Introduction
The LGBTQ movement in India represents a landmark evolution in social justice, transitioning from colonial-era criminalization to constitutional validation. The movement highlights the role of public activism in challenging social invisibility and securing fundamental rights through judicial intervention.
Why in News?
- June is globally observed as Pride Month to recognize LGBTQ history and identity.
- Recent discourse has revisited the first Indian pride march held in 1999 in Kolkata, known as the Kolkata Rainbow Pride Walk, which marked the beginning of organized public visibility for the community in India.
Static Link
- The issue is fundamentally linked to Part III of the Constitution (Fundamental Rights).
- It relates to the interpretation of Article 14 (Equality), Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), Article 19 (Freedom of expression), and Article 21 (Right to life and personal liberty).
- UPSC often tests the application of these articles in the context of judicial activism and the expansion of personal liberty.
Institutional Link
- Supreme Court of India: The primary institution that has expanded the scope of individual rights for the LGBTQ community.
- Transgender Persons (Protection of Rights) Act, 2019: A legislative measure aimed at defining and protecting the rights of transgender persons.
- The Ministry of Social Justice and Empowerment is the nodal ministry for issues related to transgender welfare.
Core Prelims Facts
- First Pride Parade: Held in Kolkata in 1999, involving approximately 15 participants.
- Section 377 of the IPC: A colonial-era law that criminalized homosexual acts until it was read down by the Supreme Court in 2018.
- NALSA Judgment (2014): The Supreme Court formally recognized transgender persons as the third gender and directed the government to ensure their rights.
- Navtej Singh Johar Judgment (2018): Decriminalized consensual same-sex relations between adults.
Important Terms and Concepts
- Constitutional Morality: A concept used by the judiciary to argue that constitutional values (equality, dignity, liberty) should prevail over prevailing social or public morality.
- Decriminalisation: The process of removing criminal penalties from an act, though it does not necessarily grant full civil rights like marriage or adoption.
- Third Gender: A legal recognition granted to individuals whose gender identity does not align with the binary categories of male or female.
Bodies / Organisations / Institutions
- Supreme Court of India: The final arbiter of Fundamental Rights.
- Ministry of Social Justice and Empowerment: Responsible for implementing the Transgender Persons (Protection of Rights) Act.
Schemes / Laws / Reports / Conventions
- Transgender Persons (Protection of Rights) Act, 2019: Statutory framework for the welfare of transgender persons.
- Indian Penal Code (IPC): Contained Section 377, which was the central legal hurdle for the movement.
Possible UPSC Prelims Traps
- Constitutional vs Statutory: Aspirants often confuse court-mandated rights with parliamentary statutes. The NALSA judgment is judicial, while the 2019 Act is legislative.
- Article 15 Trap: Questions might frame whether discrimination based on sexual orientation is explicitly mentioned in Article 15; it is not, but the judiciary has read it into the broader interpretation of 'sex'.
- Section 377: UPSC may create traps regarding whether Section 377 was 'struck down' in its entirety or 'read down' (it was read down to exclude consensual acts).
One-Minute Revision Notes
- 1999: First pride walk in Kolkata.
- 2014: NALSA judgment (Third Gender recognition).
- 2018: Navtej Singh Johar judgment (Decriminalised Section 377).
- 2019: Transgender Persons (Protection of Rights) Act passed.
- Key Articles: 14, 15, 19, 21.
Practice MCQ for Prelims
1. With reference to LGBTQ rights in India, consider the following statements:
1. The Supreme Court in the NALSA judgment (2014) recognized transgender persons as a third gender.
2. The Navtej Singh Johar judgment (2018) completely struck down Section 377 of the Indian Penal Code.
3. The right to choose a partner of one's choice is considered a part of the Right to Life under Article 21.
Which of the statements given above are correct?
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2 and 3
Answer: C
Explanation: Statement 2 is incorrect because the Supreme Court did not strike down Section 377 in its entirety; it was 'read down' to exclude consensual acts between adults, meaning it still exists for non-consensual or specific criminal acts. Statements 1 and 3 are correct.
Original Article: https://indianexpress.com/article/explained/pride-month-history-first-parade-india-lgbtq-10718885/
Full Current Affairs Analysis: https://iasment.com/tracing-the-origins-of-indias-lgbtq-pride-movement-mains-specific/