Relevance: Mains: Polity: current Affairs
Why in news?
- The Supreme Court’s decision in Navtej Johar v. Union of India had decriminalised same-sex intercourse which has been recognised as a step towards equality and freedom of gender orientation.
- But it has been observed that the stigma with respect to the people belonging to the LGBTQ community has remained as such though it has been decriminalised statutorily.
Imagining an equality law
- The only statute having a closer purpose is the Rights of Persons with Disabilities Act, 2016. But, it only addresses discrimination against persons with disabilities in the public sector and does not address the private sector.
- Legislation such as the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Protection of Civil Rights Act, 1955 make certain caste discriminatory acts criminal offences but do not provide civil remedies of injunctions or damages for acts of discrimination.
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is limited to sexual harassment at work.
- The Transgender Persons (Protection of Rights) Bill, 2019 does not cover the rights of equality and non-discrimination on the ground of sexual orientation. Thus it is required to have a bill covering all the rights and needs of the LGBTQ community.
Way forward
- Thus there is a need for a legislation that guarantees equality to all persons on the basis of sexual orientation, gender identity and expression, sex, caste, religion, age, disability, marital status, pregnancy, nationality and other grounds.
- The law should impose obligations of equality and nondiscrimination on all persons, public and private, and in the areas of education, employment, healthcare, land and housing and access to public places.
- It should provide for civil remedies including injunctions to stop discriminatory behaviour, costs and damages, and positive action to make reparations.
- Finally, it is suggested that along with equality there should be liberty ensured to the people of LGBTQ Community.