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!
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
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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