biased, atrocious and exploiting weaker sections.

In the census 2011, Transsexuals for the first time were considered to be counted in the
Indian population, under the category others!, When its a well known fact that a
transsexual human cannot be a male or female, why not make a separate sex for them and end
this who are they chaos forever?

And its not just about transgender alone, even gay men and women are not given the same
status in the society. Through this project Id like state the facts about this LGBT group ,
talking about the legal reforms that can change their lives, stating their social conditions an
covering the history of such people in our country.

In his book, Queers-despised sexuality, law and social change, Arvind Narrain quotes an
incident, where Manorama being molested by stray perverts on the main street of Bangalore,
said Even if its dog, people show pity, but when they see us they start abusing and throwing
stones at us! Why dont they see us as human beings?

Irony, pain, and exploitation surround them, and now all they wait for is a savior, a legal
altruistsavior!

coming out of the shell, and disclosing their despised sexuality. The fear that haunts them is
basically about acceptance from the typical Indian orthodox societal setup, where such acts
are still taken as unnatural and acts against god.

The satire about the entire special orientation community is, all of them are called Gay (men
who like men), or transgender. The irony is, people who are not even aware of what does the
rainbow umbrella orientation stands for they are always up for teasing, exploiting, abusing
these communities, results of which are catastrophic.

This is a doctrinal research and the sources of practical problems would be NAAZ foundation
and few LGBT prodigies.

The topics covered in this project report would be, the social standing of the LGBT
community, the history of LGBT in Indian context, the legal aspect and legal remedies
provided to the LGBT community and, some suggestive laws.
Chapter-2
Research Methodology

Aims and Objectives:

This research paper concentrates on the analysis of Historical and social condition of Lesbian,
Gay, Bisexual and Transgender communities in India. The desideratum is to revive the sad
plight using some reformative laws.

Research Questions:
This paper will try to answer the questions regarding the above mentioned topic with specific
attention towards the standing of LGBT groups. Following questions will be answered:
History or LGBT groups- Part of Indian culture, or impact from the western land?
Their social standing in India, why are they looked down up on?
What does the law say?

Scope and Limitations:

The scope of the research paper is expanse and deals with the issues of socio-historical status
of the people belonging to the LGBT group. The information though not exhaustive, has been
compiled so much as to substantiate the arguments presented. The research paper does not go
in much detail about how the rest of the society is affected by any of the issue presented in
paper but is confined only to the issues concerning LGBT community.

Method of Writing:
This paper has been written in descriptive and analytical style.

Mode of Citation:
This project report follows the citation style as per laid down in The Bluebook: A uniform
style of citation (Columbia Law Review Association et al. eds. 19th Edition 2006).

Sources of Data:
The research paper mainly uses secondary and tertiary sources like internet sources, opinions
of the authors and other writers on the LGBT related issues etc. The research paper also
includes empirical research work where opinion of some 187 students was taken via
questionnaire. Self opinions have also been included.
Chapter- 3
Defining Sexuality

"I am befuddled about my sexual introduction, Bisexual or lesbian? Alternately perhaps some
place in the middle?! I don't have the foggiest idea.. What's more generally I couldn't care
less much for those marks... Whoever I'll wind up with I'll wind up with.

Why the inquiry inconveniences me a bit however, is on account of I'd like to be more
genuine to others. Yet how am I expected to turn out without recognizing what I am. I can't
say "I'm not hetero, either bi or gay person." Nobody will take me genuine and see it as an
issue.

I figure I'll have to shroud my affections for a bit longer "

The lines above portray the disarray of Natalia(ms.individual on web), about her sexual
introduction which is a significant issue of concern in western terrains. I particularly said
western grounds, in light of the fact that in India, the social and lawful situation does not give
much flexibility to individuals to comprehend the idea of sexual introduction and find their
own.

What is sexual introduction?

The course of one's sexual enthusiasm to parts of the same, inverse, or both genders,
particularly a heading seen to be directed by physiologic as opposed to sociologic powers.
Replaces sexual inclination in most contemporary employments.

Fundamentally the fascination and enthusiastic, physical, mental and social fulfillment one
sees from the inverse or same sex making a pine for to be with that individual as an issue is
sexual introduction. Sexual introduction alludes to a persevering example of passionate,
sentimental, and/or sexual attractions to men, ladies, or both genders. Sexual introduction
additionally alludes to an individual's feeling of personality focused around those attractions,
related practices, and participation in a group of other people who offer those attractions

There are different hypotheses about the beginning of one's sexual introduction however very
nearly every hypothesis entireties up by saying it either creates in the mother's womb or amid
right on time pre-adulthood, Most researchers today concur that sexual introduction is
undoubtedly the consequence of a complex association of natural, cognitive and organic
components. In a great many people, sexual introduction is molded at an early age. There is
additionally significant late proof to propose that science, including hereditary or
characteristic hormonal components, assume a critical part in an individual's sexuality . As it
is even more an organic component regardless of human control, most analysts accept that
sexual introduction can't be changed, or forced.
Chapter- 4
Kinds of Sexual Orientation

Till date, though there have been many kinds of sexual interests found, there are 4 profound
sexual orientations:

1. Heterosexual/Straight:
Erotic attraction, predisposition, or sexual behaviour between persons of the opposite
sex1. The most natural and socially acceptable orientation, when the individual has
liking towards opposite sex, the person is said to be Heterosexual.

2. Homosexuality/Gay/Lesbian:
When an individual tends to like, or gets sexually attracted towards people of same
sex, they are said to be called Homosexual. Gay is a term which is used for both
homosexual men and women and lesbian is specific to homosexual women.

3. Bisexuality: At the point when an individual is pulled in to both the inverse and same
sex, they are called promiscuous. Numerous individuals are completely gay or
lesbian, and are drawn sexually and sincerely just to accomplices of the same sex.
Others are totally hetero, holding in sexual and private connections just with
individuals of an alternate sex. Be that as it may there is a huge rate of individuals
don't fit conveniently into both of these classes, in light of the fact that they encounter
sexual and passionate attractions and affections for individuals of diverse sexes sooner
or later amid their lives. For absence of a finer term, they are called bisexuals, albeit
numerous individuals like to call themselves "pansexual," "non-particular," "sexually
liquid," "ambisexual," or "omni-sexual. "
4. Transgender: Transgender' portrays an individual, male or female, who dresses,
carries on or presents themselves in a manner that is unique in relation to their sex
standard. Transgender incorporates transvestites/cross dressers, Drag Queens/Kings,
androgynies and sexual orientation queers. It does exclude transsexual individuals.
"Transsexual" depicts an individual, male or female, conceived with an innate
neurological intersex condition (Benjamin's disorder). In spite of the fact that
transsexualism quite often obliges some type of therapeutic mediation up to and
including genital surgery, it is not characterized by, nor limited to, that treatment.

1 The American Heritage Stedman's Medical Dictionary available at

http://dictionary.reference.com/browse/sexual+orientation (last visited 17th November, 2014)
Homosexuality: Questions On Basic Facets Of Human

The sexual fascination or the sentimental conduct among individuals fitting in with same sex
gathering prompts homosexuality. It could be either situational or persevering aura. As an
issue introduction, homosexuality is considered to exist in the hetero gay person continuum
of human sexuality, and alludes to a singular's personality focused around those attractions
and participation in a group of other people who offer them. Homosexuality is found in
numerous creature species. It's truly hard to focus precisely the commonness of gay person
nature among the people. However research and studies propose somewhere around two and
twenty percent of the populace shows some level of gay person inclination, however in a lot
of people prior societies gay person relations were very pervasive.

A standout amongst the most vital purpose of slant of our open deliberation is that
homosexuality is natural and its unchanging in nature. Also in this structure just it is generally
acknowledged by people in general, gave they are persuaded of the way that the
homosexuality is characteristic.

Neuroscientist and gay person Simon Levay expressed: "...people who feel that gays and
lesbians are conceived that way are likewise more inclined to help gay rights."

Legitimate meaning of homosexuality characterizes it as an issue contact and between two

persons of the same sex as man and man or lady and lady. However outside legitimate part of
homosexuality, it has a much more extensive viewpoint conceding fascination as well as
considering the idea of sexual fascination or slant towards the same sex part.

The term homosexuality was not created until the late nineteenth century. Generally the law
concerning homosexuality or those rehearsing it, gay people, has focussed on homosexuality
(Intercourse by means of the butt, carried out by a man with a man or lady) as the
wrongdoing, not homosexuality.

It was held by the U.s. Incomparable court in Browers v Hardwick 478 US 186 that
"solutions against homosexuality have extremely old roots. Choices of people identifying
with gay person behavior have been liable to state mediation all through the historical
backdrop of Western Civilisation. Judgment of those practices is immovably established in
Judeao-Christian good and moral gauges. Gay person homosexuality was a capital
wrongdoing under Roman law. Amid the English Reformation when forces of the clerical
courts were exchanged to the lord's courts, the first English statute criminalizing
homosexuality was passed. Blackstone depicted "the notorious wrongdoing against the
nature" as an offense of "deeper harm" than assault, intolerable act "the very say of which is a
disrespect to personal temperament," and "a wrongdoing not fit to be named."
Major and clearly hopeless clashes exists in North America over equivalent rights and
securities for GLBT persons (gays, lesbians, bisexuals, transgendered people and
transsexuals), including the right to wed. A large number of them are actually living up to
expectations towards this society which includes that persons of each of the three sexual
introductions (hetero, indiscriminate and gay person) and different sexual personalities
(cisgendered, transsexual and transgendered) are acknowledged, esteemed and given
equivalent rights and insurances. Homosexuality, promiscuity and heterosexuality are
perceived as unchosen, regular, typical and altered sexual introductions in adulthood.

In American society what we discover is homosexuality is not controlled, however it forbids

non procreative sexual movement all the more for the most part. It doesn't recommend the
regard of homosexuality as a rule yet has a tendency to demonstrate that this specific
manifestation of behavior was not considered a different class like behavior between hetero
persons. The nonattendance of legitimate disallowances concentrating on gay person direct in
American culture may be clarified by the way that as indicated by a few researchers the idea
of gay person as an issue classification of individual did not rise until the late nineteenth
century.

In 1993, M. Noble wrote in BMJ (British Medical Journal) the accompanying:

A few societies - for instance, the Assyrian and Graeco-Roman - were more tolerant of
homosexuality. The conduct was drilled straightforwardly and was exceptionally
predominant. Sexual examples are to some degree a result of society's desires, yet it would be
hard to visualize a change in the commonness of the hereditary characteristic only because of
changing social standards

Concerning the issue of homosexuality and decision, given the presence of ex-gay people and
given the presence of human societies where homosexuality has evidently not existed, the
position that homosexuality is eventually a decision in people or at any rate can be a decision
in people has solid evidential backing. In short, there is a solid contention that one can leave
homosexuality. Also, given that the gay person populace has fundamentally higher rates of
numerous ailments and the gay person populace likewise has essentially lower rates of
different measures of mental wellbeing it can be firmly contended that participating in gay
person acts is a terrible decision for people. An alternate other component that makes taking
part in gay person acts a terrible decision for people is the fundamentally higher rates of
abusive behavior at home in gay person couples. Also, as per specialists gay person killings
are moderately or truly basic and regularly gay person homicides are extremely merciless.
Additionally, the gay person populace has a more prominent penchant to participate in
unlawful medication utilization.

The fantastic Indian reaction to the issue of homosexuality is that "We don't have any". We
Indians have gay person acts in our groups yet no one is prepared to acknowledge it. Its sort
of enduring the gay person exercises in Indian groups. However in the event that we look the
current situation in our Indian culture, what appears the purpose for this opposing stance? To
answer this inquiry we have to investigate the social build of sexuality in our Indian culture.

In India, Section 377 of the IPC expresses that 'Whosoever has fleshly intercourse
deliberately against the request of nature with any man, lady or creature should be rebuffed
with detainment forever, or detainment for a term which may reach out to 10 years, and might
be obligated to fine'. With the reception of the law in 1860, by the British Government,
homosexuality got to be unlawful in India. The discipline for participating in gay person
connection can go up to long lasting detainment. The extent that the requirement of the
homosexuality laws in India is concerned, the nation has barely perceived any feelings in the
most recent 20 years.

Albeit being an Indian and staying in the Indian culture we don't help the idea of
homosexuality, yet regardless the idea is stemming out with the liberalization of our general
public. One can recognize gay night life mushrooming during the evening in metropolitans
like Delhi, Mumbai and Bangalore. Infact, Time Out (a fortnightly magazine in Delhi) has a
different segment, in which the gay occasions happening in the city are secured.

In a historic point judgment, the Delhi High Court on Thursday struck down the procurement
of Section 377 of the Indian Penal Code which criminalized consensual sexual
demonstrations of grown-ups in private, holding that it damaged the basic right of life and
freedom and the right to equity as ensured in the Constitution.

A Division Bench of Justice A.p. Shah and Justice S. Muralidhar in its 105-page request said:
"We pronounce that Section 377 of the IPC, insofar as it criminalizes consensual sexual
demonstrations of grown-ups in private, is violative of Articles 21 [right to Protection of Life
and Personal Liberty], Article 14 [right to Equality before Law] and Article 15 [prohibition of
Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth] of the
Constitution.

"We hold that sexual introduction is a ground practically equivalent to sex, and that
segregation on sexual introduction is not allowed under Article 15," the judgment said. Then
again, the court illuminated that "the procurements of Section 377 will keep on administering
non-consensual penile non-vaginal sex and penile non-vaginal sex including minors."

The judges additionally said that by grown-up they signified "everybody who is 18 years old
or more."

"An individual underneath 18 would be assumed not to have the capacity to agree to a sexual
demonstration," the judgment said.
The Bench further said that "this elucidation will hold till, obviously, Parliament decides to
correct the law to effectuate the proposal of the Law Commission of India in its 172nd Report
which, we accept, uproots a lot of disarray."

The judgment additionally made it clear that it would not bring about re-opening of criminal
cases including Section 377 that had effectively achieved conclusion.

The decision went ahead a PIL request by Delhi-based non-government association Naz
Foundation that the Section 377 procurement criminalizing sexual acts between consenting
grown-ups in private disregarded Articles 14, 15, 19 and 21 of the Constitution. The
Foundation meets expectations among sex laborers in Delhi.

Yet the circumstances is not the same on the off chance that we get down to little urban
communities of India or on the off chance that we take a gander at the provincial segment of
Indian culture. As we dive deeper in the Indian situation what we discover is that without the
family help or the societal backing the gay person couples favor remaining quiet about reality
covering up in the storeroom. Now and then it gets to be extremely troublesome for them to
acknowledge themselves the way they are and it likewise brings about them getting hitched to
the inverse sex out of family weight. As an issue the marriage is never effective and
connection gets truly disappointed.

In spite of the fact that the good High Court of Delhi has passed its judgment for the gay
people however the Indian group has not acknowledged homosexuality till date. It is picking
up distinguishment progressively. Bollywood has been one of the principle patrons behind it
in India. Presently days even the media is supporting a great deal these gay people to get
fitting distinguishment in the nation.

Non Government Organizations (Ngos), National Aids Control Organization (NACO), Union
Ministry of Women and Child Development, Law Commission of India and Planning
Commission of India have requested sanctioning or at any rate de-criminalization of
homosexuality, in perspective of the need to control HIV/AIDS. Whether they get fruitful or
not is left to be seen.

It is no astonishment then that the thought of a gay person contact as an equivalent

interchange to a hetero one doesn't exist outside a little set of urban Indians; that would
undermine the social request. Rather, the Indian reaction is: the length of men satisfy their
customary commitments to family and offspring, their gay person acts are (uneasily) endured.
Eminently, as per the Kakars, the lion's share of even the individuals who keep engaging in
sexual relations with other men don't see themselves as gay person. "Indeed feminine men
who have a solid craving to get penetrative sex are prone to consider their part as spouses and
fathers to be more vital in their unmistakable toward oneself proof than their gay person
conduct." Lesbian action is constantly seen as an issue to sexually disappointing relational
unions."
The Lesbian, Gay, Bisexual and Transgender (LGBT) group in India has made eminent
strides in urban milieus. Hundreds walked in Pride parades not long from now. Yet advance
essentially means advance has been made. Incredible incongruities remain and demeanor in
this profoundly traditionalist nation are moderate to change.
Chapter- 5
History of LGBT communities in India

Though, there is a common misconception that homosexuality is an ill effect of globalization

and it is an influence from the European countries, still there exist significant literature which
proves that homosexuality is as old as heterosexuality, though it was criminalised.
The Arthshastra, an ancient Indian vamsa on statecraft, clearly describes a wide variety of
non-vaginal sexual practices which, irrespective of being performed with a man or a woman,
were often punished with the lowest grade of fine. While homosexual intercourse was not
openly accepted, it was treated as a very minor offence, and several kinds of heterosexual
intercourse were punished more severely2.

Transgender often take pride, describing their origin in Hindu origin, where they were born
out of lord Vishnus lap when he disguised himself as a beautiful apsara Mohini, another
theory says, they are a form when lord Shiva and Parvati merged to become Ardhnareshwar,
Transgender are also found in Mahabharatha,in a chapter prior to the Kurukshetra war,
Ahirwar offers his lifeblood to goddess Kali, to ensure the victory of the Pandavas, and Kali
consents to grant him the desired power. A night before the battle, Aravan expresses a desire
to get married before he dies, No woman in the state had a will to get married to a man
doomed to die in a few hours, so Krishna disguises the form of a beautiful woman called
Mohini and marries him. In South India, hijras claim Aravan as their progenitor and call
themselves "aravanis3.

Ramayana likewise has a concise presentation of transgender, where when Rama leaves
Ayodhya for his 14-year oust, a swarm of his subjects tail him into the woods on account of
their colossal trust in him. Before long, when Rama notices this, he accumulates them to let
them know not to grieve, and that all the "men and ladies" of his kingdom ought to come
back to their spots in Ayodhya. Rama then leaves after his endeavors for a long time. When
he comes back to Ayodhya, he finds that the hijras, being not men or ladies, have not moved
from the spot where he gave his discourse. Awed with their commitment, Rama awards hijras
the shelter to present favors on individuals amid favorable inaugural events like labor and
weddings. This aid is the root of badhai in which hijras sing, move, and offer favors to the
individuals.4

2 Vanita & Kidwai, history and sex, 25(1st ed.,2001)

3 Narrain, Siddharth. "In a twilight world". Frontline (The Hindu Group) 20 (21st October 2003).

4 Id at 24.
Kamasutra, an intense literature on sexual practices has a special chapter IX, where same sex
practices are elaborately described, specially the sexual practices by eunuchs, essentially had
8 tasks The nominal, congress, Biting the sides, Pressing outside, Pressing inside, Kissing,
Rubbing,Sucking a mango fruit, Swallowing up.5
One cannot deny that homosexuality was acknowledged in ancient India, though it was
treated as trivial crime. Exhaustive literature in Kamasutra and several idols in Khajuraho
temples, quite vividly depicts several same sex, group sex positions. The earliest man, Manu
is assumed to be a hermaphrodite and it is assumed all his children were born by himself.
Even his 9th child ILA is assumed to be a hermaphrodite 6. In Manusmriti points 368,369,370
also talks of punishments of homosexual intercourses.
Thus entire history quite evidently talks of Homosexuality and its different forms.

5Kamasutra available at http://www.spaceandmotion.com/kama-sutra-homosexuality.htm (last

visited 21st oct, 2014)

6 1 Ruth Vanita, Homosexuality in India, past and present 14( 1 st ed., 2010)
Chapter 6-
Transgender7.
Transgender persons face severe discrimination in our society, in areas ranging from suitable
medical care to parental rights; from individual identification documents to the freedom to tie
the knot. And conceivably most common, transgender people face pestering and inequity in
the areas of employment, housing, and community accommodations mistreatment that
threatens their liberty to work and live safely in their own community.
Like gay men, lesbians and bisexuals, transgender people often find that the legal system is
inadequately capable of to deal with their requirements and concerns. Throughout the 1970s
and 1980s, courts frequently held that transgender people were not sheltered under existing
non-discrimination statutes.

Legal Principles for addition of Transgender People Under active Anti-Discrimination Laws

Nobody should be pestered or oppressed focused around another person's concept of

"suitable" male or female sex character. Five New England states, Rhode Island, Maine,
Vermont, Connecticut and, viable July 1, 2012, Massachuestts give express legitimate
securities to transgender persons. That just leaves New Hampshire without unequivocal
insurances for sexual orientation character and a coalition is attempting to get the New
Hampshire assembly to order comparable securities.

Transgender individuals have generally had almost no insurance under government and state
against separation statutes. Sometimes, this rejection is made express, as under the
government Americans with Disabilities Act, which particularly expresses that its hostile to
separation securities don't matter to transgender individuals. All the more frequently, there is
no unequivocal rejection, however the courts translate the statutes to reject transgender
individuals from insurance.

These choices holding that transgender individuals are prohibited from security were focused
around predisposition instead of any principled reason. They depended on slender meanings
of sex and sex, leaving transgender individuals attempting to fit into a lawful framework that
perceived just natural guys and females, without perceiving a range of sex outflow past the
classifications of "ladies" and "men," which the law and society conceptualize as divided,
different and oppositional.

Transgender individuals have a quintessentially criticizing condition a condition that once

in a while produces distress or fear in others. As an issue, transgender individuals may be

7 S. Whittle, Transgender Rights: The European Court of Human Rights and New
Identity Politics for a New Age, in A. Hegarty and S. Leonard, eds., Human
Rights: An Agenda for the 21st Century (London: Cavendish Publishing, 1999),
201-6; S. Whittle, New-isms: Transexual People and Institutional Discrimination
in Employment Law, Contemporary Issues in Law (2000), 31-53
significantly restricted as an issue of the negative demeanor of others to their impedance,
whether their sexual orientation personality condition itself generously breaking points real
life exercises. The nonsensical reasons for alarm appended to transgender individuals are
undifferentiated from the kind of shame and generalizations connected with HIV. At the point
when a transgender individual is denied business or administrations focused around a
contrary response to their transgender personality (counting their sexual orientation non-
acclimating individual appearance and presentation), that individual may be secured on the
grounds that he or she has been "viewed as" having a mutilation.

Legal Grounds to Protect Transgender People When There is no Explicit Protection:

Segregation Based on Sex

Most examples of victimization transgender individuals can be genuinely marked as sex-

based; move is made against an individual due to universal reasoning about the way of men
and ladies (about their appearance and deeds, including a conviction that men and ladies can't
or ought not change their sex).

Separation Based on Disability

State laws that prohibit separation on the premise of handicap offer a critical wellspring of
lawful security for transgender individuals. On account of misperceptions and errors about
incapacity laws, some individuals have articulated distress in seeking after lawful assurances
for transgender individuals focused around handicap. The expression "inability" in against
separation laws, then again, is not utilized as a part of the in vogue or conversational sense,
and is not limited to people who are broadly hurt or who show up apparently sick. Rather,
under hostile to segregation laws, the expression "incapacity" alludes to people who have a
plentiful scope of genuine wellbeing conditions. Mistaken assumptions about the expression
"handicap," and the disrespect coupled with incapacity, ought not keep individuals' entre to
the courts and different insurances.

Separation Based on Sexual Orientation

Numerous transgender individuals are battling or treated hurtfully on the grounds that they
are recognized as, or expected to be gay. Presumptions around an individual's sexual
introduction might frequently happen either due to clothing the individual wears or on
account of their sex appearance, which may be subtler than an individual's clothing. In such
cases, in spite of the fact that the transgender individual might be gay or lesbian, he or she
may at present have a say focused around existing laws that restrict separation focused
around genuine or asserted sexual introduction that exist in each of the six New England
states.
Other Legal Issues

Marriage

The authenticity of a transgender individual's marriage has turned into a precarious issue.
collective marriage is seen to be accessible just to so- called "inverse" sex couples, courts
here and there oblige a determination of a transgender individual's sex, and the court's
determination could possibly be predictable with the singular's personality, or even with the
sex status pondered government records, for example, a driver's permit.

This is a quickly creating region of law where a few things are smeared and puzzling and
where we don't yet have a lot of supervision as to the application and usage of the law.

Privileges Of Transgender Parents

Like gay men and lesbians, transgender individuals frequently end up fighting for the
guardianship of their youngsters. Despite the fact that authority choices in a perfect world
ought to be focused around the best advantage of the kid, sovereign of the guardian's sexual
orientation character, the case law on this issue is inconsistent.

In 1989, in a most upsetting choice, a Nevada Court not just denied a transgender parent the
right to real guardianship, in any case closed parental rights exclusively on the premise of
transgender status. The court held that the tyke ought not be required to experience the
psychosomatic conformities vital for arriving at terms with a guardian's transgender
personality. As opposed to assessing what was to the greatest advantage of the tyke, the
court's decision appeared to turn on whether a transgender individual, by definition, is
overweight and poor as an issue.

Utilization Of Public Restroom Facilities By Transgender People

Transgender individuals frequently chance substantial mischief and group mortification when
they pick a restroom office. They are habitually unasked for or uncomfortable in either the
restroom of the sex credited to them during childbirth or the restroom proper to their sexual
orientation character
Chapter 7
Social Stigmas- Taboos of Indian societal set up.
Goondas were harassing Manorama (a Hijra), opposite sangam theatre in Majestic, Banglore.,
while people gathered around and watched the amused tolerance. Manorama angrily turned
on the public: If your brother is like me, will you keep staring? As she observed to us,
Even if its dogs, people show pity, but when they see us, they start abusing us, throwing
stones. Why dont they see us as a human?8

This scenario is not specific to Manorama alone. Every day on the road 100s of eunuch are
abused and made fun of. In this country being a murderer is not crime, but being a
transgender is a crime.9 90% of the transgender crowd work as sex workers or are active
prostitutes. The rest of the communities though are in their respective jobs, but without
coming out of the closet. The lay mans perception on people belonging to LGBT is very
inferior. The society doesnt treat people out of the closet very well. They often call all gays
and bisexual men as chakkas (derogatory term used for transgender ). The atrocities is
specifically for trans sexual, As they belong to very low economic status and are not offered
jobs even though they are qualified, they are made to be beggars and sex workers.
I have studied up to 12th standard, and I am willing to do any work that suits me. Even
NGOs except very few like Thai hesitate to recruit us! See, this society looks at us as
Sex Workers and cheaters, what mistake I made in my life? Is having been born as.
transgender my fault? Only in Sex Work and Begging, they dont ask any
qualifications10
Indian society has a very demeaning outlook towards entire LGBT group. An LGBT person if
is out to the society about his/her orientation, it is not offered jobs anywhere as they are
thought to be scary and assumed to leave a negative impact on the society. They are even
restricted at various places, and at times the shopkeepers even go to the extent of coming into

8 Arvind Narrain, Queers- despised sexuality,5(2009)

9 Dina Thanthi( banglore edition), 10(October 4,2002)

10KARTHIK LAKSHMANAN R M , JOSEPH VICTOR, A study of general well being of male to female
studies in Chennai, 12(January, 2003)
contracts with Hijras , to give them a monthly price, so that they dont come to his/her shop.
Dejected by the society, it becomes a scene of amusement when people belonging to lgbt
community goes out for dinner or a movie at some respectable place. Even the definition of a
lgbt pesrson has ambiguities depending on whom is inquired. A hijra herself may take pride
in being, above all else, a ritual performer, sanctioned by the gods to bless families, while
eschewing talk of what may be her primary work: prostitution. An outsider, upon first sight of
them aggressively attempting to seize a customer on the street, may believe the hijras to
solely be prostitutes. I often call my transgender friends over a home party, if people act
inquisitive as to why I am calling them home I become delighted and take sheer pleasure in
telling them, how normal those people are, I to be true take this as an opportunity to explain
them! smirked, Shashi Bhushan, when we enquired about what do people say when they
see you working with the transgender, and he being gay. The entire misanthrope revolves
around the chaos that these people dont have an identity or the social standing. Their
economic condition is pain excruciating and thus they are forced into prostitution. Not only
that, every day there are thousands of cases where a person from LGBT group is abused,
defamed, molested in the society and police becomes least supportive. remarks Sujata
Sharma, chief editor, Times of India, Bhopal when we pleaded her views on this topic. But
just like every story has two shades, there has been remarkable growth in the social standing
of such people. In Bangalore, 1 seat has been reserved in the state university for the
transgender, in Chennai, separate transgender public bathrooms are constructed so that the
paradox about which urinal to use ends there, the state of Punjab and Haryana has introduced
some government jobs security check for the people of lgbt group. In totality government has
started working with the laws for the transgender, but the actual efforts are needed to change
the perception of the society. They need to be accepted the way they are, and people with
such orientation should not be considered diseased. The condition is worsened to the extent
that doctors refuse to provide any treatment to them and hospital clerks even refuse to touch
them, when I went to a government hospital for my illness, the workers there including
doctor, looked at me as an animal.11
But then, just like every atrocity comes to an end eventually, the awareness about lgbt is
spreading like forest fire. Various volunteer groups like Naaz, come to the rescue of this
society. They are running a free clinic for this community, specially focusing on their sexual
problems, making it a point that they are comfortable sharing their issues with the doctor.

11 A Transgender, 26, venupalli.

Having 20,0000+ lgbts under their umbrella, they also have a lot of rehabilitation programs
set up for them, and a special, student programs, where students from various institutions
come and teach them, and make them socially aware. So, to sum up the scenario is gradually
improving, but the method is time consuming.

Chapter-8

Law and Lgbt

In a country where even an animal is a body of rights, we stray around the roads, naked,
unprotected12
The lines are just too apt to represent the satire this community goes through, apart from
section 377(section 377 of Indian penal code is a piece of legislation in India introduced
during British rule of India that criminalises sexual activity "against the order of nature." The
section was read down to decriminalise same-sex behaviour among consenting adults in a
historic judgement by the High Court of Delhi on 2 July 2009), the entire LGBT group
suffers from constant humiliation and have no law protecting their rights. In my opinion,
following laws should be articulated and amended so the entire lgbt group gets a decent
standing in the society.

Ill first concentrate on the basic human rights and then move my concern over other issues.
1. Right to Equality.
Equals must be treated equally and unequals must be treated unequally, says law, when the
law differentiates between even the male and the female, and women proclaiming themselves
to be the weaker sex, have reservation in all the major institutions of the state and now the
reservation is to reach the zenith of 50%, lgbts should have a quota, being the weaker,
exploited and ignored sex. A need for separate sex is a prerequisite for it though, but for this
gender which cannot fall under both the two natural sexes, they should be treated in a better
and a privileged way.

2. Right to safe childhood.

Every child has a right to live his childhood blissfully and with jocosity. When the society
(including parents) start noticing the drastic change, an LGBT goes through, they tend to
disown them, or even deprive them of the basic childhood necessities. They are even forced
to get out of their houses and stay in transgender(specific to transgender) societies(gharanas.)

12 The diary of a chakka, p.78, Laxmi Manohar.

Constitution also protects children up to the age of 14 to stop doing any hazardous work, but
transgender kids are ultimately forced into prostitution. So, there must be provisions for
transgender to get a proper childhood, so that later on, even with a different identity, they
become respectable members of the society.

3. Right against exploitation.

Time and again, Ive been emphasizing that LGBTs are the most tormented section of the
society. A child because of his contradictory feelings to his physical appearance, is made to
stay with a bunch of complete strangers, where he might even face the extreme harshness,
finally ends up being a prostitute. All its life, he endures public humiliation and is mocked
upon, and despite that, he doesnt file a case, because it has no access to it, a provision
specifically made for them where they can file all the complaints against the mockers and
exploiters would be a great boon to them.

4.Right to constitutional remedies.

A major law that protects all the individuals in a society is Right to constitutional remedies,
Right to constitutional remedies empowers the citizens to move a court of law in case of any
denial of the fundamental rights, but when an individual is not even identified/categorized by
the law itself, how will it move the court? It becomes essential for LGBT to get recognised by
the law, so that they in case of infringement of fundamental rights, can seek the guidance of
law, and ultimately get protected by it.

In totality Id like to accumulate all the above mentioned laws and amend the constitution
with a law where this section gets the basic human rights, have access to law like the other
fairer communities, and most importantly they get representation in all the major houses of
the country. This would give them access to the entire constitution and other legal statues and
would give them the power and social standing they deserve.
Chapter-9

Indian Case Laws Based On Homosexuality

Naz foundation versus Government Of Nct Of Delhi on 2 July, 2009

This writ appeal has been favored by Naz Foundation, a Non Governmental Organization
(NGO) as an issue Interest Litigation to test the sacred legitimacy of Section 377 of the
Indian Penal Code, 1860 (IPC), which criminally punishes what is depicted as "unnatural
offenses", to the degree the said procurement criminalizes consensual sexual acts between
grown-ups in private. The test is established on the request that Section 377 IPC, by virtue of
it covering sexual acts between consenting grown-ups in private encroaches the essential
rights ensured under Articles 14, 15, 19 & 21 of the Constitution of India. Constraining their
request, the candidates submit that Section 377 IPC ought to apply just to non-consensual
penile non-vaginal sex and penile non- vaginal sex including minors.

Date Of Decision :May 3, 20 versus Sashastra Seema Bal on 3 May, 2011

The moment case emerges in remarkable actualities identifying with therapeutic wellness of a
female applicant looking for recruitment to Sashastra Seema Bal who had been diagnosed as
affliction from a hormonal peculiarity which is depicted as an issue 'of Sexual Differentiation'
and had experienced the vital surgery and from that point set on hormonal substitution help
who has been discovered physically fit regardless of her having been discovered unfit in all
assessment tests. The restorative unfitness was guaranteed by the specialists of the Sashastra
W.p.(c) No.7208/2008 page 1 of 58 Seemfa Bal who did not have mastery in the concerned
field and without any master sentiment or exploratory material.
Chapter-10
Results and Conclusions

They sit in the corner and cry, they come in front with the masked faces and dance, showing
festivity, the get ridiculed and give blessings in return, neither men, nor women, these identity
deprived people are unrecognized, traumatized.

The results of the study concluded that the contemporary society is becoming aware and
acceptable to the lgbt society. They want to accept the changes going on in the conventional
society, and are almost ready to accept them open handedly on the same platform as they are.
The sad plight of the umbrella group though is quite prevalent in the society, where they are
being constantly exploited, but gradually because of the improving literacy rates, rising
awareness and coming of the social groups, they are getting a boom, and an uprising is at its
infancy stage. We as the member of the stronger part of the society should try to bring them
forward and incorporate laws that might help them get stronger and better.
Chapter-11
References

Articles

Narrain, Siddharth. "In a twilight world". Frontline (The Hindu Group) .

Dina Thanthi( banglore edition).

Books:
The diary of a chakka, Laxmi Manohar

Ruth Vanita, Homosexuality in India, past and present

Arvind Narrain, Queers- despised sexuality

Karthik Lakshmanan R M , Joseph victor, A study of general well being of male to female
studies in Chennai

Vanita & Kidwai, history and sex

S.Whittle, Transgender Rights

Online resources:
http://www.spaceandmotion.com/kama-sutra-homosexuality.htm
http://psychcentral.com/lib/2007/frequently-asked-questions-about-sexuality/all/1/
http://dictionary.reference.com/browse/sexual+orientation
http://www.experienceproject.com/stories/Am-Confused-About-My-Sexual-
Orientation/1410523
http://dictionary.reference.com/browse/sexual+orientation