INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433) VOLUME I ISSUE IV (SEPTEMBER 2020) Email – [email protected] Website – www.ijlra.com 56565656565651 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue IV is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 A WORD FROM THE TEAM IJLRA:(ISSN: 2582-6433) is proud to complete its Volume I Issue IV. The current issue consists of articles, short notes, case comments, legislative comments and book reviews, contributed by advocates, academicians, researchers & students from all parts of the country. Each contribution has been thoroughly examined by our editorial team to provide a filtered and quality read. The fact that law as a subject is dynamic and ever evolving makes it imperative for lawyers, academicians, researchers, and students to stay abreast of recent developments. The same thought process has led us to develop a dedication towards providing all the contributors with a platform to express their original ideas on contemporary issues. With the same endeavour to present view on latest legal developments within and outside country we are successful in presenting diverse selection of stimulating articles. We strive hard to stick to the core of the Journal's principles, which includes diversity and open discussion from all aspects of law while maintaining highest standards of professional integrity. The Issue is a culmination of the efforts of several people who must be rightly acknowledged. We would like to place on record our sincere gratitude to all our contributors for their valuable work. We would also like to thank all the members of Editorial Board for their efforts in shortlisting and editing the papers to ensure that the ideas of authors are being expressed in the best possible manner; and finally the members of our technical support team for making this issue reach all our readers by way of an open access system. We sincerely hope that the present issue will come to the expectations of its readers. Team IJLRA 3 www.ijlra.com Vol ume IIssue IV|September 2020 ISSN: 2582-6433 LGBTIQ - COMMUNITY AND ISSUES Author : Sruthi Sekhar Fifth Sem BA LLb Mobile No :7902524428 Email: [email protected] Official Address : Kerala Law Academy Law College , Peroorkada Thiruvananthapuram- 695005 Residential Address: Kalluvettukuzhiyil , Thymaravumkara,West Othera P.O.Thiruvalla ,Pathanamthitta, Kerala ,Pincode :689551 ABSTRACT “The identity is pivotal to one’s being”. In modern era, sexual and gender identity and expression have been central to our understanding of themselves. If someone has to live while hiding the integral aspects of them, then one is as good as dead and nobody talks about them. LGBTIQ history is such a long chain of movement for justice, moments of triumphs and tragedy that this community faced. LGBTIQ community and their rights have been in controversy worldwide for one reason or other. In many countries, they still face widespread stigmatization and persecution. LGBTIQ is a loosely defined grouping of lesbian, gay, bisexual; transgender, intersex etc. They came together demanding their rights. LGBT people are subjected to abuse and attacks. Gender and sexual minorities are excluded and stigmatized because of who they are? Many countries still have laws and policies that specifically make homosexuality a crime. The main objective of this paper is to cast light upon this community, history of their legal war, marital rights, ethical and moral issues on their acceptance, decriminalization of section 377, exploitation and harassment of their community etc. India has also been in the center of debate on recognizing the rights of LGBTIQ community. Even the honorable Supreme Court concluded that LGBT persons deserve to live a life unshackled from the shadow of being “apprehended felons” .In the twenty first century were law is developing by the minute, perhaps the time is appropriate to embrace and develop change. No one should be discriminated on the basis of their individuality. 4 www.ijlra.com Vol ume IIssue IV|September 2020 ISSN: 2582-6433 INTRODUCTION LGBT Issues have become a matter of interest in global politics and in sociological knowledge .Grassroots and social movements are key elements in their social transformation achieved by LGBT people .LGBT-lesbian ,gay, bisexual, and transgender-is a widely accepted initialism, while the fifth letter Q means queer or questioning. They organized as a community . Their community worked for their rights and freedom. They raised voice against the inequalities and discriminations .But some of these victories have been constrained by the social structure of our so called public. Their issues are never ending. The another major problem is their acceptance in public. This paper deals with LGBTQ community ,their issues in different fields, section 377 of IPC, marriage rights for homosexual couples etc... SEXUALITY AND INDIAN SOCIETY The concept of sexuality is often considered as an awkward topic to be discussed. We are open to a modern cosmopolitan, open to dealing with difference. If sexuality is considered as a test of dignity in our democracy ,then our cities are most important examination rooms and battle grounds . DR.B.R. Ambedkar considered country as a site ,where, new form of life that would shed caste could be possible. His faith is mirrored in much of our sense of urban life. No one sense of right and wrong can dominate such cities. They belong to different public with different identities. In such a modern era ,sexuality could should must, be able to take its different paths where it can reach for dignity rather than a bare life . Fight is a part of survival for the under privileged. Each one of us will fight this fight in a vibrant manner .All of these fights are needed for the healthy upliftment of our society . Yet , if ,sexuality can tell us one thing about India at seventy, it is that Ambedkar's fight still remains the battle of our time. It is high time that fight for social equality, finally found it's place alongside ,if not ahead of political equality .Firstly, it is to recognize all the multiple fractures that break the bodies of our cities today. It is a step away from self congratulation on our gains in political equality to face the reality of entrenchment and deepening of our social inequalities. The second , for those of us who wish to fight this fight for sexuality as a fight for dignity and personhood. We should frame our struggles for new laws and imaginations that can protect different communities including sexual minorities from discrimination .LGBT people need such legal support and social acceptance.1 1 Gautam Bhan, Dignity of our sexualities ,Hindustan Times ,August 19,2017 5 www.ijlra.com Vol ume IIssue IV|September 2020 ISSN: 2582-6433 LGBTQ : A BRIEF NOTE L : LESBIAN G : GAY B : BISEXUAL T : TRANSGENDER Q : QUEER Certain symbols has adopted by this LGBT community to demonstrate their unity. The most recognized international LGBT symbols are the pink triangle and the rainbow flag. The rainbow flag shows the unity among the people. Rainbow flag was designed by Gilbert Baker for 1978, San Francisco in a gay freedom celebration. The rainbow flag made up of horizontal stripes with red at top and violet at the base of that flag. Certain other symbol like bear culture, asexuality ,bisexuality ,lesbianism ,transgender etc. There are certain flag arrangements for each of these .In addition to major symbols of LGBT, there are certain other symbols like ace ring symbols, calamus plant ,double gender ,freedom rings green carnation ,handkerchief code ,lambda ,purple hand, rainbow Madonna ,unicorns, violets etc2 LGBTQ - AN ISSUE OF SOCIAL ACCEPTANCE Acceptance is always an issue associated with LGBTQ population. LGBT youth are at elevated risk for poor mental and physical health compared with other communities. Many governmental and non- governmental organizations have made certain attempts to understand sexual orientation and gender identity related health disparities among such groups .The main reason for their stress is associated with stigmatization of our so called society. A condition called internalized homo negativity or homophobia affects them .In many cases ,such person possess a negative attitude towards them. This will make them hate their own sexual identity. Self acceptance is more important than social acceptance. The matter of self acceptance become quite difficult for people with such sexual orientation. This may lead to constant internal conflicts. In addition to interpersonal stigma and intrapersonal stigma ,the structural stigma reflected in social level norms ,policies and laws plays a significant role in sexual minority stress. Transgender individuals experience substantial amount of prejudice, discrimination and 2 https://en.wikipedia.org/wiki/LGBT_symbolshttps://en.wikipedia.org/wiki/LGBT_symbols 6 www.ijlra.com Vol ume IIssue IV|September 2020 ISSN: 2582-6433 victimization. Sexual orientation and gender development are potentially stressful experiences for all youth.