23 July 2024 : Daily Answer Writing

Q1) Understanding, acceptance, and equal rights for LGBTQIA+ community can only arise out of sociopolitical sensitization of the policy discourse. Comment with relevant illustrations.

(150 Words/10 Marks)

ANS

The Supreme court of India decriminalised homosexuality by striking down parts of the section 377 of IPC in the landmark Navtej Singh Johar case (2018). In recent times, there has been demand for greater set of rights including the right to marriage for the LGBTQIA+ community as decriminalization alone may not guarantee full equality and acceptance.

The LGBTQIA+ community continues to face the following issues:

1. The recognition and legalization of same-sex marriages continue to be a contentious issue. It faces opposition from social and religious mainstream.

2. Right to Parenthood and Family: They cannot have families and children due to legal and social limitations, violating their right to life under article 21. E.g., adaption laws.

3. Same-sex couples are denied the same rights and benefits that heterosexual couples enjoy.

E.g., inheritance, health insurance, and social security benefits. This violates their right to equality (article 14).

4. Systemic discrimination in legal and social norms hampers their ability to live with dignity. It restricts their full participation in society, including religion and rituals. The social stigma leads to their marginalization and exclusion.

5. The prejudices and stereotypes against them can hinder their access to education, employment, healthcare, and other basic rights and services.

Understanding, acceptance, and equal rights for LGBTQIA+ remain elusive. Socio-political sensitization can help address the issues faced by LGBTQIA+ community in the following ways:

1. Victorian morality under colonial rule has made homosexuality a social taboo. Socio-political sensitization can evoke the traditional openness of culture towards issues of gender-identity and sexual orientation. E.g., Shikhandi in Mahabharata.

2. To evolve the sphere of rights for LGBTQIA+, there is need for changes in personal laws. It requires sensitivity among the orthodox sections for the issues of LGBTQIA+.

3. Marginalization of LGBTQIA+ reflects the unrealised constitutional goal of promoting fraternity among the society, as enshrined in the preamble of the constitution.

4. After decriminalization of homosexuality by the judiciary, it is incumbent upon the state to facilitate the progressive realization of rights for the LGBTQIA+ community. It requires policy support from the legislature and the executive.

5. Fundamental duties call upon the citizens to promote harmony and common brotherhood amongst the people. It requires complete acceptance of LGBTQIA+.

6. Protecting the interests of a microscopic minority from majoritarianism requires engagement with the majority to evolve views regarding issues faced by the community.

Full equality and acceptance for the LGBTQIA+ community cannot be achieved only by incremental judicial pronouncements. To protect this microscopic minority from majoritarian onslaught, sociopolitical sensitization must address the biases, prejudices, and discrimination. The ongoing debates on same-sex marriage provide an opportunity to engage in meaningful discussions and work towards a more inclusive society.