A Demand to Recognize Civil Rights of LGBTQ+ Community in India

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We, the LGBTQ+ people of India believe that there can not be a right time to ask for equal rights which are already enshrined in the Indian Constitution but cannot be accessed by the LGBTQ+ community.

The Indian laws do not provide:

  1. Recognition of same-sex marriage
  2. Adoption Rights for LGBTQ+ community
  3. Inheritance Rights for LGBTQ+ persons who are cohabiting with their partners but cannot inherit their same-sex spouse’s property
  4. Right to jointly own property, take housing loans, insurance, and employment benefits to the same-sex spouse
  5. Gender-neutral rape laws that recognize sexual violence on gay men, and transgender persons equally.
  6. Anti-Discrimination Law

On 6th September 2018, the Supreme Court of India decriminalized homosexual acts under Section 377 of the Indian Penal Code, calling it “unconstitutional, arbitrary & retrograde.”

Section 377 has been read down but the LGBTQ+ community continues to live on the fringes of society and social landscape of India. A positive judgment has not reduced harassment, bullying, extortion, blackmail, and violence by the state and non-state actors.

The historic NALSA judgement in 2014 by the Supreme Court of India has not changed much for the transgender community.

The new Transgender Persons (Protection of Rights) Act 2019 completely omits the provisions for affirmative action to eliminate discrimination in employment and education. It also takes away the right to self-identification by mandating a certification process.

In present-day India, the demand for equal rights is gaining popularity as the country progresses, and the educated young minds want to undo the wrongs of the previous generations. We believe it is time that we as a country and society should embrace diversity in equal measure and hence, we demand Equal Civil Rights for LGBTQ+ communities in India.

The father of Indian constitution Dr. B.R. Ambedkar said:

“If you ask me, my ideal would be the society based on liberty, equality, and fraternity. An ideal society should be mobile and full of channels of conveying a change taking place in one part to other parts.”

Let's make his dream come true.

About the Humsafar Trust:

The Humsafar Trust (Estd 1994), the largest & oldest community-based organisation (CBO) in India, has always been a voice for Equality, Inclusivity, and Diversity. Acknowledging the importance of the international pride month (June 2020) in LGBTQ+ movement worldwide, we would like to take the next logical step in Indian LGBTQ+ movement and pledge for ‘Civil Rights’.