CIVIL AND POLITICAL RIGHTS OF LGBT: THE PRESPECTIVE OF INDIAN CONSTITUTION

Authors

  • Tanzim Surani 5th Year BA LLB Student, GLS Law College (Gujarat University), Gujarat Author
  • Mili Vakil 5th Year BA LLB Student, GLS Law College (Gujarat University), Gujarat Author

Keywords:

LGBT, Homosexual, Discrimination

Abstract

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

Download data is not yet available.

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

xxxix https://www.lawyersclubindia.com/judiciary/SC-landmark-judgment-recognising-transgenders-as-a-thirdgender--3986.asp

xl National Legal Services Authority v. Union of India and others [(2014) 5 SCC 438], available on web URL,

https://www.globalhealthrights.org/asia/national-legal-services-authority-v-union-of-india-ors/#gsc.tab=0, last

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

09-09-2020

How to Cite

CIVIL AND POLITICAL RIGHTS OF LGBT: THE PRESPECTIVE OF INDIAN CONSTITUTION. (2020). Commonwealth Law Review Journal, 6, 238-257. https://journal.thelawbrigade.com/clrj/article/view/411

Similar Articles

1-10 of 20

You may also start an advanced similarity search for this article.