Abstract

LGBTQ stands for lesbian, gay, bisexual, transgender, and queer. It is the natural human tendency to criticize anything which seems to be different from the common practice. Such criticism when ultra vires become an infringement. The violence and inequality shown in the LGBTQ community on the grounds of who they are, how they look, and who they love are unconstitutional as they are violative of the basic rights protected under the Article 14,15,19,21 of the Indian constitution. Gender identity and Sexual orientation are one's right to privacy that cannot be violated by any means of abuse or discrimination. The societal non-acceptance of the LGBTQ community puts them under depression, trauma, pessimistic approach towards life, which in turn pushes them into suicidal ideation. Based on the Suicides and Accidental Deaths report by NCRB (National Crime Records Bureau), the number of suicide-related deaths per one lakh people was twelve in 2021, that being the highest rate recorded in India. Many surveys have shown that suicidal ruminations are more prevalent in the LGBTQ community in particular. The Mental Health Care Act 2017 clears the stigma around Homosexuality as a mental illness. The Landmark judgment, which was delivered on 6 September 2018 in Navtej Singh Johar vs. Union of India (AIR 2018 SC 4321), has paved the way for societal acceptance of this vulnerable community by recognizing their emotions which were left aside all these days. In this instance, it was determined that IPC section 377 breached Articles 14, 15, 19, and 21 since it makes it illegal for competent adults to engage in consensual sexual activity in secret. Hon'ble Chief Justice Dipak Mishra applied the Doctrine of Progressive realization of rights in the instant case, which prevents regression.

Keywords