Friday, July 11, 2025

GS-1 2023 UPSC (Mains) Q. Discuss the challenges faced by the LGBTQIA+ community in India and suggest policy-level changes to ensure social justice.

GS-1 2023 UPSC (Mains)

Q. Discuss the challenges faced by the LGBTQIA+ community in India and suggest policy-level changes to ensure social justice.

Introduction

The LGBTQIA+ community in India, despite several judicial milestones such as the Navtej Singh Johar (2018) and NALSA (2014) judgments, continues to face systemic exclusion, discrimination, and denial of fundamental rights. Social stigma, legal gaps, and institutional apathy persist, hampering their ability to live with dignity and equality.

Challenges Faced by the LGBTQIA+ Community

1. Legal and Policy Gaps

  • Non-recognition of relationships: Same-sex marriages are not legally recognised.

  • Lack of inheritance, adoption, and succession rights.

  • Transgender Persons (Protection of Rights) Act, 2019 is critiqued for inadequate provisions and over-reliance on medical/administrative approval for gender identity.

2. Social Discrimination

  • Stigma and homophobia/transphobia across society.

  • Honor-based violence, familial rejection, and forced marriages.

  • Under-representation in public discourse, media, and politics.

3. Economic Marginalisation

  • Workplace discrimination and hiring biases.

  • Lack of horizontal reservation in jobs and education.

  • Denial of housing due to identity or orientation.

4. Healthcare Inequities

  • Conversion therapy, despite being unscientific, was widely practiced until recently.

  • Mental health issues remain under-addressed due to lack of queer-affirmative professionals.

  • Exclusion from blood donation and poor access to gender-affirming healthcare.

5. Educational Challenges

  • Bullying and harassment in schools and colleges.

  • Lack of gender-sensitive curricula and support systems.

  • Dropout rates are higher among LGBTQIA+ youth.

6. Legal Protection from Violence

  • Lack of specific anti-discrimination laws.

  • No provisions in sexual assault laws to cover violence against queer persons.

Policy-Level Changes to Ensure Social Justice

1. Legal Reforms

  • Amend Special Marriage Act and Indian Succession Act to be gender-neutral.

  • Legally recognise civil unions or same-sex marriages.

  • Include LGBTQIA+ persons in adoption and inheritance laws.

2. Reservation and Representation

  • Provide horizontal reservation for transgender persons in education and jobs.

  • Ensure political representation through inclusive party policies and legal reforms.

3. Inclusive Education

  • Introduce queer-affirmative training for teachers.

  • Revise NCERT/SCERT curricula to reflect gender and sexuality diversity.

  • Establish anti-discrimination cells in schools and universities.

4. Healthcare Measures

  • Enforce the ban on conversion therapy (already declared misconduct by NMC).

  • Train healthcare professionals in inclusive and respectful care.

  • Prohibit unnecessary intersex surgeries on minors.

5. Anti-Discrimination Laws

  • Enact a comprehensive anti-discrimination law covering all public and private spaces.

  • Amend workplace harassment laws to cover all genders and orientations.

6. Welfare and Shelter

  • Expand schemes like Garima Greh for shelter and support to all LGBTQIA+ individuals.

  • Provide financial aid, legal aid, and mental health services.

Conclusion

The path to social justice for the LGBTQIA+ community requires both legal transformation and social reconditioning. India must move beyond tokenism and adopt a rights-based, inclusive approach to empower queer individuals. As custodians of the Constitution, policymakers and civil servants must ensure equality is not just preached but practiced.

Quote for Enrichment

“The Constitution is a living document. It breathes, it grows, and it adapts to the times.” – Justice D.Y. Chandrachud

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  Defending the Borders: Indigenous Defence Technology and Strategic Preparedness As tensions continue to simmer along the India-China bord...