LGBTQ+ Community and Violation of Their Fundamental Rights

Abstract

In India, approximately half of the population belongs to the marginalized section, which includes people belonging to scheduled tribes, scheduled castes, Muslims, and other backward classes. However, this article focuses mainly on the rights of the LGBTQ+ community. The subject of this article revolves around the grounds on which these communities are discriminated against and the essential steps required to ensure their equal participation in society. The Constitution of India provides its citizens with certain fundamental rights that are equal for everyone, and one cannot be discriminated against on the grounds that they belong to the third gender. Therefore, people belonging to the LGBTQ+ community have equal rights to life and liberty, education, employment, and political
participation in society. The state is responsible for maintaining order in society, and it is the duty of the state to ensure that the rights of its citizens are not violated. However, despite the presence of these laws, marginalized people continue to be discriminated against in society. It is not just about India, but every other nation consists of marginalized groups that are discriminated against and excluded from society in terms of employment, education, housing, etc. Even in developed nations like America, black people are discriminated against by white people on the basis of race and color. The rights of LGBTQ+ communities are an emerging topic and matter of concern worldwide. The rights of third genders are equally important, and their needs should be treated differently according to the requirements. It is the responsibility of the state to make refined policies keeping in mind the needs of these communities and also provide them with equal status in society.