LGBT Rights – Transgender Bill, Sec. 377, etc.

[pib] Measures taken by Govt. for LGBTQI+ Community

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Various schemes mentioned

Why in the News?

The Department of Social Justice and Empowerment has invited inputs to ensure that policies and initiatives regarding the LGBTQI+ community are inclusive and effective.

Who are the LGBTQ+?

  • It is an umbrella term used to refer to lesbian, gay, bisexual, transgender, queer and intersex.
  • LGBTQI+ people represent a subset of individuals among the broader category of sexual and gender diverse individuals.
  • Sexual orientation, gender identity and expression (SOGIE) is diverse and spans cultures across the world.

Various policy initiatives for LGBTQI+ Community:

Policy/Scheme Details
Supreme Court Judgment on Section 377 (2018) Decriminalized consensual same-sex relations by ruling that Section 377 of the Indian Penal Code, which criminalized such acts, was unconstitutional.
• Affirmed the right to privacy and equality, marking a historic victory for LGBTQI+ rights in India.
Transgender Persons (Protection of Rights) Act (2019) • Grants legal recognition to transgender individuals, prohibits discrimination in education, employment, and healthcare, and mandates the establishment of a national and state-level transgender welfare board.
• Ensures protection of transgender rights, and access to welfare benefits, and facilitates legal recognition and equality.
National Portal for Transgender Persons (2020) • An online platform launched by the Ministry of Social Justice and Empowerment for applying for a transgender certificate and identity card.
• Streamlines the legal recognition process, enabling transgender individuals to obtain official documentation more easily.
SMILE Scheme (2021) • “Support for Marginalized Individuals for Livelihood and Enterprises” Central Sector scheme.
• Provides financial assistance and support for the livelihood and enterprise development of marginalized individuals and beggars, including members of the LGBTQI+ community. 

 

PYQ:

[2023] Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

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