Published Online:April 2024
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:
Author Name:Sakshi Mehta, Aditya Kumar Tomar and Monika Kothiyal
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:9
The Preamble to the Constitution of India grants equal status to all its citizens and assures them social, economic, and political justice. The rights of lesbian, gay, bisexual, and transgender (LGBT) people came into sharp focus in India after the revolutionary judgment dellivered by the Supreme Court in Navtej Singh Johar vs. Union of India. Recognition of transgender people as third gender and decriminalization of same-sex relationships are two leading achievements for the LGBT community in India; however, the battle for equal human rights is still not over. This paper discusses the legal status of the LGBT community, in India, the areas where the community still faces discrimination, their status in other SAARC countries, and what needs to be done further in this regard.
Human rights enshrine the idea of equality among all humans and are applicable to all human beings without any discrimination. Human rights seek to protect the freedom, equality, and dignity of every individual. These rights are the minimum standards for living a dignified life in society. Anything that vandalizes dignity is a violation of the principle of equality and the right to live with dignity. The term LGBT refers to a person’s sexual orientation and gender identity and is an abbreviation of the terms lesbian, gay, bisexual, and transgender (LGBT). The LGBT community has been in a constant struggle to achieve equal protection in the world. Sexual orientation or gender identity is a personal aspect of an individual and should not lead to inequality and abuse in any corner of the world. However, the deep-rooted homophobic and transphobic mindset leads to discrimination against the LGBT community and the appalling violation of their basic human rights. People of the LGBT community have been treated with the utmost savagery and inequality. They have been tortured, sexually assaulted, and even beaten to death. Such inhuman behavior towards the community is alarming and a clear violation of their human rights.