IRBF

By Oxfam India
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LGBTQ Rights

Despite legal backing, Indian society is yet not receptive of Lesbian, Gay, Bisexual, Trans, Queer (LGBTQ) community.

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LGBTQ Rights
LGBTQ Rights

Despite legal backing, Indian society is yet not receptive of Lesbian, Gay, Bisexual, Trans, Queer (LGBTQ) community.

Addressing concerns related to gender identity and conformity, the bench showed sensitivity to gender issues, gender fluidity and the right to choice and autonomy exercised by an individual. It upheld consensual intercourse between individuals and struck down arguments claiming that carnal sex between two people of the same gender was against nature. A particular observation of the bench that “majoritarian views and popular morality cannot dictate constitutional rights. We have to vanquish prejudice, embrace inclusion and ensure equal rights” is particularly noteworthy.

Members of the ruling BJP have also spoken out against the LBGTQ community in India, with senior leader Subramanian Swamy calling it a threat to India’s national security. In July 2018, the Supreme Court of India deemed unconstitutional criminalising sex between consulting adults. The government, however, has opposed same-sex marriage and members of the party have often termed it an illness that needs to be treated.

However, there has been a global move in terms of recognizing sexual and gender minorities as a vulnerable group. International guidelines like UN standards of conduct for business provide a framework of how business should tackle discrimination against LGBTQ persons by respecting their rights, eliminating bias, supporting the employees, and taking a stand for queer rights Businesses have to be equal opportunity employers for queer and trans persons, create a safe and discrimination-and-harassment-free workplace, implement mechanisms of equity.

Relevant Law/Acts: