Panel to Examine issues Faced by Queer Community

Syllabus: GS1/Society, GS2/Governance

Context

The Ministry of Law and Justice notified a six-member committee to address issues related to the queer community.

In 2023, the Supreme Court dismissed a plea to legalize same-sex marriages, asserting that the right to marry is not a fundamental right and falls under the purview of legislative regulation in accordance with societal norms.
However, the Court directed the government to establish a high-powered committee to thoroughly examine all relevant factors pertaining to the queer community.

The queer community is an inclusive and diverse group of people who identify as lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual, or any other sexual orientation, gender identity, or expression that falls outside of societal norms.

Discrimination and ostracisation: They face discrimination in employment, educational institutes, and within families which severely affects their overall wellbeing.
Identity crisis: They are often forced to identify with a gender with which they are not associated at the workplace despite the government passing the Transgender Persons (Protection of Rights) Act, 2019 which allows the community the right to self-perceived gender identity.
Social Stigma: They often face difficulty in property inheritance or child adoption. Because of being socially ostracised, they are compelled to take up menial jobs despite good qualifications or forced into sex work.
Health Disparities: Queer individuals often face disparities in healthcare access and quality, as well as specific health concerns such as higher rates of mental health issues, substance abuse,
Lack of public amenities: They face issues with the accessibility of public toilets and public spaces. They often face problems in prisons, hospitals and schools.

The ruling in National Legal Services Authority (NLSA) v. Union Of India (2014) famously known as the NALSA Case, has following implications;
- The Court directed Centre and State Governments to grant legal recognition of gender identity whether it be male, female or third-gender.
- Recognising third gender persons as a “socially and educationally backward class of citizens”, entitled to reservations in educational institutions and public employment.
Navtej Singh Johar v. Union of India (2018): The Supreme Court, in the verdict, struck down parts of Section 377, effectively decriminalizing consensual homosexual acts between adults. The court recognized the rights of LGBT individuals to equality, privacy, and dignity.

Transgender Persons (Protection of Rights) Act, 2019: The law passed by the Parliament aims to end discrimination against transgender persons in accessing education, employment and healthcare and recognise the right to self-perceived gender identity.
National Council for Transgender Persons: In pursuance of the Transgender Persons (Protection of Rights) Act, 2019, the National Council for Transgender Persons has been constituted to advise the Central Government on the formulation and evaluation of policies, programmes, legislation and projects for the welfare of the transgender community.
National Portal for Transgender Persons: The Ministry of Social Justice and

Empowerment launched the National Portal for Transgender Persons in 2020.

Any Transgender applicant can obtain a certificate of identity and identity card without any physical interface with the office of issue.
Garima Greh: The scheme aims to provide shelter to Transgender persons, with basic amenities like shelter, food, medical care and recreational facilities.

While there has been significant progress in advancing LGBTQ+ rights and reducing discrimination, there are still many challenges to address.
Continued advocacy, education, and policy change are necessary to ensure full equality and acceptance for the LGBTQ+ community worldwide.

Source: TH

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