LGBTQ in India

An essay about the LGBTQ community in India, the problems they face and a few solutions
to tackle the problem.

LGBTQ stands for lesbian, gay, bisexual, transgender and queer or questioning. This is an
umbrella term that is used to affiliate an individual’s sexual orientation or gender identity
usually one that is not heterosexual or cis-gendered. Despite the mention of homosexuality
and trans community in the Indian society that is apparent in the Vedas and temple
depictions, due to colonisation and thereby the enforcement of Section 377 in the year
1862, such sexual and gender minorities were subject to archaic Christian values and anti-
sodomy laws. Since then, many members of the community are faced with adversity
because of traditions and religious beliefs that lay down baseless prejudices against them.

The LGBTQ people are subject to various forms of social, economic and cultural injustice as
they are a social minority group. The lack of recognition of their rights or even their
existence has not allowed the community to enjoy their rights as citizens. The members of
the community are likely to face queerphobia and are more likely to experience
marginalisation, harassment, intolerance, bullying, the threat of violence, mistreatment,
assault, torture and oftentimes disowned by their own families and face exclusion from all
walks of life. Many members of the community hide their identity out of fear of losing their
jobs. Such queerphobic attitudes when combined with no proper legal protection of sexual
and gender minorities lead to violations of human rights. Homosexuality is punishable by
fines, persecution, life imprisonment and in many countries, even the death penalty.

The Constitution of India provides fundamental rights to every individual and does not allow
for discrimination on the basis of sex. Although 'The Transgender Persons Protection of
Rights Bill' penalises violence against transgendered persons, it denies the transgendered
people their rights as it mandates a screening to prove that the person has undergone Sex
Reassignment Surgery. It also mentions reservations and employment in the public sector
but the government has been silent about it.
There is a dire need of legal and social changes to be made for the LGBTQ community to
allow their complete acceptance and equality within the society. Eradicating persecution
because of an individual’s identity, equal rights (marriage, parenting and adoption etc),
protection from the law from hate crimes and an increase in creating awareness and
providing education on sexual orientation and gender identity can lead to a better way of
living for the members of the LGBTQ community. Heterosexuality or cisgender should no
longer be considered as the default but rather an encouragement for young people to
explore their sexuality and gender must be promoted. Schools and educational institutions
must promote a safe space for the youths who identify as part of the community. The media
has to pave the way for a change in societal attitude by portraying the LGTQ community
responsibly and thereby encourage an environment of tolerance. The members of the
community have long faced ostracisation and it is time this stops because all individuals,
irrespective of sexual orientation or gender identity are entitled to their rights.