Recently, the Centre, in an affidavit in the Supreme Court, has frowned upon samesex marriage while invoking the “accepted view” that a marriage between a biological man and woman is a “holy union, a sacrament and a sanskar” in India.
Problem faced by LGBTQRIV+ Community:
- Family disruption
- Lack of understanding and proper communication about sexual orientation and gender identity can lead to fighting and family disruption that can result in an LGBT adolescent being removed from or forced out of the home.
- Many LGBT youth are placed in foster care, or end up in juvenile detention or on the streets, because of family conflict related to their LGBT identity.
- These factors increase their risk for abuse and for serious health and mental health problems like, increase attempt to suicide, chances of drug addiction, indulging in criminal activities, etc.
- Mental Health Issues
- This is caused by lifelong dissonance, deep-rooted stigma, discrimination, and often abuse, that the community experiences. It often leads to extreme distress and poor self-worth, resulting in self-hate and suffering.
- Sexual orientation and gender identity are rarely discussed in our social, educational or familial environments, and if ever done, these discussions are stigmatizing.
- It is difficult to find friends and family who understand what the person feels.
- Political parties and religious leaders kept away from the LGBT movement
Victim of Hate Crimes and Violence
Lesbian, Gay, Bisexual, and Transgender people and those perceived to be LGBT are regularly targeted as victims of hate crimes and violence.
LGBT people experience stigma and discrimination across their life spans, and are targets of sexual and physical assault, harassment, and hate crimes.
Barriers to Health Care
- A large majority of the psychiatrists in India still consider diverse sexual orientations and gender identities as a disorder and practice ‘correctional therapy’.
- Lesbian, gay, bisexual, and transgender people are more likely to experience intolerance, discrimination, harassment, and the threat of violence due to their sexual orientation, than those that identify themselves as heterosexual.
- In the labor market, a majority of LGBT people continue to hide their sexual orientation or to endure harassment out of fear of losing their job.
- Particularly vulnerable are young LGBT people who experience estrangement from family and friendship networks, harassment at school, and invisibility, which can lead in some cases to underachievement at school, school drop-out, mental ill-health, and homelessness.
- Discrimination not only denies LGBT people equal access to key social goods, such as employment, healthcare, education, and housing, but it also marginalizes them in society and makes them one of the vulnerable groups who are at risk of becoming socially excluded.
Challenges for LGBT Elders
- Lesbian, gay, bisexual, and transgender (LGBT) face a number of particular concerns as they age.
- They often do not access adequate health care, affordable housing, or other social services that they need due to institutionalized heterosexism.
- Most LGBT elders do not avail themselves of services on which other seniors thrive.
- Lack of family support system as enjoyed by other elderly people.
Landmark judgements and related issues
- In 2000, Law Commission was the first to recommend decriminalizing Section 377.
- Naz Foundation vs. Govt. of NCT of Delhi (2009): The Delhi High Court decriminalized homosexual acts involving consenting adults. The Court held that Section 377 offended the guarantee of equality enshrined in Article 14 of the Constitution, because it creates an unreasonable classification and targets homosexuals as a class. Discrimination is the antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.
- Suresh Kumar Koushal Case (2013): Supreme Court overturned the previous judgment by Delhi High Court (2009).