Proposed research work

CIVIL RIGHT PROTECTION FOR LGBTQ+

1)Prefatory

A prefatory statement for LGBTQ+ rights emphasizes the fundamental human rights
of all individuals, regardless of sexual orientation or gender identity. It acknowledges
the ongoing struggle for equality and justice for LGBTQ+ people and calls for the
protection of their rights under all international and national laws.

2)Introduction

The acronym LGBTQ+ stands for Lesbian, Gay, Bisexual, Transgender, Queer
(or Questioning), and the "+" represents a wider range of sexual orientations and
gender identities beyond those explicitly listed. It's an umbrella term used to describe
individuals whose sexual orientation and/or gender identity differ from the societal
norm of being heterosexual and cisgender.

The LGBTQ+ community is a diverse and evolving one, with individuals from
all backgrounds and cultures. They often face discrimination, prejudice, and stigma,
and the LGBTQ+ movement advocates for equal rights and social justice. The
LGBTQ+ community in India, for example, also includes the Hijra community, a
distinct social group often referred to as the Third Gender.

3)Literature Review

A literature review on LGBTQ+ topics reveals several key themes, including the
impact of marginalization and discrimination on mental health, the importance of
family acceptance, and the need for more inclusive healthcare and support systems.
Research consistently shows that LGBTQ+ individuals, especially youth, experience
higher rates of mental health issues like depression, anxiety, and suicidal ideation
compared to their heterosexual peers. The minority stress model highlights the impact
of discrimination and societal stigma on these health disparities. Here's a more
detailed look at some key findings:

Mental Health and Well-being:

Increased Risk:
LGBTQ+ individuals, especially youth, face elevated risks of mental health issues,
including depression, anxiety, suicidal ideation, and substance misuse.

Minority Stress:

The minority stress model suggests that the constant experience of discrimination and
stigma contributes to these mental health challenges.

Family Acceptance:

Family acceptance is a crucial protective factor, reducing the risk of mental health
problems in LGBTQ+ youth.

Social Media:

Social media can play a positive role in connecting LGBTQ+ youth, supporting
identity development, and providing social support, which can positively
impact mental health.

4)LGBTQ+

LGBTQ+ is an acronym that stands for lesbian, gay, bisexual, transgender, queer (or
questioning), and other identities. The "+" indicates that there are many other sexual
orientations and gender identities not specifically named in the acronym. Here's a
more detailed breakdown:

Lesbian:

A woman who is sexually and/or romantically attracted to other women.

Gay:

While traditionally used for men attracted to men, it can also be used in a broader
sense to refer to anyone attracted to the same sex.

Bisexual:

A person who is sexually and/or romantically attracted to more than one gender.

Transgender:

A person whose gender identity differs from the sex they were assigned at birth.

Queer/Questioning:
These terms can be used to describe individuals who don't fit into traditional gender
and sexual identity categories or who are exploring their identity.

The "+":

This represents all other sexual orientations and gender identities not included in the
initial letters, such as intersex, asexual, and many others.

The LGBTQ+ community is a diverse group of individuals who may share common
experiences of discrimination and marginalization, but who also have a wide variety
of identities and experiences. The "LGBTQ+ community" is a term used to refer to
the broader group of individuals who identify with these or related identities.

5)History
In Hinduism, Hindu scriptures indicate the recognition of the third gender.
According to some versions of the Maharashtra epic, some characters changed gender,
one such being was Shikhandi, who is sometimes said to have been born female but
later identified as male & married to a woman.

The fertility goddess Bakhchara Mata is worshiped as the patron saint of the
Hijras. His two major Sanskrit scriptures on dharma and medicine, respectively
Nradasmti and Sushruta Samhita, proclaim homosexuality to be immutable and forbid
homosexuals to marry opposite-sex spouses. However, in another Hindu text called
Manusmriti, there are many penalties for homosexuality. In the case of homosexual
men, Manus Murriti attributed the loss of caste to the sexual union between two
individuals, homosexual and heterosexual, in a bullock cart.

Fatwa Airamgiri, who introduced a standard set of sanctions against jina

(illegal intercourse), including homosexuality, during the Mughal era, summarized the
existing set of rules of his Sultanate in Delhi. These could include death by stoning for
a Muslim, his 100 lashes for a free heathen, and his 50 lashes for a slave.

During the colonial period, the British government enacted Section 377 of the
Indian Penal Code. Article 377 criminalizes homosexuality and bisexuality. Under
Section 377 of the IPC, sexual intercourse with a man, woman, or animal in violation
of the order of nature is punishable and prohibited. Before this law was enacted in
1861, India had no laws regulating sexual intercourse.

Difficulties faced by LGBT in today's society

In a society where only heterosexuality is accepted and homosexuality is

considered abnormal, LGBT people face myriad challenges. Abuse is their daily
routine and they face it almost every day. They are more likely than people who
identify as heterosexual to experience intolerance, discrimination, harassment and
threats of violence because of their sexual orientation. facing violence. In many
countries, same-sex couples do not enjoy the rights enjoyed by heterosexual couples.
These rights are denied. As a result, they face discrimination and are denied access to
social protection schemes such as health care and pensions.

LGBT people even hide their gender and do not reveal it for fear of losing
their jobs. They gradually develop low self-esteem. Parents of ordinary children will
not allow LGBT children to be with them who act solely out of care and concern.
Lack of communication between LGBT children and parents often leads to conflict
within families. Many LGBT youth are placed in foster care or sent to youth detention
centres or the streets. Her LGBT teens are at a much higher risk of developing health
and mental health problems as they grow up due to their rejection by their parents and
caregivers. People may resort to drugs or alcohol to relieve stress. You are isolated
from everyone. They become victims of hate crimes. Homosexuality is considered a
crime in many countries and is often punishable by imprisonment and fines.
Furthermore, it is considered a sin under some personal laws and is illegal.
Surveys
A) Visibility and Exposure
According to Ipsos' online Global LGBT+ Pride 2021 survey, 59% of Indian
respondents support LGBT people who speak openly about their sexual orientation
and gender identity, and 39% believe that LGBT people are affectionate in public.
(such as kissing or holding hands). 56% openly endorse lesbian, gay and bisexual
athletes on sports teams, and 55% endorse more LGBT characters in television, film
and advertising.

According to the same survey, 17% of Indians have a homosexual (including

gay and lesbian) relative, friend, or work colleague, and 21% have a bisexual relative,
friend, or work colleague. 10% have relatives, friends or work colleagues. Twelve
percent of transgender co-workers have relatives, friends, or work colleagues who are
non-binary, non-conforming, or gender-biased.

B) Anti-Discrimination:

 2017
According to a 2017 poll conducted by International Lesbian, Gay, Bisexual,
Trans and Intersex Association (ILGA), 58% of Indians agree that gay, lesbian
and bisexual people should have the same rights as heterosexuals, while 30%
disagree. did. A poll found that 59% agree that they should be protected from
discrimination in the workplace. A poll found that 39% of Indians believe that
people in homosexual relationships should be prosecuted as criminals, with a
majority of 44% disagreeing. 66% of transgender people agree they should
have equal rights, 62% feel they should be protected from discrimination in
the workplace, and 60% want their legal gender to change. I felt that I should
be allowed to use it.

 2021
According to the Ipsos LGBT+ Pride 2021 Global Survey, 53% of Indians
support laws that prohibit discrimination against LGBT people in
employment, education, housing, access to social services, etc. 58% of Indians
support companies and brands that actively promote equality for LGBT
people, and 53% of transgender people compete based on the gender they
identify rather than the gender they were assigned at birth of athletes.

Case Study of Navtej Singh Johar v. Union of India:

Background:
India witnessed an increasing number of LGBT rights protests when some high
profile names including hotelier Keshav Suri, Ritu Dalmia, dancer Navtej Singh Johar
among many others came forward and filed the petition before the Supreme court
challenging the constitutional validity of Section 377 of IPC.
Arguments:
Arguments were advanced that section 377 violated the constitutional rights to
privacy, freedom of expression, equality, human dignity and protection from
discrimination.

Judgement:
The court unanimously ruled that Section 377 is unconstitutional as it infringes the
fundamental rights of intimacy, autonomy and identity. and decriminalised
homosexuality by reading down Section 377 to exclude consensual intercourse
between adults of the same sex/gender:

1. The court further opined that the sexual orientation is an inherent part of self-
identity and invalidating the same is denying the right to life and the fact that
they constitute a minuscule section of the population cannot be a valid
justification to deny them this right.

2. The court heavily criticized the Koushal judgment and called it irrational,
arbitrary and manifestly unconstitutional.

3. It was also emphasized that discrimination on the basis of sexual orientation is

unconstitutional considering it is a natural phenomenon as proven by scientific
and biological facts.

Discrimination Protection

The Indian Constitution and its various amendments protect the LGBT community
against various discriminations.

A) Article 15 of the Constitution of India states that:

Discrimination prohibited on the basis of religion, race, caste, sex, or place of
birth.
  The State shall not discriminate against any citizen on the basis of religion,
race, caste, sex, or place of birth alone or in combination with any of the other
grounds.

 No citizen shall be subject to any disability, liability, restriction, or condition

with respect to:

a. Access to stores, public restaurants, hotels, and places of public

entertainment; or

b. The use of wells, tanks, bathing Ghats, roads, and places of public
resort maintained entirely or in part with money provided by the State
or designated for the use of the general public.

B) Adoption Rights

According to the Ipsos LGBT+ Pride 2021 Global Survey, 66% of Indians believe
same-sex couples should have the same adoption rights as heterosexual couples, while
21% disagree and 13% are unsure. Similarly, 59% of Indians believe same-sex
couples are as likely to be as successful in parenting as other parents, 26% are not and
16% are unsure.
Discrimination and Bullying in Higher Education

The 2016 UGC Rule on Suppressing the Threat of Ragging in Higher Education
Institutions (Third Amendment) prohibits bullying, raging, and discrimination against
students based on their sexual orientation or gender identity.
Marriage Equality

According to the Ipsos LGBT+ Pride 2021 Global Survey, 44% of Indians support
legalizing same-sex marriage, 14% support legal recognition of same-sex couples,
18% oppose and 25% do not express an opinion I chose to Additionally, the survey
found that 56% of Indians now hold a different view of same-sex marriage than she
did five years ago.
A 2016 poll by the International Lesbian, Gay, Bisexual, Trans and Intersex
Association found that 35% of Indians supported legalizing same-sex marriage, while
another 35% opposed it. A Barkey Foundation poll conducted in September-October
2016 found that support for same-sex marriage was 53% higher between the age of 18
and her age of 21.
Military Service

The Indian Army does not openly allow LGBT people to serve. Bills amending the
Army Act 1950, Navy Act 1957 and Air Force Act 1950 were introduced in the Indian
Parliament by his BJP member Jagdhan Bikapal in late December 2018 to allow
LGBT people to serve in the armed forces. Now The House of Representatives did not
vote on the bill.

What are the Issues related to the Judgement?

 Violation of Fundamental Rights: The verdict goes against

the fundamental rights of LGBTQIA+ individuals as recognized by the
Supreme Court in previous judgments. These rights include equality, dignity,
and autonomy, which have been affirmed as fundamental in the past.

o The Supreme Court in various judgements such as Lata Singh vs State

of UP (2006), Safin Jahan vs Ashokan (2018), Shakti Vahini vs
Union of India (2018) and Laxmibai Chandarangi vs State of
Karnataka (2021) has held that choosing a life partner is a
Fundamental Right under Article 21.

 Ignoring Lived Realities: The verdict fails to take into account the real-life
experiences of LGBTQIA+ individuals who often face discrimination,
violence, and stigma in society due to their sexual orientation and gender
identity.

 Undermining Constitutional Morality: The critics argue that the verdict

undermines the principle of constitutional morality. They say that the state
should respect the diversity and plurality of its citizens, rather than
imposing the views of the majority on minority groups.

 Denial of Legal Benefits: The verdict denies LGBTQIA+ couples the social
and legal benefits of marriage, such as inheritance, adoption, insurance,
pension, etc. The lack of legal recognition for same-sex marriage results in
these couples being deprived of the rights and privileges enjoyed by
heterosexual couples.
  Contradiction with International Human Rights Standards: The
verdict contradicts international human rights standards and norms. It
claims that international standards uphold the right to marry and establish a
family for all individuals, irrespective of their sexual orientation and gender
identity. The verdict, in this view, is not in alignment with these global norms.

What are the Options left for the LGBT People Now?

 Legal Avenues: One possible path is to continue pursuing legal avenues. This
may involve waiting for the committee's report and potentially filing new
cases if the findings align with the petitioners' arguments.

o The Central government has said that it would constitute a committee,

chaired by the Cabinet Secretary, to set out the benefits and
entitlements for same-sex couples.

 Individual Rights: Another approach is for individuals in queer relationships

to wage solitary battles for specific rights associated with marriage, such as
joint bank accounts or pension rights, by challenging discrimination.

 Political Activism: The LGBTQ+ community needs to make queerness an

integral part of political conversations and demands upon elected
representatives, particularly in the lead-up to the 2024 Lok Sabha elections.
This political activism may involve building solidarity among different
LGBTQ+ groups to amplify their concerns.

 Exploring Alternatives: The LGBTQ+ community should explore alternative

ways to expand their rights. The courts, while important, are not the only
means of securing progress. This implies that community-building,
education, and public awareness campaigns may play a crucial role in
advancing LGBTQ+ rights in India.

Significance of research

Research is vital for the LGBTQ+ community because it provides a deeper

understanding of their experiences, challenges, and needs, ultimately informing policy
changes, healthcare, and social support systems. It helps to dispel misinformation,
address systemic inequities, and promote inclusivity and well-being.
1. Understanding Experiences and Challenges:

Research helps illuminate the unique experiences of LGBTQ+ individuals across

different life stages, from childhood and adolescence through adulthood and aging. It
identifies the specific stressors and challenges faced by LGBTQ+ individuals, such as
stigma, discrimination, and social isolation, which can impact their mental and
physical health.

2. Addressing Health Disparities:

LGBTQ+ individuals often experience health disparities, including disparities in

access to healthcare, mental health services, and specific medical needs like
transgender healthcare.Research helps identify the root causes of these disparities,
such as lack of provider knowledge, discrimination, and systemic barriers.

3. Informing Policy and Advocacy:

Research provides evidence-based data to support policy changes that promote

LGBTQ+ rights and equality. It informs advocacy efforts to address issues such as
marriage equality, employment discrimination, and anti-bullying laws.

Statements of Aims And Objectives

Aims:

Advocate for equality:

Work to achieve equal rights and treatment for LGBTQ+ individuals

under the law.

Promote inclusion:

Create spaces where LGBTQ+ people feel safe, respected, and valued.

Increase visibility:

Raise awareness about LGBTQ+ issues and identities to combat ignorance and
prejudice.

Objectives:

Develop and implement educational resources:

 Create and distribute materials that raise awareness about LGBTQ+ issues and
promote understanding.

Advocate for policy changes:

Push for laws and policies that protect LGBTQ+ rights and promote equality.

Establish safe spaces:

Provide safe and inclusive environments where LGBTQ+ individuals can

connect with each other and access support.

Research Question

How do LGBTQ+ individuals navigate identity development and coming out

experiences?

What are the challenges and coping mechanisms faced by LGBTQ+ individuals in
various social contexts (e.g., family, workplace, education)?

How do different LGBTQ+ identities (e.g., lesbian, gay, bisexual, transgender,

nonbinary) impact individual well-being and experiences?

What are the unique experiences and challenges faced by LGBTQ+ individuals from
marginalized ethnic or racial backgrounds?

What are the effects of LGBTQ+ discrimination and stigma on mental health,
physical health, and overall well-being?

Statement of Hypothesis

A hypothesis concerning LGBTQ+ individuals could investigate the relationship

between social acceptance and mental health outcomes, proposing that increased
societal acceptance leads to improved well-being. Alternatively, a hypothesis could
explore the impact of discriminatory practices on LGBTQ+ individuals, suggesting
that experiencing discrimination negatively affects their health and well-being.

Hypothesis 1:

Social Acceptance and Mental Health

Hypothesis 2:
 Discrimination and Health Outcomes

Hypothesis 3:

The impact of LGBTQ+ inclusion in educational institutions on student well-

being.

Hypothesis 4:

The relationship between LGBTQ+ representation in media and attitudes

towards LGBTQ+ individuals.

Hypothesis 5: The effectiveness of specific interventions (e.g., school-based

programs) in reducing stigma and improving outcomes for LGBTQ+ youth.

Research Methodology

Scope and Limitation of study

Scope of LGBTQ+ Rights:

Legal Protections:

Many countries and regions have laws prohibiting discrimination based on sexual
orientation and gender identity, offering legal protection against harassment, violence,
and employment discrimination.

Social Acceptance:

Increasingly, LGBTQ+ individuals are experiencing greater social acceptance and

visibility, with advancements in public discourse and representation in media and
culture.

Healthcare Access:

Efforts are underway to ensure that LGBTQ+ individuals have access to culturally
competent and affirming healthcare services, including mental health support, gender-
affirming care, and access to reproductive health services.

Limitations of LGBTQ+ Rights:

Ongoing Discrimination:
Despite legal protections and increased awareness, discrimination against LGBTQ+
individuals persists in various forms, including housing discrimination, workplace
bias, and social exclusion.

Lack of Comprehensive Legal Protections:

In some jurisdictions, LGBTQ+ rights are not fully recognized, and legal protections
may be limited or nonexistent.

Challenges in Healthcare Access:

Access to culturally competent and affirming healthcare services can be challenging

for LGBTQ+ individuals, particularly in areas with limited resources or negative
attitudes towards sexual and gender diversity.

Modes of data Collection

The study primarily relies on secondary sources of data collection. These sources
includes :

-Legal Documents

-Reports of Organization

-Government Publications

-Case Studies

Conclusion
Homosexuality is not a mental illness. Straightforward and natural. The human mind
cannot control it. The situation for the LGBT community is the worst in India. They
are subject to harassment, violence and ridicule. Resolutions adopted by the United
Nations have positive effects around the world. India's position on LGBT issues at the
United Nations has been very disappointing. India has stigmatized its image as a
democratic republic by stubbornly opposing her LGBT rights internationally. Making
people aware of the existence of the LGBT community is very important. Human
rights are natural rights that are indestructible and inalienable to human beings by
birth. Homosexuals are not extra-terrestrials, they are not sick, and their sexual
behaviour is completely dictated by nature.