Humsafar trust is the convenor member the society will disintegrate when of INFOSEM (Integrated Network for homosexuality is a prevalent condition. 1 Sexual Minorities). This is the largest and it THE RECOGNISED LGBT is one of the most active organisation in ASSOCIATIONS: India. It helps the LGBT community people in giving health care, counseling and NAZ foundation (India) trust advocacy for the reduction of violence and The original NAZ foundation was setup first discrimination against them. in London during 1990’s. This was setup after the poor service of the government on REFORMS NEEDED TO solving the matters of HIV/AIDS. IMPROVE SITUATION:
Udaan trust Legal measures: This is an NGO which traces origin in As per the Constitution of India, all the Maharashtra, India. It was the first persons within the territory of India are organisation which was started by given right to life and personal liberty by homosexuals living with HIV/AIDS. They Article 21 and they are also given all the focus on sexual health of homosexuals and fundamental rights such as right to freedom transgender community. They conduct of speech by Article 19, right to freedom of equality by Article 14 etc.. Thus all these rights are conferred to all the citizens of
1 http://www.dnaindia.com/india/report-rare-unity- India and hence the LGBT and the religious-leaders-come-out-in-support-of-section- Transgender are also need to be given equal 377-1933612
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International Journal of Research e-ISSN: 2348-6848 p-ISSN: 2348-795X Available at https://edupediapublications.org/journals Volume 04 Issue 10 September 2017
privilege as the other two genders. In most know about what really their problem is, of the places the transgender face they can change the society’s perception discrimination and they are about to towards them. They should be given problems of untouchability. Also the rights education of what gender and sex really of those people should be considered in means. All the persons should know that matters like passport, ration card, to inherit these are all only about the biological factor the property of their parents etc. that human can’t change. And also the transgendered should be given opportunities Police reforms: in all fields of employment and education. There should be a standing committee that The social media and film industry can bring contains loyal social activists, station house Change in perception of the people. And so, officer and a human rights officer who will they should start screening them with their promptly investigate into the matters originality unlike exhibiting them as sex relating to the abuse of LGBT and workers and such vulgar persons. By this the Transgender community people. There society can have a good perception towards should also be a transparency in dealing the those people and their life may also bloom case of Kothi’s and Hijras, maintained by as a bud with all potential.2 the police men in public places. If in case of those persons sent to jail, there should be some safety measures for them because they SCHOOLS AND COLLEGES may face abuse by the other convicts in the WITH IN-CAMPUS LGBT jail premises. The Hijras and Kothi’s should SUPPORT INDIA get respect and rights equally as other humans and in case of any ill treatment in Tagore international school : public place, the police should involve and This is a school in Delhi that supports LGBT render them justice. community actively take steps to support Other measures: them with blogs and tweets about them with The knowledge of Hijras and kothi should 2 http://iasscore.in/national-issues/transgender- be given at the school level. As the students rights-in-india
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International Journal of Research e-ISSN: 2348-6848 p-ISSN: 2348-795X Available at https://edupediapublications.org/journals Volume 04 Issue 10 September 2017
positive approach and also organize such community to interact with the student events. The name of the Group they’ve community in this group and they also host formed is BREAKING BARRIERS. Queer film festivals.
Jawaharlal Nehru University IIT Roorkee The queer group from Jawaharlal Nehru The queer and gender support group in IIT University is Dhanak that shares important Roorkee is QAGAAR (Queer And Gender informations and it also hosts events and Advancemet Alliance Roorkee). They have debates. The group has a colourful meaning a Facebook page that reads “Come Join us for having such name, where Dhanak means as we stand in the verge of a promising ‘rainbow’ where seven colours of rays of future”. light unite under a single name Rainbow and IIT Gandhinagar this is the one which decorates the sky when The active group in this campus is Orenda sun and rain unites the same time. which means a supernatural force that is
IIT Bombay present in all objects or persons and it is also bene believed to be the spiritual force by When it comes to an institute they are the which the human accomplishment is most proactive group who talks about achieved. LGBTIQ and the most active in advocacy. IIT Delhi They also conduct events inside and also The group that actively works for LGBT they come up with regular events and there rights in IIT Delhi is Indradhanu. This is a are series in you tube to break the linguistic group that supports sexuality and gender barriers. diversity. It also serves the needs of LGBT
IIT Kharagpur and they create a positive space between students for the LGBTQ people. This helps This is a campus with lots of bursting to discover, safeguard, comfort and promote energy. The active group of IIT Kharagpur a confidential environment. is ‘Ambar’. Ambar invites the queer BITS Pilani
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International Journal of Research e-ISSN: 2348-6848 p-ISSN: 2348-795X Available at https://edupediapublications.org/journals Volume 04 Issue 10 September 2017
The active group of BITS Pilani is Anchor. https://en.wikipedia.org/wiki/Transgender_r There is a special moto of their group as in ights_in_Tamil_Nadu their FaceBook page, it resembles a http://www.deccanherald.com/content/4653 summary. The summary is the intent of the 45/govt-bring-policy-transgenders.html group, it is – “Here’s hoping that this small effort will create a difference, with the https://en.wikipedia.org/wiki/Section_377_o realization that if this forum helps even in f_the_Indian_Penal_Code#cite_note- person in any which way, we can all revel in Indian_Express-2 the joy of setting ourselves on this daunting http://www.dnaindia.com/india/report-rare- task of changing the mindsets of thousands unity-religious-leaders-come-out-in-support- of students and faculty and consider it a job of-section-377-1933612 well done.” http://www.livemint.com/Politics/FHDQ9y IISc Bangalore B2jRJMsOlNCQrkgL/Supreme-Court-to- QUASI (Queer and Straight at IISc is the rule-on-legality-of-gay-sex-today.html active group which raises awareness about http://iasscore.in/national- sexual and gender diversity this also creates issues/transgender-rights-in-india a supportive network for those with sexual and gender minorities. This group http://www.thehindu.com/specials/in- constitutes lot of people who are of UG, depth/LGBT-rights-the-journey-till- Masters and PhD graduates. This group is an now/article14056726.ece extension of larger community at IISc and http://gaysifamily.com/2016/04/28/26470/ its neighbouring institutes like NIAS, NCBS AND JNCASR.3
REFERENCE:
3 http://gaysifamily.com/2016/04/28/26470/
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