CIVIL AND POLITICAL RIGHTS OF LGBT: THE PRESPECTIVE OF INDIAN CONSTITUTION
Keywords:
LGBT, Homosexual, DiscriminationAbstract
The LGBT community has been in a debate for many years. The notions to secure this community by justice, equity and unity have been the prime motto of government. The word LGBT stands for Lesbian. Gay, Bisexual and Transgender. Earlier, these LGBT were referred as Gay community, but later it included other types of homosexual people. Discrimination against this community has become common, they are isolated and alienated from the society and they are denied the basic fundamental rights, which they are entitled to being the citizen of India. This paper analyses the provisions which are not sufficient to protect their rights and followed by the composition of them and their difficulties nowadays. In recent times the rights of this community have been realised and there is an intervention of judiciary to protect them. The same has been discussed in the paper after the verdict of Supreme Court declaring, “Third gender rights.
Downloads
References
i Anita Chettiar, “Problems Faced by Hijras (Male to Female Transgenders) in Mumbai with Reference to Their
Health and Harassment by the Police”, available on URL, http://www.ijssh.org/papers/551-W10007.pdf, last
accessed on 06/06/2020
ii Definition available on URL, dictionary.cambridge.org/.../english/transgender, last accessed on, 06/06/2020
iii By Sourav Agrawal, Available on URL, http://ijlljs.in/wp-content/uploads/2017/12/ARTICLE_ON_TG_1-
1.pdf, Last accessed on, 06/06/2020
iv Ibid.
vAnanya Das, “Analysis of LGBT rights in India” Available on URL,
https://www.ijernd.com/manuscripts/v1i2/V1I2-1140.pdf, last accessed on, 06/06/2020
vi National Legal Service Authority v. Union of India, AIR 2014 SC 1863 at 1890 para 54, also available on web
URL, latestlaws.com/case-analysis/supreme-court-case-analysis-nalsa-v-union-of-india-and-ors-transgendersrights-case-by-lavina-bhargava/, last accessed on, 11/06/2020
vii Status of homosexuality its legal and its legal and constitutional validity under section 377,
https://lawgupshup.com/2020/05/, last accessed on, 11/06/2020
viii ARTICLE 21, The Constitution Of India,
https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
ix I.R. Coelho v. State of Tamil Nadu, A.I.R. 2007 S.C. 861.
x
Ibid.
xi Ibid.
xii By Ananya Das, Analysis of LGBT Rights in India, available on URL,
https://www.ijernd.com/manuscripts/v1i2/V1I2-1140.pdf, Last accessed on 11/06/2020
xiii Ibid.
xiv Ibid.
xv Ibid.
xvi By Sourav Agrawal, Available on, https://www.scribd.com/document/446281614/ARTICLE-ON-article, last
accessed on, 11/06/2020
xvii The General Clauses Act, No. 10 of 1897, Section 13, available at: http://indiacode.nic.in, last accessed on,
11/06/2020
xviii Available on web URL, https://lawgupshup.com/2020/05/status-of-homosexuality-its-legal-andconstitutional-validity-of-section-377/, last accessed on, 11/06/2020
xix Available on web URL, http://www.legalserviceindia.com/legal/article-1837-the-position-of-india-stransgender-third-gender.html, last accessed on, 11/06/2020
xx Jayalakshmi V. State of Tamil Nadu, (2007) 2 SCC 1, also available on web URL,
https://medium.com/@proletarianical/historicity-of-transgenders-in-india-and-the-progressive-aravanicommunity-of-tamil-nadu-f37be15a7efd, Last accessed on, 11/06/2020
xxi Ibid.
xxii Navtej Singh Johar & Ors. Vs. Union of India Thr. Secretary Ministry of Law and Justice [September 6,
2018]
xxiii The Global Divide On Homosexuality, June 4 2013, https://www.pewresearch.org/global/2013/06/04/theglobal-divide-on-homosexuality/, last accessed on, 11/06/2020
xxiv Ibid.
xxv https://www.ijernd.com/manuscripts/v1i2/V1I2-1140.pdf
xxvi https://lawcorner.in/rights-lgbt-community/, last accessed on, 11/06/2020
xxvii 2010 Cri Lj 94
xxviii https://lawcorner.in/rights-lgbt-community/
xxix Ibid.
xxx http://ijlljs.in/wp-content/uploads/2017/12/ARTICLE_ON_TG_1-1.pdf, last accessed on, 11/06/2020
xxxi Right Of LGBT Community: An Overview, https://lawcorner.in/rights-lgbt-community/, last accessed on,
11/06/2020
xxxii http://arc-international.net/yogyakarta-principles/
xxxiiihttp://arc-international.net/yogyakarta-principles/ The Yogyakarta Principles are a set of principles on the
application of international human rights law in relation to sexual orientation and gender identity. The Principles
affirm binding international legal standards with which all States must comply. They promise a different future
where all people born free and equal in dignity and rights can fulfil that precious birth right.
xxxiv Ibid.
xxxv Ibid.
xxxvi Ibid.
xxxviiCivil Appeal No. 10972 of 2013.
xxxviiiNational Legal Services Authority v. Union of India, AIR 2014 SC 1863 at 1868. Also available on URL,
https://en.wikipedia.org/wiki/Transgender_rights, last accessed on, 11/06/2020
xl National Legal Services Authority v. Union of India and others [(2014) 5 SCC 438], available on web URL,
accessed on, 11/06/2020
xli https://lexquest.in/nalsa-v-uoi-critical-analysis/, last accessed on, 11/06/2020
xlii Ibid.
xliii National Legal Services Authority V/s Union of India (Supreme Court of India), Writ Petition (Civil)
No. 400 of 2012
xliv Krishnadas Rajagopal, “Centre wants SC to clarify order on transgender” The Hindu, Sept. 11, 2014.
xlv “BC Panel for bringing transgenders in OBC” The Hindu, May 14, 2014, available at:
http://www.thehindu.com/news/national/bc-panel-for-bringing-transgenders-in-obc/article6006348.ece, last
accessed on, 11/06/2020
xlviIbid.
xlvii Ibid.
xlviii https://blog.ipleaders.in/impact-of-section-377-on-indian-family-law/
xlix By, Kirit P. Mehta, wordpress.com/2019/01/11/, last accessed on, 11/06/2020.
Downloads
Published
Issue
Section
License

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.