LGBTQ Community : Legal Rights & Social Discourse
LGBTQ Community : Legal Rights & Social Discourse
- Anoushka Saha & Chirag Soni
ABSTRACT
In this era, the highlighted point is the thinking process of the citizens in our country regarding LGBTQ community. In our country many of the people are ignorant of this community and neither they want to accept them as a part of our nature\'s creation. Several discriminations, unequal treatment, unemployment have been faced by them because of the mentality prevailing in our country. It is termed as a disease, unnatural or something which is not inconsistent with the moral values of our country. The laws which prevail in our nation have never benefited them. They hardly live a decent lifestyle with limited freedom. Struggle has been common to them. Several health problems and other mental issues are more prevailing among them in comparison to general people. They hardly have an opportunity to earn a decent income to live a decent lifestyle. In some areas they are even considered as untouchables, taboo, criminal, corrupt, womanish and so on. Some of them don\'t consider them as one as normal people. Being a part of India, why do they have to create a separate flag for their community? We, being the people of India should have the duty to respect each and every individual, not only on the basis of gender, religion or racism but on the basis of the purity and innocence of the heart.
ABOUT THE COMMUNITY
Do you fall in love on the criteria of gender? No, instead we fall in love with the soul. Love is beautiful in all its appearances. What if opposites don\'t attract? What if " he loves he" or what if "she loves she”? Why can\'t I love the person whom I like?
In the present period, some of the people are still facing the problem of both equality and equity among all. Even today the community of LGBTQ is still not accepted as one the gender. This community is deprived of or we can say they are still fighting for equal status as others in the society. When a person discovers about their sexuality and come to a conclusion that he or she is a part of LGBTQ community, they hardly accept themselves as a part of this community ( as lesbian, gay, bisexual, transgender and queer). Even in some areas marriage between them is considered to be illegal by the society. Some of them even say that our tradition and religion consider marriage between man and woman as legal. But the point is if earlier tradition is followed blindly then system like Sati, Animal husbandry, Child marriage etc. is still present in our country. Their attraction is considered against the natural law, but feelings is nature\'s gift which is present in both humans and animals. Now the objection is raised that if they get married then will be unable to have kids, then what about those couples who are unable to have kids even after their marriage. More issue has been raised about the upbringing of a family. According to them, their community exist because of failure in upbringing. Several others issued have been raised by the society in order to continue their stereotypes in every corner of the world. Moreover, people in villages even think that this community exist more in cities because of the unequal number of male and female (the number of girls are more than boys) and it will be spread in villages if they promote the city life. Even gay and transgender are considered as same. But no, they are not the same. People who are attracted towards the same gender are gay or lesbian but, on the other hand, transgender are those who do not have any family, government neither provide them an adequate amount nor they receive rights, even no one gives them job at any place. On occasion they visit from one house to another to earn their livelihood.
OCCURRENCE IN REAL WORLD
I still remember an incident about one of my train journeys, a group of people (belonging to LGBTQ) came and asked for money. Suddenly, one of the passengers said "Why do you have to beg, you can opt for a job right”? The person stared at him and then replied "I am ready to work, but will you give me a job at your place". After that everyone present in the train became silent. From that incident onwards the reasons are quite clear why people do not give them jobs. Maybe they think transgender will destroy the sexuality of their family members by giving false advice or false information and so on. One of the reasons for the failure in development of the country by the government is because of the society\'s poor thinking process. It is even conveyed that this sexual difference is nothing more than a disease and is communicable in nature. If it is not cured, then it will destroy the family generation. On the other hand, medical reports declare this as nature\'s creation but due to people\'s stereotype thinking frauds are taking undue advantage of this to make their business profitable and many of them accomplished their mission. According to one of the stereotypes, LGBTQ Community should be put behind the bars as their sexuality doesn\'t contradict with nature\'s law. If this is so then why people stated that this is nothing but a disease! Is it relevant? Are we the creator of human beings? No, right then who are they to decide who are relevant to nature\'s law and who are not. LGBTQ Community are criticized as those people who are either lying about their sexuality or they are going through a phase. Among them some are assumed to be confused or just plain greedy for sex and they are known as bisexual.
YOUTH\'S MINDSET
Present-day, the term homosexuality, bisexuality and queer identities is more acceptable to Indian youths but within the boundaries and restrictions of family, home and school. Still it is a constant struggle for LGBTQ in accepting their sexuality and freedom to openly express their gender choices. In urban India, where social media and corporate initiatives have spread a lot about increasing awareness of LGBT rights, the scenario is still more miserable for gay men if compared to transgender people or lesbian women. While in urban areas LGBTQ voices are heard through several online and real-world platforms form an important part of LGBTQ activism, which expose only a small part of the various challenges faced by the community. Keeping away the gay parades, meetings and controversial discussions on Twitter, families in rural India have their own ways of dealing with LGBTQ individuals. In some parts, secret honor killings are planned and the only way for a young gay man to survive is to run away in the night to some city, without money and social support. Some of the apps has been made separate for them like Blued, Tantan, Taimi, Spicy, Gay Chat, Bisexual Amino, FEM, Quite, Lesbian Chat, Moovz and so on. These apps are basically meant for communication among themselves. Well, being in a democratic, secular, sovereign country these communities have been separated in every way, both socially and technically in every aspect.
MEDICAL ISSUES
Now, according to statistics, health problems are faced more by the LGBTQ Community than the general people. Even the mental health problems appear more in LGBTQ Community compared to the general population. Depression, anxiety, suicide ideation is found 2 to 3 times higher than the general population. There is a high rate of eating disorders and self-harm, and similar levels of obesity and domestic violence to the general population is found. Lack of exercise and smoking appear more significant and drug use higher, and alcohol consumption is similar to the general population. Those relating to lesbian, gay, bisexual, and transgender people\'s health issues and access to health services.According to the US Gay and Lesbian Medical Association(GLMA), besides HIV/AIDS, issues, it includes breast and cervical cancer, hepatitis, mental health, substance abuse, tobacco use, depression, access to care for transgender persons, issues surrounding marriage and family recognition, conversion therapy and so on. Even the medical experts are taking measures for improving and immunize the health for the community.Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face tremendous difficulties growing up in a society where heterosexuality is more acceptable than homosexuality. Discrimination and exclusion are being faced by them in all spheres of life. Homophobic violence and abuse targeting LGBTQ people are common. In most EU Member States, same-sex couples do not enjoy the same rights and protections as opposite sex couples, and they consequently suffer from discrimination and disadvantage in matters relating to social protection schemes, such as health care and pensions.
JOB FACTORS
In the labour market, a majority of LGBTQ people continue to hide their sexual orientation in order to keep them safe from harassment or fear of losing their job. Particularly young LGBT people experience estrangement from family and friendship networks, harassment at school and invisibility, which lead to underachievement at school, school drop-out, mental ill-health and homelessness. This discrimination not only denies LGBTQ people in equal access to basic factors like employment, health care, education and housing, but it also marginalizes them in society and makes them one of the vulnerable groups who are at the way of becoming socially excluded. Why are they considered as a taboo? Why are they treated like they are out of the blue? Why can\'t they love the person whom they like? Why do they make others feel uncomfortable? Will their family ever accept their emotions? Will they ever be treated equally as other citizens? Or will they be treated as a criminal? When will they get their freedom in our "independent" country. Will the day ever arrive where their families will not consider them as a "shame”?When and who will answer their question boldly? As per the statistics, we have 10% of LGBTQ people in comparison to the total population. This reduction is resulted because of society\'s mentality, the kind of punishment and torture given by the public is the main reason for the decreasing number of this Community. Sadly, half of the population, fear to reveal their identity as a part of LGBTQ community. Whenever they come to know about the person present in them, they fear to accept themselves for what they are. Fear of what people will think, and how society is going to treat them. Ignorance, isolation, non-existence are the main factors why LGBTQ people fear to reveal their actual identity. Statistics gave us the information about 10% of the population of LGBTQ people but it\'s the actual percentage of those people who have revealed themselves and rest are unknown.
LEGAL ISSUES
Even in legal view, LGBTQ people are still not allowed to be together in public places, their marriage between them is still not allowed, they even cannot adopt a child (except transgender). Now, under IPC, Sec.377 homosexuality is acceptable which empowers the community to fight for equality. Transgender Persons (Protection of Rights)Bill has been taken by the central government. On the other hand, on July 8 2017, a 29 years old woman name Joyita Mondal became the first transgender judge of Lok Adalat in West Bengal, India. Therefore, we can say that people are opening up and upgrading their thinking process and fewer percent of the total population has accepted the LGBTQ community but still more progress needed to be made and implemented by our country.
MEASURES TO BE MADE
Those who have the courage to accept themselves in front of everyone, deserve our salutation. Measures should be taken to encourage them to open up by upgrading our mentality, setting up of open-discussion, communicating with them and many more basic steps by each and every citizen should be executed in order to develop the conditions of LGBTQ people in every aspect of life. Just like the moon needs the support of stars, similarly, LGBTQ people need a family. We cannot distinguish love on the basis of gender, religion and racism but it distinguishes on the basis of innocent hearts. We have always assumed that red is the color of love, but the reality is that love is a rainbow. Same as the transformation from Nokia 11 to IPhone, then why can\'t we accept the LGBTQ community with love. Love is love, Love has no gender.
-----------------
REFERENCES:
1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1070935/
2.https://www.healthline.com/health-news/how-same-sex-marriage-laws-help-lgbtq-teens
3. https://www.bbc.com/news/world-asia-india-45429664
4. https://www.huffpost.com/entry/workplace-discrimination-_b_10606030
5. https://economictimes.indiatimes.com/news/politics-and-nation/a-long-way-to-go-for-lgbtq-community/articleshow/67377077.cms
