The lesbian, gay, bisexual and transgender (LGBT) community were considered as vulnerable minority, and an unpopular one. So they were tortured, assaulted, beaten only because of their sexual orientation and gender identity. There is a deeply-embedded homophobic and transophobic attitudes, often combined with a lack of adequate legal protection against discrimination on grounds of sexual orientation and gender identity, exposes many LGBT people of all ages and in all regions of the world to egregious violations of their human rights. They are discriminated against in the labour market, in schools, in hospitals, mistreated and disowned by their own families. They are singled out for physical attack – beaten, sexually assaulted, tortured and killed. And in some 79 countries, discriminatory laws criminalize private, consensual same-sex relationships – exposing individuals to the risk of arrest, prosecution, imprisonment — even, in at least five countries, the death penalty.
In India also Section 377 of Indian Penal Code criminalizes homosexuality.The Delhi High Court decriminalized consensual private sexual acts between consenting adults on 2nd July 2009. In dealing with Sec. 377 Delhi High Court contented that section is in conflict with the fundamental rights Article 14, 15, and 21 as guaranteed by Constitution of India. But on December 2013, homosexuality was again criminalised by the Supreme Court’s rulling. In SAARC Countries Nepal is the most open country to recognize the LGBT Rights in higher standard. They legalize homosexuality and on the basis of one of the judgment of Supreme Court in the year of 2008 they were looking to recognize the same sex marriages too.
The protection of human rights of the lesbian, gay, bisexual and transgender (LGBT) community is not a creation of new set of LGBT Rights, nor establishment of new international human rights standard. It is a legal obligation of state to protect human rights of everyone everywhere under the international human rights law on the basis of Universal Declaration of Human Rights. All the people irrespective of sex, sexual orientation, gender identity are entitled to enjoy same protection provided by international human rights. Discrimination on the grounds of sexual orientation, gender identity or gender expression is in violation of the basic principle of equal value and equal rights for all people.
Some positive steps taken for the protection of human rights of LGBT community by legalizing same sex marriages which is one of the major right of a person irrespective of sexual orientation and gender identity by some of the countries in last few years.
Post Contributed By:
Miss Rupa Pradhan
Asst. Prof of Law
Indian Institute of Legal Studies
