A Critical Analysis on Treatment of LGBTQ Community Post Decriminalization of Section 377 of the Indian Penal Code in Work Places

Muskaan Fatwani AND Ayush Rajpal
KIIT School of Law, Bhubaneswar, India

Volume III, Issue III, 2020

Lesbian, gay, bisexual, transgender and questioning individuals consists a minority and unwarranted group with distinctive character which are actually identified in paper but even today when it comes to reality, they remain deliberately unrecognized in the strata of the society. Prior studies have shown that these underrepresented social groups face unconcealed and stealthy workplace biasness, lack of professional success and workplace dissatisfaction. They are yet to come out freely in the society and walk with their heads held high in their work place without the fear of being degraded and judged. This post decriminalization period is yet to take into account and accept what the law has decided for this naturally inherited sexually oriented people and take necessary actions.  Socio economic degradation, workplace prejudice and societal unfairness have made this people do informal jobs for their livelihood. Despite increasing social acceptance and lessening disapproval, many individuals are still disagreeable working with lesbian, gays, transgender, bisexual peers. We are yet to solve this problem being faced by this community people in the workplace as well in their daily life. We are yet to bring in action to what is written in papers to real life after this post decriminalization. Although, the decriminalization of section 377 of the Indian Penal Code is done on paper, the acceptance by society is yet to take its course. The judgment was just the start to the battle towards recognition of identity of the community and the community still faces a lot of discrimination, unemployment and harassment in workplaces. There are several laws shielding their identity from such sufferings but the society is far from complying with those provisions. Hence, it should be an eye opener for the society that LGBTQ community is a legalized community and should be equal opportunities as other citizens.


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