In this blog post, Sunidhi, a student of the Rajiv Gandhi National University of Law, Patiala writes about the LGBT community. The blog post highlights their human rights and atrocities committed against them.

 

 

Introduction

LGBT stands for Lesbian, Gay, Bisexual, and Transgender. Homosexuals are referred to people who are attracted towards a person of the same sex as their own. They have sexual desires different from heterosexuals. The term is not restricted to a lesbian, gay, or a bisexual person but it can be used for anyone who is not heterosexual or cisgendered.

Human Rights

Too often the human rights of LGBT people are regarded as a “gay issues” and sidelined as a result. LGBT rights are human rights.

Article 1 of the UN Charter, promotes respect for all human beings without any prejudice.

Article 2 of Universal Declaration Human Rights states that everyone is equally entitled to the rights and freedoms specified in the declaration without any discrimination towards anyone.

Experts in 2006 formed the Yogyakarta Principles, in Indonesia, to stop organized attacks on the LGBT Community. The Yogyakarta Principles are a universal guide to human rights which affirm binding international legal standards with which all States must comply.

The constitutional provisions such as Article 14 guarantees equality before the law. Article 21 guarantees life and liberty to everyone without any discrimination.

Despite these laws incidents like the ‘Orlando Massacre’ happen and many innocent lives of the LGBT community are lost.

Atrocities Against the LGBT Community

June 12, 2016, Orlando Gay Nightclub Shooting

The recent incident of Orlando Massacre was one of the most deadly mass shooting by a single gunman. It was one of the deadliest incidents of violence against LGBT community. In this attack on Pulse, a gay nightclub, in the USA, 50 people died, and 53 people were injured in that attack one of them was the gunman.

Gay Pride Parade, Jerusalem, 2015

A Jewish man stabbed six people belonging to the LBGT community. In 2005, he had also committed a similar crime.

Central Station, Moscow 2014

In 2014, the Central Station, the gay nightclub was repeatedly attacked by the police officials. In the end, the nightclub was shut down because of repeated violence by police. The police showered bullets in the nightclub as well as gassed it.

DIY Club, Yerevan, Armenia, 2012

The gay-friendly bar was firebombed and spray-painted with swastikas.

Backstreet Cafe, Roanoke, Virginia, 2000

Another incident in America, where a single gunman started shooting in a gay nightclub killing one and injuring six others.

Otherside Lounge, Atlanta, 1997

In this violent attack on the LGBT community, the bomber declared that he wanted to send a message to USA politicians against their tolerance and support to LGBT. In this incident, a lesbian bar was nail-bombed wounding five people.

Upstairs Lounge, New Orleans 1973

In this incident, 32 people were murdered in a fire. The matter was never solved, and the guilty were never punished, and the politicians suppressed the matter to silence.

There have been many other incidents of cruelty against LGBT community that were never highlighted.

Stand Against Such Incidents

Same-sex marriage has been legalized in the USA since June 26, 2015. This ruling was given by the Supreme Court of USA in Obergefell v. Hodges in 2015. Despite legalizing same-sex marriage no substantial action has been taken by the USA to protect them. The day after the Orlando Massacre a bill was proposed regarding strict gun rules in the USA but it was rejected by the Senate the same day, and no strict action was taken for the protection of  the LGBT Community.

Indian Law

Section 377

Section 377 states that “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

This section makes it a punishable offense for homosexuals to indulge in sexual intercourse with the person of the same-sex or with an animal. The harsh terms used by the law like, “carnal intercourse against the order of nature” show how insensitive Indian law is towards the feeling of this community.

Judicial Approach

In 2009, the Delhi High Court in the case of Naz Foundation v. National Capital Territory of Delhi decriminalized Section 377. But in 2013, the Supreme Court of India reversed the decision of Delhi High Court and again made it an offense. Supreme Court stated that it does not have the power to repeal Section 377 as the power to repeal the law is vested in the Executive. Therefore, it reinstated Section 377. In 2014, a review petition was filed, but it was turned down by the Supreme Court, reiterating the same views.

Bill To Decriminalize Section 377

A bill was introduced in the Lok Sabha to decriminalize Section 377 of IPC by Shashi Tharoor, but a vote of 71-24 rejected it. In India, despite ratification of International documents regarding equal human rights of all without any discrimination, such biased laws prevail that stop LGBT from living their life the way they want.

Being homosexual is one’s choice, what they do privately is not a part of their public life. No one should have a right to interfere in their private life. It is claimed that decriminalizing Section 377 is not possible because it is against public decency. An act which is done in a private place, with the consent of the two people, indulged in it, becomes a cause of public indecency.

There are numerous Indian as well as International laws to protect homosexuals, but it is very shameful that not a single law has been executed to save them from the atrocities continuously faced by them, except in a few countries where homosexuality has been legalized.

It is time, we realize that they are also human beings and they also have the same human rights. Hence, strict laws should be implemented for their protection.