LGBT rights in India (2018)

Category:

Description

LGBT rights in India (2018)
Lesbian, gay, bisexual, transgender and intersex (LGBTI) people in India face legal and social difficulties not experienced by non-LGBT persons. Sexual activity between people of the same gender is legal but same-sex couples legally cannot marry or obtain a civil partnership.On 6 September 2018, the Supreme Court of India decriminalised homosexuality by declaring Section 377 of the Indian Penal Code unconstitutional
Same-sex sexual intercourse legal status
Legal since 2018,except in Jammu and Kashmir.
Gender identity/expression
Transgender people have a constitutional right to change their legal gender and third gender is recognised
Military service
No
Discrimination protections
Constitutional protections
   Family rights
Recognition of relationships.  No 
Adoption:   No


Since 2014, transgender people in India have been allowed to change their gender without sex reassignment surgery, and have a constitutional right to register themselves under a third gender. Additionally, some states protect hijras, a traditional third gender population in South Asia, through housing programmes, welfare benefits, pension schemes, free surgeries in government hospitals and others programmes designed to assist them. There are approximately 4.8 million transgender people in India.
                   Contemporary times
2003, the Indian Government said that legalising homosexuality would "open the floodgates of delinguent behaviour"


In 2009, the Delhi High Court decision in Naz Foundation v. Govt. of NCT of Delhi found Section 377 and other legal prohibitions against private, adult, consensual, and non-commercial same-sex conduct to be in direct violation of fundamental rights provided by the Indian Constitution.


According to a previous ruling by the Indian Supreme Court, decisions of a high court on the constitutionality of a law apply throughout India, and not just to the state over which the high court in question has jurisdiction


here have been incidents of harassment of LGBT groups by authorities under the law.


On 23 February 2012, the Ministry of Home Affairs expressed its opposition to the decriminalisation of homosexual activity, stating that in India, homosexuality is seen as being immoral


In January 2018, the Supreme Court agreed to refer the question of Section 377's validity to a large bench and heard several petitions on 1 May 2018.


On 6 September 2018, the Supreme Court issued its verdict. The Court unanimously ruled that Section 377 is unconstitutional as it infringed on the fundamental rights of autonomy, intimacy and identity, thus legalising homosexuality in India


Discrimination protection
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public

Reviews

There are no reviews yet.

Be the first to review “LGBT rights in India (2018)”