Authored By: RAJESHWARI THANTHANAPALLY
Pendekanti Law College
INTRODUCTION:
LGBTQIA+ is an acronym that describes a community of people.
L= Lesbian
G= Gay
B= Bisexual
T= Transgender
Q= Queer
I= Intersex
A= Asexual
+= It represents all other sexual orientation, gender identity which are not mentioned in the letters of LGBTQIA.
“From colonial criminal codes to modern day hate crimes, the LGBTQIA+ community has always lived between legality and humanity – fighting to be seen not as issues, but as individuals.”
A LOOK AT LGBTQ+ IN HISTORY:
Ancient societies such as Greece, Rome, Egypt, India, China etc, acknowledged and respected people with diverse identities.
Indian scriptures like Manusmriti treats same sex and opposite sex relationships equally and Indian scriptures mentioned characters like Shikhandi and Mohini respects gender diversity. Ancient texts like the Kamasutra mention same-sex love, and cravings in temples like Khajuraho depict diverse sexualities.
Mesopotamia [cradle of civilization] had evidences regarding same sex relationships in there literature and artwork.
China recorded same sex male relationships during 600BCE and they are mentioned in poems and Chinese literature.
This same paradigm applies to other ancient culture where the status of those involved was what mattered, not their sex.
WHY IS PRIDE MONTH EXCLUSIVELY CELEBRATED IN JUNE? A HISTROY TO KNOW….
June month is celebrated as Pride month. It is dedicated to the LGBTQ+ community as it was time for celebration, reflection and advocacy for equality and acceptance.
Pride is celebrated specifically in June because there was Stonewall uprising movement which took place in the year 1969 at Stonewall in the New York city.
Police raided the bar, as it was very common in those days but the local LGBTQ+ community resisted and this event catalyzed the modern LGBTQ+ rights, marking a turning point in advocacy for equal rights.
The first Pride marches were held on the first anniversary of Stonewall in the year 1970 in the New York city, Los Angles and Chicago. These marches were both commemorative and declared LGBTQ+ visibility, unity and demands for equal rights.
The Rainbow Flag was designed by GILBERT BAKER in 1978, which became a symbol of LGBTQ+ pride and diversity.
- RED= LIFE
- ORANGE= HEALING
- YELLOW= SUNLIGHT
- GREEN= NATURE
- BLUE= HARMONY
- PURPLE= SPIRIT
NATIONAL COMING OUT DAY was established in the year 1988 and celebrated every year on October 11, to encourage LGBTQ+ populations to come out to their families and friends.
The months message= STAND IN SOLIDARITY, CELEBRATE DIVERSITY AND CONTINUE THE FIGHT FOR UNIVERSAL HUMAN RIGHTS.
WHY DOES GENDER IDENTITY REALLY MATTERS IN THE CONTEMPORAY WORLD?
GENDER= A group of people in society who share particular qualities or way of behaving which that society associates with being male, female or another identity.[Cambridge dictionary]
GENDER IDENTITY= The way somebody considers their own gender, which may be different from the sex they were said to have at birth. [Oxford dictionary]
WHY DOES IT MATTERS?
It is always how the individual or person feels inside, as gender identity is a core part of who a person is and respecting it is essential for dignity, equality and personal freedom in today’s society.
Gender identity shapes experiences as how individuals connect themselves and how they are connected with rest of the society, impacting their social interactions, relationships and opportunities.
LGBTQ+ POPULATION AND LEGAL RIGHTS:
COUNTRY-WISE COMPARISON
Legal Recognition: Legal recognition of same-sex marriage has been provided by the case Obergefell v. Hodges 2015 US 576, the same-sex marriage has been legally allowed in the United States.
Marriage and Adoption Rights: LGBTQ + couples have all the rights to be married and to adopt.
Federal Safeguards against DISCRIMINATION: These protections are in the field of employment and housing, and have come about through interpretations of Title VII and the Fair Housing Act.
Military Service: People Who Openly Identify as LGBTQ+ Can Serve Military Service.
Social Acceptance: It is usually higher in metropolitan areas but with wide variation between regions and is subject to the political ideologies of the time e.g., the difference between conservative and liberal states.
Legal Status: Same-sex marriage is legal in the UK.
Adoption & Marriage: LGBTQ+ couples can adopt and marry.
Anti-Discrimination: Strong laws protect against discrimination in employment, housing, and healthcare under the Equality Act 2010.
Healthcare: Access to free gender-affirming care under the NHS; however, wait times can be lengthy.
Social Acceptance: Generally high, especially in cities like London and Manchester Legal Status: Same-sex marriage has been legal since 2013.
Adoption & Marriage: LGBTQ+ couples have full marriage and adoption rights.
Anti-Discrimination: In 2019, the Supreme Court made LGBTQ+ discrimination illegal under racism law.
Violence: There are high rates of violence against LGBTQ+ individuals, even with legal protections in place.
Trans Rights: Since 2018, legal name and gender changes do not require surgery. Legal Status: One of the most progressive countries. Same-sex marriage has been legal since 2005. Adoption & Marriage: Full rights to adopt and marry.
Anti-Discrimination: National protections exist in employment, housing, and healthcare. Gender identity and expression are protected under federal law.
Healthcare: Universal access includes gender-affirming care.
Social Acceptance: Very high. Pride events are widely celebrated, and LGBTQ+ education is included in schools.
“NETHERLANDS legalized same-sex marriage through the amendments to the Dutch Civil Code in 2001.”
WHAT IS THE STATUS OF LGBTQ+ COMMUNITY IN INDIA? LEGALITY VERSUS REALITY….
In India, the Constitution gives everyone, including LGBTQ+ people, the right to life and personal liberty through Article 21of Indian constitution. This means every citizen should be able to live with dignity make their own choices and have privacy.
LGBTQ+ people have the right to live together and choose their partners. After 2018 same-sex relationships are not a crime anymore still the courts have not allowed legal marriage for same-sex couples.
Why is same-sex marriage still not legal?
The Supreme Court said that, although everyone has the right to choose a partner (which is protected by Article 21 of the Indian constitution), the actual right to marry is not listed as a fundamental right in the Constitution.
The court said only Parliament (the lawmakers) can change the law to allow same-sex marriage.
Because of this LGBTQ+ couples cannot get the legal and social benefits of marriage, such as inheritance, adoption, or insurance.
Is this a violation of Article 21 of The Indian constitution?
Many people, including judges in earlier cases, believe that not allowing same-sex marriage goes against the spirit of Article 21 of the Indian constitution, because it limits dignity, privacy and the right to choose a life partner.
The courts have protected the right of LGBTQ+ people to live together, but have left marriage laws for Parliament to decide.
Critics say this means LGBTQ+ people do not get equal benefits or respect, and their rights are not fully protected as the Constitution promises.
Despite the legal progress- discrimination, lack of awareness and family rejections remain major problems in India.
Many LGBTQ+ in India are victims of face bullying, harassment and even physical violence. These people are not getting better opportunities in the fields of health care, jobs, housing etc.
In the case of NALSA V. UNION OF INDIA, (2014) 5 SCC 438
THE SUPREME COURT RULED FOR THE FIRST TIME IN INDIAN HISTORY TO RECOGNISE GENDER IDENTITY AS A FUNDAMENTAL RIGHT.
“The recognition of one’s gender identity lies at heart of the fundamental rights to dignity”
Recently the Telangana state offered jobs for transgender people as traffic police which was a great initiative taken by Telangana government to protect transgender from the threat of unempolyment.
CHALLENGES FACED BY LGBTQ+ COMMUNITY…
“BEING LGBTQ+ IS NOT A MENTAL ILLNESS, BUT THE WAY SOCIETY TREATS US CAN MAKE US SICK”.
In today’s world LGBTQ+ individuals continue to face deep-rooted challenges that go far beyond labels or identities. Behind every proud smile is often a story of survival of battling discrimination, seeking acceptance, navigating mental and physical health issues and some are undergoing life changing surgeries to align with their true selves.
LGBTQ+ people experiences rejection from the families, communities and even work places. Mental health is one of the most critical issues for the LGBTQ+ community. Rates of depression, anxiety and suicides are significantly higher, especially among youth and transgender individuals. Many struggle in silence due to the fear of judgment or lack of support.
GENDER-AFFIRMING SURGERIES: A JOURNEY OF PAIN AND POWER.
In many parts of the world people undergo surgeries not for identity but for safety, so they won’t be arrested, raped or killed for looking different. Some trans women are attacked just for having Adam’s Apple, so they try to go for surgery to reduce the size of Adam’s Apple-not for beauty but for protection from the society.
Transgender people go for gender affirming surgeries like breast removal, facial surgeries or genital reconstruction which are not for cosmetic life but for life saving.
Many LGBTQ+ people are disrespected by their own families. They go through life-altering painful procedures alone, without proper financial support, emotional support or even someone to hold their hand in pain.
These procedures help individuals align their bodies with their gender identity, reducing gender dysphoria and improving mental health. However this journey is not easy which involves physical pain, high medical costs, emotional challenges and often social isolation. Recovery is long and the process is deeply personal. Some people loose relationships and jobs but they choose this path because living in the wrong body is more painful than any surgery could even be.
TYPES OF GENDER-AFFIRMING SURGERIES
For Trans Women (Male-to-Female)
- Breast Augmentation:
- Enhances breast size and shape if hormones are insufficient.
- Typically involves silicone implants.
- Vaginoplasty:
- Constructs a neovagina using penile and scrotal tissue.
- Allows for sexual function, sensation, and aesthetic appearance.
- Orchiectomy:
- Surgical removal of the testicles.
- Reduces testosterone production.
- Facial Feminization Surgery (FFS):
- Alters bone structure and soft tissues (jawline, forehead, nose) to appear more feminine.
- Tracheal Shave:
- Reduces the size of the Adam’s apple.
For Trans Men (Female-to-Male)
- Chest Masculinization (Top Surgery):
- Removes breast tissue to create a flat, masculine chest.
- Common and often performed early in transition.
- Hysterectomy & Oophorectomy:
- Removal of uterus and ovaries.
- Often required before lower genital surgery.
- Phalloplasty:
- Constructs a penis using tissue from other parts of the body (usually forearm or thigh)May include urethral lengthening and implants.
- Metoidioplasty:
- Uses hormonally enlarged clitoris to create a small penis.
- Less invasive and retains sexual sensation.
- Scrotoplasty:
- Constructs a scrotum from labial tissue.
- Testicular implants are often inserted.
Hormone Replacement Therapy (HRT)
It is not a surgery but a hormone therapy which is foundational for many trans people. It induces physical changes such as:
For trans women: Softer skin, breast development, reduced facial/body hair For trans men: Deeper voice, increased body hair, clitoral enlargement
Hormone therapy may be long-term and is often required before surgery.
REAL LIFE INCIDENT FACED BY THOMA’S FROM UGANDA
THOMA’S was beaten and tortured in his own home country for being Transgender. He had to run away to save his own life. He somehow reached refugee camp, hoping for his safety. There he had gone through Top Surgery but the surgery was done without anesthesia and the pain he had gone through was unbearable. Due to the difficult circumstances he couldn’t scream and stayed strong by biting his lips and tears in his eyes. After the surgery he sat quietly holding his chest which was flat after the surgery but deep inside he was broken remembering the pain he had went through the procedure.
CONCLUSION:
The journey of LGBTQ+ individuals is not just about identity- it’s about dignity, equality and the right to live freely without fear or shame.
What LGBTQ+ people are asking for is not special treatment—only the same rights, respect, and recognition as every other human being. It’s time for society and lawmakers to stop debating their existence and start protecting their rights. Because love is not a crime, identity is not a choice, and equality is not optional, it is a promise that must be kept.
