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Rights and challenges faced by LGBTQIA+ community UPSC NOTE

 Legal status of same-sex acts

  • At present, as many as 59 countries penalise any expression of queerness

  • In countries such as Ghana and Indonesia, those engaging in homosexual activities are punished with imprisonment or worse, death.

Same-sex marriage in different countries

  • While 79 countries have banned same-sex marriage, 37 have fully legalised it

Stances on employee discrimination

  • In 90 countries around the world, there are no legal protections available to queer employees


  • A few countries have also left the communities unrecognised, rendering their status ambiguous. India falls under this category. 

  • Some have allowed same-sex couples to opt for civil unions. 

  • While the Supreme Court of India decriminalised homosexuality in 2018 by partially striking down Section 377 of the Indian Penal Code, the Indian queer communities’ plea to the Court to legalise same-sex unions was rejected in October 2023. 

  • Indian courts have acknowledged same-sex couples’ right to cohabitation.

  • Although being queer is not a crime in India any more, people who identify as queer still face discrimination, harassment, and exclusion. 

  • They are not afforded the legal aid necessary to protect themselves from discrimination.

  • Transgender and intersex employees in India can seek legal recourse in the face of discrimination on the basis of gender in hiring, promotion, termination, or harassment. 

  • The Transgender Persons (Protection of Rights) Act, 2019, prohibits unfair treatment with regard to employment, education, healthcare, public facilities, residence, and more.

  • India is one of the four countries in the world that provides employee legal aid only on the basis of gender identity, including transgender persons. 

  • However, employees are not guaranteed any legal aid when discriminated against on the basis of sexual orientation.

  • In India, members of the LGBTQIA+ communities cannot be recognised as co-parents to an adopted child. 

  • However, as per the Juvenile Justice (Care and Protection of Children) Act, 2015, a prospective adoptive parent is allowed to adopt a child irrespective of marital status



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Rights and challenges faced by LGBTQIA+ community UPSC NOTE
Rights and challenges faced by LGBTQIA+ community UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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