Before Section 377 of Indian penal code criminalize homosexuality, thus this refers to unnatural offence which states that anyone who voluntary had intercourse against the nature shall be punished with life imprisonment.

But on 6th September 2018 Supreme Court of India was decriminalized Section 377, and this give boost to the LGBTQ community of India. This act of Supreme Court of India marked an end of the long existing colonial law. It took almost 70 years of legal battle to scrap down the old age law. And the battle was won by the work what they passed under the case of Navtej Singh John vs. Union of India 2016.

NAVTEJ SINGH JHON VS. UNON OF INDIA                       2016

FACTS –

Section 377 of Indian penal code criminalize sexual intercourse between person of same sex. In 2009 before Delhi High Court the Naz Foundation (India) trust challenge constitutionally of section 377 for violation of article 14, 15,19 and 21 of the constitution. The Court ruled that punishing sexual activity between two consenting adults under the section 377 violates the right of equality, privacy and personal liberty of such person.

The decision was appealed  before Supreme Court and in 2013, the court reverse the Naz verdict and held that only the Parliament  could decriminalised homosexuality.

5 individuals of the LGBTQ community filed a new writ petition challenging the  constitutionality of section 377.

ISSUE-

It considered whether Section 377 violates –

• Article 14 as a discriminate against individual on the basis of their sexual orientation and gender identity?
• The right to autonomy and dignity under article 21 by analysing private consensual acts between same – sex person?
• The right to expression under article 19 by criminalising the gender expression of the LGBTQ community?

JUDGEMENT –

The five judge bench of Indian Supreme Court, decriminalised some sex relations between consenting adults, which applies to all citizens.

TRANSGENDER PERSONS (PROTECTION OF RIGHT) BILL, 2019 –

This act protects the rights of transgender people and work for their welfare. Some of the rights provided to transgender are –

• Prohibition against discrimination – Prohibition against discrimination means that transgender will not be discriminated and will be treated equally that is they will be provided with their treatment in relation with: education, health care, job opportunity, residence and etc.
• Right to residence – Every transgender have right to decide and be included in his household if the family is unable to take care of them then the transgender person maybe place in rehabilitation Centre with the order of the court.
• Employment – Every transgender has right to get job, and no private or public sector can discriminate them on the basis of being what they are.
• Certificate of Identity – They have right to have certificate of Identity by indicating themselves as  transgender.

OWN VIEW –

India won a very long battle which brought bands of colour in the sky. Despite of lots of challenges, there is growing huge acceptance of the LGBTQ community. Yet, society don’t it like talk a lot on this topic and to overcome this old is thinking a movies like Shubh Mangalam Jyada Savdhan is made.

When we talk about equality it’s for everyone and not just for men and women LGBTQ community also have equal right to live in the society as a normal person peacefully with equal status.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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