LGBTQ RIGHTS AND
RIGHTS TO MARRY.
NAME-Aniruddh Baral
COURSE-Family law
LGBTQ RIGHTS
• LGBTQ stands for Lesbian, Gay, Bisexual, Transgender, and
Queer (or Questioning).
• It refers to people with different sexual orientations and
gender identities. The term represents a diverse community
that seeks equal rights and acceptance.
• These rights aim to ensure equality, dignity, and freedom
from discrimination for people regardless of their sexual
orientation or gender identity.
LAWS AND RECOGNITION
RELATED TO LGBTQ
• Homosexual intercourse was made a criminal offense under
Section 377 of the Indian Penal Code, 1860.
• In 2011, the court granted legal recognition to a same-sex
marriage, involving two women. After marrying, the couple
began to receive threats from friends and relatives in their
village.
• On December 18, 2015, Shashi Tharoor, a member of the
Indian National Congress party, introduced the bill for the
decriminalization of Section 377.
LGBTQ RIGHTS IN USA
• In the U.S., LGBTQ rights ensure same-sex marriage is
legally recognized, and individuals are protected from
discrimination in employment, housing, and healthcare
based on sexual orientation or gender identity.
• They can update gender markers on IDs, adopt
children, and are safeguarded against hate crimes and
violence.
• 2015: The landmark Supreme Court case Obergefell v.
Hodges legalized same-sex marriage nationwide,
ensuring marriage equality.
Overview
Give a brief overview of what you’ll cover in your presentation.
Rights to Marry
• The Supreme Court of India in August 2022 provided social
security rights to those in same-sex live-in relationships
while also recognizing same-sex couples as being part of a
"family unit".
• India does not recognize same-sex marriage, civil unions, or
other forms of partnerships, but provides some limited
legal recognition to cohabiting same-sex couples in the
form of live-in relationships
• however, these marriages are not registered with the state
and couples do not enjoy all the same rights and benefits.
Cases
• Naz Foundation v. Government of NCT of Delhi (2009)- Delhi
High Court decriminalized consensual same-sex relations by
striking down parts of Section 377 of the Indian Penal Code
(IPC).
• Suresh Kumar Koushal v. Naz Foundation (2013): The Supreme
Court reinstated Section 377, criminalizing same-sex relations.
• Navtej Singh Johar v. Union of India (2018): The Supreme Court
decriminalized consensual same-sex relations by striking down
parts of Section 377 of IPC. The Court recognized the right to
privacy and equality for LGBTQ individuals.
LOOPHOLES
• Despite some progress, LGBTQ rights in India face
significant loopholes.
• Same-sex marriages are not legally recognized, leaving
LGBTQ couples without the legal benefits and
protections afforded to heterosexual couples.
• Anti-discrimination protections are limited, and societal
stigma continues to affect LGBTQ individuals' quality of
life.
Conclusion
The profile of LGBT is increasing with pride parades and protests providing an
end to the discrimination.
As leading companies creates inclusive workplaces for LGBTQ, it is hoped that
it will lead to growing acceptance in LGBT in the professional sector.
Gay people in India are murdered or forced to commit suicide [Link]
women are sexually assaulted. People who do no harm to anyone else but
just wish to live the way they are treated absolutely inhumanely all over the
country.
This is a national shame.