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Rights And Beliefs: LGBT Laws That You Must Be Aware Of In India!

Written By: Sonali
October 22, 2020
  • Full Read
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It’s been 25 months since the government ruled out Section 377 of the Indian Penal Code and acknowledged consensual homosexual sex between adults as legal.

But what still makes it inequitable is the constant objection offered by half the country — the constantly given looks full of disgust and words of utterly divisive judgement!

25 months of freedom and 25 additional months of remaining behind the closet!

While half of the janta is not ready to accept homosexuals and transgender people, the other half is loving and welcoming them with open arms. And with the constantly slow yet increasing rate of acceptance demands acknowledgement and awareness more than ever.

Let’s try to know more about the laws that favour the LGBT community and enable them to get their equal rights.

Same-sex marriages

Same-sex marriages are not yet legal in India; neither same-sex couples are offered rights such as a civil union or a domestic partnership. However, 2011 witnessed a Haryana court granting legal recognition to a same-sex marriage involving two women. 

In 2017, a draft of a new Uniform Civil Code was proposed to the Law Commission of India that also involved the demand of legalising same-sex marriages.

Rights And Beliefs: LGBT Laws (Source)

It defines marriage as “the legal union as prescribed under this Act of a man with a woman, a man with another man, a woman with another woman, a transgender with another transgender or a transgender with a man or a woman. All married couples in partnership entitled to adopt a child. Sexual orientation of the married couple or the partners not to be a bar to their right to adoption. Non-heterosexual couples will be equally entitled to adopt a child”.

Discrimination protection

According to Article 15 of the Constitution of India, discrimination on the grounds of religion, race, caste, sex or place of birth is strictly prohibited.

The Transgender Persons Act, 2019 also rules out any kind of discrimination against transgender people. However, the community have protested against it, claiming that the bill hurts the transgender community more than helping it.

Discrimination in high schools

Discrimination, bullying and ragging targeted at a student on the ground of their sexual orientation or transgender status are prohibited under the UGC Regulation on Curbing the Menace of Ragging in Higher Educational Institutions (Third Amendment), 2016.

Service in Indian Military

The LGBTI community is also banned from openly serving in the Indian Military. But, Member of Parliament Jagdambika Pal (BJP), in 2018, introduced a bill to the Indian Parliament to amend the Army Act, the Air Force Act, and the Navy Act that would allow LGBT people to serve in the military.

Transgender rights

The Indian Constitution recognises transgender people as a third gender population — neither male nor female. The community got its voting rights as a third gender in 1994. Recognised as socially and economically suppressed class, they are also entitled to reservations in education and jobs and the welfare schemes framed by the union and state governments.

Rights And Beliefs: LGBT Laws (Source)

People from the transgender community have a fundamental constitutional right to change their gender without any surgery and the entitlement of mandatory recognition of their gender as a third gender on official documents.

In April 2019, the Madras High Court declared that the term “bride” under the Hindu Marriage Act, 1955 would include trans women as well.

State laws

The Ministry of Health and Family Welfare’s plan Saathiya also includes homosexuality and states, “Yes, adolescents frequently fall in love. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner.”

The Madras High Court, in 2019, directed Tamil Nadu to ban sex-selective surgeries on intersex infants and upheld the marriage rights of transgender women.

There is a lot to happen, loads of petitions are pending — we are yet to witness more historical judgments, and while we wait for all of those — we need to make ourselves first. We need to accept the community and tell them that they are ours, and we belong to them — that we all are equal and deserve an equal way to live our lives. We need to prove ourselves first! 

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Sonali

A 'non-9-5 desk job' ambivert geek who chooses her own audience, Sonali loves sharing stories and finding the corners where humanity still exists! She believes that every individual's story is unique and special. She loves writing about the untouched and unspoken segments of society. When not writing, you can find her listening to someone's stories or playing with dogs. Sonali values mental health and encourages people to speak their heart out!

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Online Harassments Amid Pandemic — The Sad Reality!

Written By: Sonali
April 24, 2021 | 05:12 PM |
858

Highlights

  • What happens when a woman puts her contact details out for help?
  • All men aren’t bad… but some are!
  • Is there any end to online harassment?
  • How can women stay safe by themselves?
  • Quick Read
  • Full Read

In a time when the pandemic is at a fight with people — when the leaders have left us all alone and the hospitals are running out of oxygens and beds — there are some people who are just not able to stop thinking from their genitals!

A sick environment is responsible for the sick mentalities around, but what would someone do when half the country is sick both physically and mentally?

Well, this is the reality — sad, and it is going to take a lot of time to get fixed.

Read to know what COVID-19 is bringing with itself along with the deadly virus!!

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What happens when you put your contact details out for help amid the pandemic?

People praise you — thank you for being a good samaritan and help you as much as they can!

So… what happens when a girl or a woman put her contact details out for help?

Well, well… before you guess, check these few tweets out!

A guy updated his ex’s phone number on an editable covid information list just for revenge. The girl broke down after a while and the patients got false hope and ended up wasting time and energy. This is the sad state of evilness in such upsetting times.

— Aanchal Agrawal (@awwwnchal) April 19, 2021

Been looking for plasma donors, and my no has been around in some groups + stories. I've fielded calls from men asking me if I'm single, if I can share photos, my dp is nice etc, and 1 "friend" who said he'd help if 'at least now you go on a date with me'

Some men are DISGUSTING

— Shasvathi Siva (@shasvathi) April 15, 2021

I thought it wouldn't get worse, but since this morning, I've received (on whatsapp) 3 dick pics, and 7 men trying to video call me continuously. Even in a medical emergency, men think only with their genitals.

Women: NEVER, EVER let your number out in public forums. https://t.co/CAJJKiQmR6

— Shasvathi Siva (@shasvathi) April 16, 2021

Yeah, you see, all men aren’t bad… but some are!!

In a time when the pandemic is at a fight with people — when the leaders have left us all alone and the hospitals are running out of oxygens and beds — there are some people who are just not able to stop thinking from their genitals!

A sick environment is responsible for the sick mentalities around, but what would someone do when half the country is sick both physically and mentally?

“A lot of good samaritans came forward to help out and give me contacts. A few friends helped me get the word out by asking some influential contacts to post on my behalf. And my number was circulated. That’s when the issues began. In a day, I got multiple video calls, so fast in succession that I couldn’t find a few seconds to block. It was wildly violating my space,” wrote Mumbai-based writer Shasvathi Siva on her Twitter page describing the horror she went through — only because she thought of helping and battling the pandemic.

What’s the end to this?

“A guy updated his ex’s phone number on an editable Covid information list just for revenge. The girl broke down after a while, and the patients got false hope and ended up wasting time and energy. This is the sad state of evilness in such upsetting times,” wrote another Twitter user, Aanchal Agrawal.

And this is not it. There would be innumerable of such stories — untold, unshared and unreported.

To avoid such a horror experience, NS Nappinai, advocate, Supreme Court and founder of Cyber Saathi, shares, “almost in every household there is a minimum of two phone numbers. Give out your brother’s number, or someone else’s number or even the hospital’s number. Look at the alternative, which is the least personal. Also, put a date on the message. There might be a chance that it will not get circulated beyond that date. They just have to be cautious.” 

That’s what Shasvathi only says,

My advice to all women is to not put numbers on a public forum. The stress isn’t worth it. As much as I wish we could live freely, we really cannot. Rather use a male friend/dad/brother’s numbers.

“The people who take advantage of such situations don’t understand the seriousness of it. They think they pulled a fast one on somebody. It is important, therefore, to nip such depraved actions in the bud through the legal process. I still have sick family and friends, that’s where my focus is,” she added.

“When dealing with such Covid related requirements and services, please stick to the verified portals for help — registered NGOs or authorised government agencies. Even now, the government agencies are sharing the contact details of various legitimate vendors on social media, so please check for whether they are verified and legit sources or not,” said Prathamesh Sonsurkar, cybersecurity expert and founder of WhiteHack OPC.

“Check the person’s social media posts – their comments section. Scan for authenticity and keep a lookout for any untoward comment or post by the person,” he further added.

Too much gyan from too many people?

Well, this is the reality — sad, and it is going to take a lot of time to get fixed.

Women are advised to be cautious by themselves.

Look for safer options. Look for a secure way of sharing information about the pandemic. And do not share any important and personal details online. While there are too many needy people around us, there are a few perverts wandering as well!!

To register a complaint against online harassment, visit https://cybercrime.gov.in. 

Sad very sad height of frustration : pic.twitter.com/j1RZfcjmj7

— Siddhanth Pilania (@sidhanthpilania) April 19, 2021
coronacoronavirusPandemicsexual harassment

Sonali

A 'non-9-5 desk job' ambivert geek who chooses her own audience, Sonali loves sharing stories and finding the corners where humanity still exists! She believes that every individual's story is unique and special. She loves writing about the untouched and unspoken segments of society. When not writing, you can find her listening to someone's stories or playing with dogs. Sonali values mental health and encourages people to speak their heart out!

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