Status of LGBTQ Community In Gender Equality: LGBT is a term used to define lesbian, gay, bisexual and transgender people. The process is universal because it gets: when a baby is born, doctor, parents, or born officers announce the arrival of “girl” or “boys.” Split assignments that determine some aspects of our lives. It’s also something that most of us have never been questioned. But some people do it. Their gender evolved different from the assignment of the birth of their girls / boys and may not match the rigid traditional ideas of women or men. Gender development should not have population on whether a person can enjoy fundamental rights, such as the ability to be recognized by their government or to access health care, education, or work. But for strange people, especially transgender, it is – for a shameful, hard, and sometimes deadly.

Mental health challenges are important attention to many lesbians, gays, bisexuals, transgender (LGBT) in India. In September 2018, the community in India celebrated after the NAVTEJ Singh Johar V Union of India case, where the Supreme Court struck a colonial ban on gay sex. It is an important movement for the LGBT community and given all constitutional protection. Section 377 includes every behavior of a private kind of private in its own scope. This comes as a big assistance for the LGBT community who wants a life similar to other heterosexuals. Before the assessment, homosexual status in the country is a villain that they have no choice but to change their orientation and change their way of life. However, even after the assessment, LGBT people in India continue to face persecution and discrimination. People are still harassed through arbitrary arrests and unfair trials. The community still lacks the right to marry and adoption.

This chapter investigates and considers how homo-bi-trans-phobia is represented and reflected in the social, political and human structure of India – including a health care system. In addition, homo-bi-trans-phobia intersects with discrimination based on various categories to create personalized and complex experiences. Thus every consideration or discussion of how to increase the access of LGBT rights to equality must be carried out within the framework of anti-racist and oppressive anti-oppressive work that recognizes the nature of the intersection of many ideals of identity.

Global Advocacy About LGBTQ Rights

About 80 districts in the world still criminalize LGBT relations in several ways and many other types of laws deny even basic rights and dignity for the community. Countries that allow same-sex marriages have not discussed all rights-based concerns. Sounds have been raised globally by the community to obtain their basic rights such as marriage and adoption. In the lead to the 2014 Winter Olympics in Sochi, the right of LGBTQ became the central theme in the Western Media Proclamation of the New Cold War.1 The focus on Russian anti-gay politics was further overshadowed by the 95 crisis between Russia and Ukraine, which has dramatically changed Russian images in The world stage and end the era of “reset” from Russian relations.

“Homo-national” conceptual framework to understand the complexity of how “acceptance” and “tolerance” for gay and lesbian subjects have become a barometer with it and the capacity for national sovereignty is evaluated. Homo-national language appears in academic projects and activists throughout North America, Europe, and now India. For example, a Paris-based group called “not homo-national” has compiled for the proposed campaign for proud gay in Paris because it takes the national symbol of white roosters. Conference in 2011 concerning sexual democracy in Rome took a problem with the placement of the world’s pride in the city area that accommodated the highest percentage of migrants and risked the claims in secular political politics that challenged the Vatican and the anti-migrant attitude of European organizing entities.

One of the first opportunities for global involvement about sexuality is the 1975 UN conference in Mexico to mark international women’s years. This important moment brings together lesbians from the north and south, which is involved with feminist movements in sexuality and fostering network development that plays an important role throughout the United Nations international decades to be followed. Around the same time (1978), an international gay association based in Europe (now known as Lesbian International, Gay, Bisexual, Trans and Intersex Association, or ILGA) was established. One of its goals is to maximize the effectiveness of gay organizations by coordinating political actions at the international level, especially applying joint pressure on the government and international sexual minority and gender institutions that are increasingly trying to regulate in important regional political locations as well.

Advocacy organizations and international LGBT programs increase in amounts and influence. Although financially small, the global LGBT rights movement has the potential to increase its impact in the coming years. This impact can occur greater and positive changes can occur faster, if funders can make an important investment in supporting collaborative work between organizations and programs, building research, data, and information for the field, and helping organizations and other capacity -building sources power. This foundation is seen as an important step in the struggle to secure LGBT rights and equality throughout the world.

Marriage and Youth Rights LGBTQ

In terms of anthropological theory, sexual prejudice is a form of structural violence that provides human dignity and development. The dilemma of a young child cannot be explained who is interested in the same sex but who, in the course of growing up, notified by family, science, and religion that abnormal homosexuality. He tends to consider himself incompatible for one of the normative gender functions, social, ethnic or religious communities that cause psychological, depression, or worse pressure. India is a country where sexual sex looks more as blessing while gay sex is seen as sin. There are divisions of generations in India between younger and older people with the majority of younger people supporting the idea of โ€‹โ€‹”gay” or marriage rights for gay, lesbian and bisexual pairs. This enhanced support is paradoxically considering the increasingly stringent state-based wedding law.

In this environment, the most satisfying courses will be the recognition of same-sex marriage under Indian personal marriage laws. In India, Christians, Muslims and Hindus have different laws in relation to marriage, succession, etc. Hindu marriage laws that regulate Hinduism, Sikh, Jain and Buddha stated that a marriage could be resolved between two Hindus. It also specifically stipulates that the bridegroom should reach the age of twenty-one and the eighteen bride. Christian marriage action states that the age of the man will be twenty-one and an era of eighteen years old. Because Muslim marriages are not regulated by law, there is no ‘marriage’ definition, but they are usually considered a contract for the purpose of procreation. Thus, all Indian personal laws seem to imagine marriage only as heterosexual unions.

There are two aspects of marriage in India, one is the social aspect of two adults who agreed to decide to undergo rituals in front of friends and family and treat their partners as a partner in India. However, there are aspects of marriage laws that provide rights and responsibilities in two people who include property inheritance, couples maintenance and so on. While in heterosexual marriages, such rights and responsibilities come in a package, because of the strange people that such laws are not in India. Special wedding actions are only intended for heterosexual pairs and do not even take into account transgender people. Strong opposition that the vocal part of the Indian society opposes the aspirations of the LGBT community cannot obtain a dollar gain. In India, along with fast modernization, there is a growth of conservative ideas and resurrection, opposition on behalf of tradition, religion and the wrong culture will be strong and will act as a barrier of liberal legislation.

Many sexes are the same as the same sex partner want to get married just because they are part of the culture where marriage has long been represented as an ideal connection and commitment institution and this belief exceeds the boundaries of sexual orientation. They also believe that the choice of marriage partners is an important personal decision, especially the country, should not have control. Thus the argument directly in legalizing the same sex marriage is that if two people want to make a marriage commitment, they must be given the freedom to do so and exclude one citizen class from the benefits and dignity of the commitment to demean them and insult them their dignity. Many homosexual individuals may have dreams of being part of the social structure by going into marriage. In democracies such as India, where the constitution guarantees the right to equality and life, discriminates minority groups and denies them those rights fully contrary to land laws. Law should not be discriminatory against gender. It must treat each individual together as the same sex and heterosexuals are not different in their psychological dimensions.

Legal rights for the community

After the Central Adoption Resource Authority (Way) issued a guideline for adoption, the same sex partner, one person and an unmarried couple have found increasingly difficult to adopt. Based on sexuality, many Indians have been denied equality in various aspects of their lives. This can be seen in the struggle for marriage equality, adoption rights, the opportunity to serve openly in the military, and many other struggles to end the discrimination based on sexual orientation.

The important point in the discussion about the politics of liberation is gay and lesbian statements about their rights – “to be treated equally, enough, and fair as an Indian citizen; that respect must be given to who they are, as it is; the right to choose, right to choose Not married and the right to their own sexual orientation “. Demand for freedom and gay and lesbian equality in India was first placed organized at the end of 1991. Charter of the demands containing 19 elements published in the last chapter report less than gay. Significant elements include: Revocation of all discriminatory laws including part 377 of IPC and relevant parts of Army, ACT Air Force: Protection of Civil Rights Law; change the constitution to include equality before the law based on sex and sexual orientation; build a commission to deal with human rights violations; Change special wedding actions to allow same-sex marriage.

Until now, only the first cause, i.e., revoking the discriminatory part in the IPC has been handled and other demands have been left untouched. Lesbians and gay are increasingly trying to form a family through the adoption of children. However, same-sex couples face great difficulties in achieving fair treatment of court in the adoption process. The examination of the judicial opinion revealed that the court routinely disacted empirical evidence and ignored the specific facts of the case in denying adoption to lesbians and gays. The family arena is one where it is very difficult for lesbians and gay men to get the same footing with heterosexual. Supporters of same-sex adopts argue that “discrimination against homosexuals is prevalent in the context of family law in which judges and institutions are able to carry out broad wisdom”. Lesbians and gay men who want to raise children often face prejudice and misunderstandings about their sexual orientation that “turns judges, legislators, professionals, and the public towards them, often leading to negative results such as the loss of physical custody.

The idea of โ€‹โ€‹human rights relying on the central premise that all humans are the same. It follows that all humans have dignity and all humans must be treated equally. Whatever under grades that dignity is a violation, therefore violates the principle of equality and paves the way for discrimination. Lesbian, gay, bisexual, transgender and intersex (LGBTI) human rights come to a sharper focus throughout the world, with important progress in many countries in recent years, including the adoption of new legal protection. Legal protection must include legal protection regarding employment opportunities, marriage and adoption that will put the community equal to heterosexuals.

Conclusion

Over the years homosexuality has been considered to occur in individuals because they are part of the wrong environmental influence. There is also a time point when homosexuality is considered a mental disease / disease even by American psychiatric associations, but around in 1973 they removed homosexuality from diagnostic manuals and mental illness statistics. But many people until dating live with the impression that homosexuality is a disease. In the past we have witnessed many ministers and government officials who want to open rehabilitation for homosexuals, so “improve” their “problems” to “improve” society.

Someone’s partner’s choice should not be limited because of his sexual orientation. It not only limits their basic rights to equality and privacy but also takes their right to live with dignity which is enshrined in the right to life and freedom. In India, only because someone was born of their two main gender types were ostracized and whether they rejected the reason that they included the third gender. To create a better residence for the LGBT community, the Indian government department must take initiatives and work in coordination with the state government to polish law enforcement agencies and involve all stakeholders to identify steps and to apply the constitutional objectives of social justice and law , supremacy. There are no laws that protect gay and lesbians from discrimination at work or law that allow them to marry the partner they choose.

The gay and lesbian movements that appear not only offer alternative identities but the prospect of social reconstruction. Apart from marginality, the movement rejected monolith and mass. This is a reminder that if forced suitability must be rejected, it must be by representing human life as a double; Such as some; Community as voluntary and diverse. The new definition of political pluralism is that people who assess society are not only tolerated group plurality, but also with identity plurality that allows individuals to assume. There is still a place in India where people don’t even hear about LGBT and still think homosexuals and trans people must be ostracized from the community. But the researchers feel that India can be considered free only when the community no longer distinguishes in its treatment of people who may be lesbian, gay, bisexual, transgender, Cisgender or straight.

Reference:

1. Christian Marriage Act, 1872, S. 60.

2. Gregory.M.Herek, Legal Recognition of Same Sex Realtionships in the United States: A social Science Perspective, 61(6) Amer Psycho. 607-621 (2006).

3. Hindu Marriage Act, 1955, S. 5.

4. Hollandsworth, Gay Men Creating Families Through Surro-Gay Arrangements: A Paradigm for Reproductive Freedom, 3 Am. U. J. Gender & L. 183, 184-85 (1995).

5. Jasbir Puar, Rethinking Homonationalism, International Journal of Middle East Studies, Vol. 45, No. 2, SPECIAL ISSUE: Queer Affects (May 2013), pp. 336-339.

6. Jasbir Puar, Terrorist Assemblages: Homonationalism in Queer Times (Durham, N.C.: Duke University Press, 2007).

7. Kim Vance, Nick J. Mulรฉ, Maryam Khan and Cameron McKenzie, The rise of SOGI: human rights for LGBT people at the United Nations, University of London Press, Institute of Commonwealth Studies. (2018).

8. Martha Nussbaum, A right to Marry? Same sex marriages and Constitutional Law, Dissent Magazine (2009).

9. Mary. L. Bonauto, Goodridge in Context, 40 Harv. C.R.- C.L.L, Rev. I (2005).

10. Michele Rivkin-Fish and Cassandra Hartblay, When Global LGBTQ Advocacy Became Entangled with New Cold War Sentiment: A Call for Examining Russian Queer Experience, The Brown Journal of World Affairs, Vol. 21, No. 1 (Fall/Winter 2014), pp. 95-111.

11. Michelle A. Marzullo and Gilbert Herdt, Marriage Rights and LGBTQ Youth: The Present and Future Impact of Sexuality Policy Changes, Ethos, Vol. 39, No. 4, Psychological Anthropology and Adolescent Well-Being: Steps Toward Bridging Research, Practice, and Policy (December 2011), pp. 526-552.

12. Navtej Singh Johar v Union of India, AIR 2018 SC 4321

13. Neela Ghoshal and Kyle Knight, Rights in Transition: Making Legal Recognition for Transgender People a Global Priority, Bristol University Press, Policy Press. (2016).

14. Rhonda R. Rivera, Legal Issues in Gay and Lesbian Parenting, 199 Frederick W. Bozett ed., 1987.

15. Sherry Joseph, Gay and Lesbian Movement in India, Economic and Political Weekly, Vol. 31, No. 33 (Aug. 17, 1996), pp. 2228-2233.

16. Siddharth Narrain & Birsha Ohdedar, A legal perspective on Same-Sex Marriage and other Queer relationships in India, Orinam, (last visited March 31, 2020).

17. Siddharth Narrain & Birsha Ohdedar, supra note 11.

18. Vikram Raghavan, Taking Sexuality seriously, The Supreme Court and the Kaushal case, Law and other things, (December 2016, 2013),

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