“Moral indignation howsoever strong is not a valid basis for overriding the individual’s fundamental rights of dignity and privacy.”

This topic has less to speak but more to work on. LGBT/GLBT: Lesbian Gay Bisexual Transgender. Over the past decade and still, LGBT  people have gained more and more tolerance in India. Living in a confined place, fearing discrimination from their family members. Even these people fear their family members then what do we expect from the people of our country. After getting knowledge, most parents start blaming themselves. They fell guilty instead of understanding the condition of the person who belongs to the LGBT group. Getting past that guilt and coming to a point of acceptance takes a long time. But for some parents acceptance isn’t as much of a problem as having to explain the situation in their peer group.

Why are we thinking of peer groups instead of the LGBT situation?

If we think from their perspectives and place them at their situation then we team up to solve that pathetic situation of tolerance. “The issue has become a matter of debate in India, with one side equating it with culture and tradition and another side with someone’s personal right of privacy.”

If constitution in our country is Apex provided an individual Right to Equality { Article- 14}, Prohibition of discrimination { Article- 15}, Right to life and personal liberty {Article-21}.

Then why are we not treating every person equally including the LGBT community why are we discriminating and restricting their personal liberty?

The LGBT community has been discriminated against on the grounds of sex. Before they were not even getting proper education facilities, Equal pay for equal work, and also was harassed while choosing for their carrier option. In our society, everyone has been provided with basic rights that are necessary for human survival in our society i.e. Right to live with dignity. Also, they have faced many problems on their journey of life “war to end all war”.

The problems include:

  • Firstly, they all were victims of crimes as from the very beginning they were being discriminated against on various factors including race, gender, immigration, sex, status, language barriers, etc.
  • Secondly, Drug addiction was the most common of all the problems as due to loneliness, the LGBT community turn towards alcohol, tobacco, and other drugs than the general population.
  • Thirdly, their Right to privacy and Right to live with human dignity has been violated in some or other way.
  • Last but not the least, the condition of LGBT was so awful that they also faced discrimination at the workplace. They had suffered from many socio-economic gaps and inequalities. Society really needs to change their social attitude towards the LGBT community. The Almighty God has created every human with a special spark that shines in their own unique way. It is not mandatory in a society that there will be an attraction only between males and females. Some might get attracted to people of same-sex. Every individual is “Master of his own Happiness” so let them decide in what ways they feel Happy.

Indian society really needs to open up their minds. The people of our country talk about ‘ India is developing country’ and there are certain assumptions that India might become a developed country by 2030, But it will not be completed till the time society changes their mentality.

Court proceedings:

In 2009, the plea was filed by the NAZ foundation against section 377 of IPC. The SC found it was in direct violation of fundamental rights provided by the Indian Constitution. Then, on 23rd February 2012 political parties did the same for which they are made. They raised a plea against the judgment. Again plea was filed on 11th December 2013 and 28th January 2014. After these pleas on 2nd February 2016 Supreme court decided to review the criminalization of homosexual activity. Meanwhile, we saw a ray of hope coming out from the dark on 6th September 2018 which was de-criminalization of Article- 377.


On the basis of the above discussion and judgment, it comes to the conclusion that the LGBT community, who have a different sexual orientation which results in their discrimination in society. But prima facie they are human beings. Therefore, they should not be discriminated against and should be entitled to live a dignified life.


paras nath mishra Paras Nath Mishra | Asian Law College, Noida


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