When we fill any application for school, job, etc. we see a column gender and there will be three options in India- Male, Female, Others. What is the other option, they are none other than the LGBTQ+ Community.

Meaning of LGBT

L-Lesbian

G-Gay

B-Bisexual

T-Transgender

Landmark Judgement for LGBTQ+ community

Naz Foundation V. Governemnt of NCT of Delhi, 2009 (Naz foundation case) the Delhi High Court held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights under Articles 14, 15, 19 and 21 of the Indian Constitution.

National Legal Services Authority V. Union of India, 2014 (NALSA judgement) the SC declared the transgender people as the third gender and should equally treat them.

Justice K.S. Puttaswamy and Anr. Vs. Union of India, 2017 (Puttaswamy Judgement) the constitution of India guarantees to each individual a fundamental right to privacy under Articles 14, 19 and 21 of the Indian Constitution.

Navetaj Singh Johar Vs. Union of India, 2018 (Navetaj Singh Johar Judgement) the SC decriminalizes Section 377 of Indian Penal Code,1860 and held that sex with an animal is only a penal offence and punishable. And Consensual sex among adults, including homosexuals is not punishable.

Demographics of LGBTQ+ community in India

There are no official demographics for the LGBTQ+ population in India, but the government of India submitted figures to the Supreme court in 2012, according to which, there were about 2.5 million gay people recorded in India. These figures are only based on those individuals who have self-declared to the Ministry of Health. There may be much higher statistics for individuals who have concealed their identity since some homosexual Indians are living in the closet due to fear of discrimination. However, there are many websites in India which cater to gay, lesbian, bisexual and transgender communities and many people are registered and actively communicate, interact, and counsel each other through these sites. According to a popular gay dating website, which has about 1.8 million men registered from around the world, India has about 140,000 individual males registered, a figure more than Western countries like the USA (46,645) and the UK (41,021) and ranks 3rd on the list of people registered from a country; nearly 80% of them are in the 15-30 age range with the highest numbers registered in states of Maharashtra (25,564), Tamil Nadu (16,380), Karnataka (14,763) and Delhi (13,441), while cities with the highest numbers are New Delhi (13,391), Mumbai (11,001), Hyderabad (10,273) and Bangalore (8,000).

Racism faced by LGBTQ+ community

Racism is one of the biggest problems that are faced by the LGBTQ+ community. Imagine yourself rent for the houses in the metropolitan cities is high and many of the LGBTQ+ people has able to afford them and they not getting houses because of their sexuality. Is this a democratic country?.

Status of same-sex marriages in India

In the Judgement of Navetaj Singh Jover and Union of India itself, SC has given an interpretation to same-sex marriages will be allowed in the Special Marriage Act,1954. Also in the judgement Shakti Vahini v. Union of India, the high court of Delhi interpreted that marriage between any two Hindus is valid under Section.5 of the Hindu Marriage Act,1955.

Conclusion

The LGBTQ+ community has suffered a lot in this world. They are not recognized by their families and friends. In the competitive world, they are also competing with us. For example, Shabnam “Mausi” Bano has become the first transgender member of the Legislative assembly in Madhya Pradesh.

In the United States of America, the Supreme Court struck down all bans on same-sex marriages in all 50 states in the U.S in the judgement Loving v. Virginia. Like that in India, the LGBTQ+ has no recognition for marriages among them.

LGBTQ+ community has a significant population in the world so why don’t they have a separate statutory body for regulating their marriages. So they can be legally recognized by society. They are not asking for reservations they are only telling us to treat them equally by giving legal recognition, they are also taxpayers to the Indian Government. They are not committing any crime it's their nature. So, nature has recognized them, Why can’t we legally recognize them.