INTRODUCTION
Let’s imagine this: A world where you must struggle for love and recognition the moment you are born. Whatever you long for, pleading is the only way to attain it. No matter how much flesh full of blood you have or how deeply pure your soul is, you are not allowed to live like a normal human being. This is what exactly is the life of an LGBTQ+ person, full of abnormalities even though they were brought into the world in the same way anyone comes into existence they still face hardships in accessing the legal rights to live freely in the society. At this point, Public Interest Litigation (PIL) plays a vital role in lending a hand to LGBTQ+ communities and empowering them to have a liberated lifestyle.
DEFINING LGBTQ+
A term that is hard to define but not impossible to cover every sort of gender identity in such a community. According to National data, becoming mature can be difficult but maturing as an LGBTQ+ individual is even more challenging. Each letter in the acronym LGBTQIA+ stands for Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex, Asexual, and the ‘plus (+)’ means all the gender identities and sexual inclinations that are not addressed under the other categories. The core purpose behind this acronym is to include all individuals within the community and no one is left behind.
UNDERSTANDING PUBLIC INTEREST LITIGATION
Public Interest Litigation (PIL) is a helping hand for the public wh. It refers to a navigation filed in a court of law to safeguard public welfare. It deals with matters where the common concern of the citizens affected at large is redressed by filing a PIL in the court of law su, ch as the protection of fundamental rights, public health and safety, environmental protection, and many more.
In India, an individual or a group of individuals can file a writ petition, i.e., a PIL, either in the Supreme Court under Article 32 of the Constitution of India or in the High Court under Article 226 of the Constitution of India, depending upon the nature of the case. The fundamental aim of lodging PILs is to ensure justice for every individual and promote public welfare.
ROLE OF PIL IN ASSURING RIGHTS OF LGBTQ+ IN INDIA
PIL has played a significant role in reinforcing righteousness to LGBTQ+ individuals. It is an effective instrument in Indian society that brings societal and juridical modifications, including the recognition and safeguarding of the rights of LGBTQ+ majors. It provides a mechanism for suppressed communities to access justice, ensuring equality, dignity, and freedom.
- Challenged Section 377
This was the earliest matter where in 2001, Naz Foundation, a non-governmental organization(NGO) filed a PIL in the Delhi High Court to challenge Section 377 of the Indian Penal Code(IPC) which criminalized “unnatural forms of sexual intercourse”, resulting in penalizing mutual homosexual relationships. It was argued that section 377 violated fundamental rights ensured under the Constitution of India including Article 14(equality before the law), Article 15(equality among citizens), and Article 21(right to life). Also, the petition pointed out how criminalizing consensual same-sex relationships hindered the prevention of HIV/AIDS, as open discussions were formidable among LGBTQ+ communities. But in 2003, this PIL was dismissed by the Delhi High Court proclaiming that the dispute was erudite and no one was put on trial under section 377. Beyond this, in 2009, the Delhi High Court gave the judgment in favour of the Naz Foundation depenalising the harmonious homosexual activities between adults. On the contrary, the Supreme Court of India overturned the above decision in the 2013, Suresh Kumar Koushal case, by reviving section 377. Ultimately, in 2018, the Supreme Court decriminalized section 377 in a leading case, the Navtej Singh Johar case, and pertained to consensual homosexual adult relationships. Therefore, this PIL marked the commencement of a long legal and communal conflict for LGBTQ+ rights in India.
- Granted “third-gender” status to transgender people
- In the landmark judgment of the National Legal Services Authority(NALSA) v Union of India in 2014, the Supreme Court of India acknowledged the status of “third gender” to transgender people. It was asserted that transgender individuals have the fundamental right to be recognized as a “third gender”, reinforcing their rights under Article 14 (equality before the law), Article 19 (Freedom of speech and expression), and Article 21 (right to life) of the Constitution of India. The verdict underlined the right of personal identity and gender irrespective of any medical procedures or surgery. Moreover, administered government to ensure equal treatment and opportunities for transgender people in various sectors such as employment, education, and healthcare. This key ruling was a major milestone in advancing the rights and liberties of transgender people in India.
- Implemented the legislation
The Transgender Persons (Protection of Rights) Act, 2019 was adopted to authorize lawful validation of transgender people and to outlaw inequality against them in various sectors including education, employment, healthcare, and attaining other public welfare services. It highlighted a transformative step towards ensuring liberty, freedom, and societal inclusion of transgender individuals in India.
- Validated live-in relationships of same-sex couples
The Uttarakhand High Court, in a modernized decision, declared the lawful protection of live-in relationships for homosexual partners. The Supreme Court in the ruling of Madan Mohan Singh v. State of Uttarakhand (2023), affirmed that such relationships fall within the framework of Article 21 (Right to life and personal liberty) of the Constitution of India. Additionally, the court accentuated that every individual has the freedom to choose their partner regardless of gender category, and not a soul can violate their confidentiality and esteem. This appraisal indicated the encompassing legal philosophy on LGBTQ+ rights in India, nurturing evenness and diversity.
- Expanded the definition
In 2022, the Supreme Court of India delivered a landmark judgment i.e., Deepika Singh v. Central Administrative Tribunal, broadening the legal definition of ‘family’ to include queer and same-sex relationships. It noted the variations of bonds, including queer and same-sex connections, reinforcing the principles of equality and liberty guaranteed under the Constitution of India. This verdict noticed the essential instance of promoting open-mindedness and vaster communal acceptance.
CRUCIAL STEPS TO BE UNDERTAKEN USING PILs
- Criminal Justice Reforms– There is a need to sensitize law enforcement agencies towards people of the LGBTQ+ community. Proper advocacy and sensitization programs should be organized to have a better understanding of the related issues.
- Safe Public Spaces– PILS must be filed as soon as possible to address harassment and violence against LGBTQ+ individuals in public places and ensure safety for them, such as in gender-neutral bathrooms.
- Workplace Equality– PILs can help extend workplace protections for LGBTQ+ employees, granting them anti-discriminatory policies, same-sex partners, and grievance redressal mechanisms.
- Repealing discriminatory laws– Laws must be repealed that discriminate against the rights of LGBTQ+ individuals to treat them as normal human beings instead of highlighting their identity.
- Adoption and Parenthood rights– Explicit laws must be implemented for homosexual couples to adopt. Although transgenders are given and adopted adulthood rights under The Transgender Person (Protection of rights act)2019, but still this should be made broader by establishing a provision for all LGBTQ+ couples.
CONCLUSION
PILs enhance the views of the LGBTQ+ community and promote non-discriminatory procedures and social innovations by addressing the root causes of permanent injustice. This view stresses the role of the legal system in supporting guaranteed privileges and in inspiring a civilization where diversity is respected and encouraged. In the Republic of India, the PILs retain a pillar of human rights and inter-personal righteousness. In addition to the current, it is important to keep in mind that the present is merely a manifestation of energy. Affection cannot be done according to gender and every soul deserves to love and to be loved freely without any conventional beliefs of the society. In addition to the current, it is important to keep in mind that being true to oneself is the purest embodiment of strength.
Author(s) Name: Kirti Suri (Faculty of Law, University of Delhi)
