Analysis on Discrimination Faced by LGB (Lesbian, Gay, Bisexual) People in India

  • Lakshmi Nair and Sreejith Nair
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  • Lakshmi Nair

    Assistant Professor at Haveli Institute of Legal Studies and Research, India

  • Sreejith Nair

    Advocate at High Court of Gujarat, India

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Abstract

Though sexual desire, instinct, and attraction are inherent human characteristics, acceptance of sexual orientation is a result of cultural perspective. Many different aspects of sexual identity, including biological sex, gender-identity, sexual orientation, and others, are influenced by both biology and psychology. Anti-homosexuality or hostility towards unnatural sexual practices were never a part of original Indian thought; instead, they are a product of colonialism and modern biased religious convictions. Researcher analyze that those people who openly declare their unconventional sexual orientations, such as being LGB (Lesbian, Gay or Bisexual), are finding it difficult to adjust and flourish at workplaces as they are harassed and bullied by their co-workers, and also denied with the opportunities to explore and grow. It is found that despite the Supreme Court's decision in National Legal Services Authority (NALSA) v. Union of India which has become a progressive stance on decriminalizing homosexuality, the LGBs are not ensured with civil rights or protection from other forms of discrimination and harassment. It cannot be denied that this social stigma has its roots to the existing intolerance and inclusiveness that this old country lost all through its multiple pre-independence invasions. Researcher analysis that all the organizations must embrace specific rules and policies in support of this community in order to eradicate or the least prohibit discrimination based on once gender identity or sexual preferences and to produce a healthy atmosphere. It becomes the duty of legislature to make necessary changes and create new policies that paves way for this necessary social reformation.

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Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 2, Page 82 - 90

DOI: https://doij.org/10.10000/IJLSI.111790

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