Are Gay Rights Right For the World?
The fight for equal rights of the LGBTQIA+ (lesbian, gay, bisexual, transgender, queer/questioning, intersex,?and asexual) community is now under the spotlight. In Parliament, in courtrooms, and on the streets, the community is tirelessly fighting for their civil rights. Public figures are gradually openly discussing their sexual orientation. The role played by the LGBT resolution at the United Nations Human Rights Council, in September 2014, led, primarily by Latin American countries, was consequential.
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Despite the significant amount of progress that has been made worldwide, the community faces countless hardships on a daily basis. Basic provisions that are easily provided to the heterosexual community are still?a dream?for the LGBTQIA+ community. The community faces discrimination in all spheres of life; healthcare, education, employment, housing accommodations. On top of this,?hate crimes against them are more of a routine basis now.?
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In 2020, the Williams Institute?analyzed?the data from the 2017 National Crime Victimisation Survey. The results revealed that the LGBTQIA+ community experienced 71.1 victimizations per 1,000 people, compared to 19.2 victimizations per 1,000 people for the non-LGBTQIA+ community. In practically every category of violent crime, the community has had higher rates of serious violent?victimization.?
As of 2022, same-sex marriage is legal in 30 countries (nationally or in specific jurisdictions), with the most recent additions being Chile in March 2022 and Switzerland on July 1, 2022.
On the other hand, consensual same-sex conduct is still criminal in more than 70 countries, with six countries having the death sentence as punishment.?More than a third of the world's countries?criminalize?having a loving, consensual same-sex relationship, entrenching discrimination and intolerance and putting millions of people in danger of blackmail, prosecution, and incarceration.
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The gay rights movement, commonly known as the gay liberation movement, is a civil rights movement that advocates for equal rights for the LGBTQIA+ community; works to repeal sodomy laws prohibiting homosexual acts between consenting adults; and works to end?discrimination against the community in employment, credit, housing, public accommodations, and other areas of life.
Are Legal Guarantees a Necessity?
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At the end of the day, a majority of the world?still?views LGBTQIA+ as a taboo subject. The community requires legal guarantees in the form of rights and anti-discrimination laws that allow them to develop productive lives and relationships regardless of their gender identity or sexual orientation and places the onus for change on the state and society rather than on the individual.
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Article 1 of the Universal Declaration of Human Rights states that ‘all human beings are born free and equal in dignity and rights.’ Further, Article 2 states that ‘everyone is entitled to all the rights and freedoms outlined in this Declaration.’ This means that everyone, including LGBTQIA+ individuals, is entitled to the rights guaranteed by international human rights law, which is based on the values of equality and non-discrimination. International human rights law guarantees equality and non-discrimination to all persons, regardless of sex, sexual orientation, gender identity, or ‘other status’. In any of our human rights accords, there is no fine print, no secret exemption clause that would allow a state to guarantee full rights to some while denying them to others solely based on sexual orientation or gender identity.
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Unless and until gay rights are not legally entrenched, social justice will not prevail. Legal guarantees in the form of rights and bills must become a reality and an integral part of the constitutions of the world.
LGBTQIA+ Rights in India
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“Sexual orientation is an essential attribute of privacy. Discrimination against an individual based on sexual orientation is deeply offensive to the dignity and self-worth of the individual.”
The aforementioned lines were a part of the Indian Supreme Court’s verdict on 24th April 2017 when the court gave the LGBTQIA+ community the freedom to safely express their sexual orientation.
However, on 5th August 2019, Rajya Sabha passed the Transgender Persons (Protection of Rights) Act which was a mockery of the entire transgender community by failing to safeguard their constitutional rights. The Act was poles apart and violated the Supreme Court’s celebrated verdict in the NALSA v. UOI (2014) case.
Most laws and rights that fall in the domain of family law in India, including those related to adoption, surrogacy, succession, guardianship,?and so on, are in some way or the other tied to marriage. And since the LGBTQ+ community has been excluded, so far, from the right to marriage, access to all these other laws is curtailed too.
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Even on the global scale, India abstained from voting in the UN Human Rights Council’s resolution on the mandate for an independent expert on LGBT rights protection.
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Looking at the big picture, the urban sections?of the country are more informed and?sensitive toLGBTQIA+ rights whereas the situation is completely different in rural India. In both situations, however, a majority of the issues faced by the community still haven’t been brought to light. Ignorance, denial, and conservatism are deep-rooted in the country. There is an absolute necessity for government initiatives and awareness?programs.
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However, India was not always a battleground for LGBTQIA+ rights. The ancient Indian Sanskrit text, the Kama Sutra, has an entire chapter that is devoted to homosexual relations. On closer analysis, we?realize?that it was the coming of British colonialism that was instrumental in the transformation of a culture of inclusiveness into one of conservatism. The archaic Section 377 of the Indian Penal Code, 1860 was instituted by the British.
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We?strongly believe that it comes down to just one thing; we are all humans at the end of the day.Who decided that only heterosexual relationships are the norm??Why must one adhere to these norms? Who made these norms? And, why shouldn’t we change these norms and build an inclusive and queer-friendly world?
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When one section?of the society is?marginalized?and oppressed, legal guarantees in the form of rights seem like the light at the end of the tunnel.
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https://www.asiamediacentre.org.nz/opinion-and-analysis/lgbtqia-rights-in-asia-a-legal-battleground/?
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2 年General category
Script Writer
2 年The need to raise this question shouldn't even be there in the first place. Awesome write-up! ????