LGBT Rights and Equality



                             THEY DESERVE WHAT THEY DESIRE

People around the world face inequality. It may be due to their colour, the dress they wear, the language they speak, or anything else. Discrimination is the mother of contention. Sexual orientation and gender identity are integral aspects of ourselves. The preamble of the Indian Constitution mandates justice for all. Do we follow that? Each instant we notice people of the third gender or gay, we tend to post them on social media most whimsically and tragically. Is this what justice means? One in power can't hinder the other. It typically shows you’re alexithymic. Human rights are for all, including LGBT community people. They battled for their rights, equality, freedom, privacy, and love. They don't enjoy the rights that you and I do. Section 377 in the Indian Penal Code introduced in 1816 made sexual actions against nature illegal. 
Supreme Court held that homosexual sex was unconstitutional. There were so many oppositions by the LGBTQ+ community for this section. The landmark judgment, overturning a 157-year-old law was the outcome of long-term warfare of two impressive public interest litigators - ARUNDHATI KATJU and MENAKA GURUSWAMY. They took a huge step to bring rights to the LGBT community. They do deserve love, dignity, and reputation. The issue of section 377 first raised by the NGO Nazz Foundation, which approached the Delhi High Court in 2001. The Supreme Court Overturned Section 377. 
The ban is irrational, indefensible, and manifestly arbitrary, the judge said. "Take me as I am," said the chief justice of India, Dipak Misra, toasting gay pride. They have the right to live in this society. Law should grant equal rights for all the citizens! All the citizens! Reservation for government jobs and educational institutions and seeking welfare from the transgender board prevails in India but fight for the constitutional right is still a tough job. The states of Tamil Nadu and Kerala were the first to bring the transgender welfare policy*1. They provided free sex reassignment surgery in government hospitals but only for male-to-female, free housing, admission in government colleges with a full scholarship, self- help groups, and income generation*2. In 2015, West Bengal introduced its welfare association*3
In Odisha, these people enjoyed the same benefits as those living below the poverty line*4. Government of Himachal Pradesh introduced medical boards in both state and district level. Pension schemes, skill development, scholarship, financial support for parents of transgenders were provided.*4 
In July 2018, Rajasthan introduced a "Multi-purpose identity card" to almost 75,000 transgender people in the state to help them access government schemes and benefits.*5 In 2019 Madhya Pradesh announced its intention to introduce welfare schemes such as introducing allowances for parents of an intersex child and separate toilets for transgenders*6. On 28 November 2017, the Chief Minister of Andhra Pradesh, Chandrababu Naidu introduced pension schemes. Kashmir Finance Minister introduced free life and medical insurance*7. The Ministry of Drinking-Water and Sanitation instructed the state to allow transgender people to use the public toilets of their choice.*8 
The Constitution guarantees additional rights and political opportunity. But all these are far beyond implementation. Still, some people suffer discrimination based on their sex. They face trafficking and hardships. Still, many third intercourse souls suffer to get a passport, ration card, driver's license, employment, and so on. Despite all these, we appreciate the government for providing equal education opportunities in all the fields. What they ask is just space in this society?
India's first transgender school is yet to be developed in Kochi9. Many LGBT made this society to look at them. 
Shabi, India's first transgender soldier, Shabnam Mausi, India's first transgender to become MLA. She almost knew 12 different languages. 
Sathya Shri Sharmila, India's first transgender lawyer, Joyati Mandal, India's first transgender judge, and Preethika Yashini, India's first transgender police officer. Despite these many LGBT people are not accepted by their family and society. They say it to be unnatural. What is unnatural in it? Homosexuality is found in more than 450 species. The American Psychiatric Association, the Indian Psychiatric Association, and The WHO had delisted it from the list of mental disorders. So how it is unnatural? The intricate predicament is with society. The society and its people have a quandary with each and everything. If you wear a low skirt it’s a problem, eating meat is a problem, having short hair is a problem, a boy in the attire of a girl is a problem and a girl in the attire of a boy is a problem, and it goes on. It is high time for society to change. When Section 377 was decriminalized the major talk was religion. We Indian's are shrouded by belief and superstition. There is nothing religious about this. We don't have to discriminate against them. We don't have to persecute them, we don't have to put them in a prison it's not necessary but at the same time, it doesn't need promotion either. It is good to legalize gay marriage. It is their personal preference. Our minds are saturated with social stigma blended with sexual orientation.
Every human has the right to choose what he craves. Don't make them feel doomed for who they are and who they want. Society has to retrieve it. The ship has already sailed! The government has provided every advantage and security for them. What they don't get is love and recognition as we get. Love is the law of nature. Where love rules laws are not needed. 


 CONCLUSION


We celebrate brother's day, Mother’s Day, and draw awareness on world aids day, world cancer day, world animal day. 17 May is the world LGBT day, do we bring awareness on this day? do we have a special assembly in schools and other institutions? None of the academies spare time to teach their students about these communities. This world is never going to reach completion until budding minds are nurtured with justice and integrity. Suicidal thoughts, suicidal attempts, drug overdose, and self-harm are just emanating among these people. We are the only reason for all these hated foolhardy commotions. Winds of modernization and the impact of westernization have not edited anything in the minds of people. So, it’s time for us to change. The ship has already sailed! Now its need for the hour upon each individual to change themselves. Change is the only constant. Every human requires reverence, appreciation, emotion, attachment, and affection. Never grab anything from anyone for who they are. Behave as a human!
by-  
       Parnica A, 1st-year law student at the Dr. Ambedkar Law University, Tamil Nadu and she is currently pursuing B.B.A.LL.B.
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 REFERENCES:   
1.Karthikeyem, Divya (25 May 2017)
2. Devasia TK 19 March 2016
3. The transgender welfare development board, West Bengal- A wasted potential. Centre for law and policy 13 April 2017
4. Dash, Jatindra (2 June 2016)
5. Hindustan Times 13 July 2018
6. Hindustan Times 5 August 201
7. Nagash Rayan 4 February 2018
8. Sharma Kuhuna 6 April India Today ( 2 November 2017)
9.      Indian Express, Kiran Gangadharan Kochi, December 30, 2018

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