Decriminalization of homosexuality by the SC in Navtej Singh Jauhar case remains a task half done, specially in the absence of socio-political sensitisation about the issues faced by LGBTQIA+ community. Elaborate in light of ongoing debates on same-sex marriage.
Main Body
In Navtej Singh Jauhar Case decriminalization A - 377 of IPC. It decriminalized lead to legal recognition for homosexuality denying their opportunity and development. Recent ongoing debate b/w SC and central government on homosexuality underlines non-acceptance by majority. Homosexuality SC judgement - half done - lack of socio-political sensitization On part of society:- (1) Non-acceptance of homosexuality as Norm leading to victimization and stigmatization - Mental trauma (@Family level) denial of identity (identity crisis) (2) denial of basic necessities - Housing, health care etc. eg Spouse of Homosexual couple cannot sign during medical emergency (3) denial of government welfare schemes - (4) denying smart ration card and public distribution system (5) No inheritance rights and other marriage rights
On part of political level: (1) Non Recognition of issue by government - a government replied marriage as tradition between man and women and homosexuality defied sanity of marriage (2) Lack of legal Recognition of Homo-sexual marriage - creating legal vacuum - denial of adoption, surrogacy and other rights under legal framework. (3) Absence of protection - No separate law/policy to protect rights of Homosexuals.
Conclusion
Way Forward: (1) Government should recognise their rights by providing legal recognition under special marriage act (1972) (2) Stringent Protection measures against violation of individual's rights and privacy (Article 21) (3) Strengthening opportunities - by framing inclusive policies by proper representation and stakeholder consultation (4) Forming separate commission like NCRC to protect their rights.
54 words
Diagram
Boxed section highlighting 'Homosexuality SC judgement - half done' with related concerns
MUTHUARASI-M
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Right to Privacy and Article 21
Decriminalization of Homosexuality and LGBTQIA+ Rights
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Paragraphs
formal, prescriptive
Tone