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This #freedomfriday we held a poll on our Instagram page @righthewrong14 where we asked our followers to name the first human right they talked of. 66% of them named the right to speech. This raised a serious question: How far does the exploitation of the lesser-known human rights go? Hence this week, along with talking about our fundamental rights, we explored the right to sexuality and the empowerment of the LGBTQIA+ community.
Sexuality is a fundamental aspect of human identity and expression. It is the way we experience and communicate our desires, feelings, and preferences. Sexuality is not limited to the physical act of sex, but encompasses our emotional, psychological, and social well-being. Everyone has the right to sexuality, regardless of their gender identity, sexual orientation, age, race, religion, or any other factor.
One of the ways that people exercise their right to sexuality is by choosing who they want to marry or form a relationship with. In many countries, however, same-sex marriages are still illegal and punishable by law. This violates the human rights of lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA+) individuals, who face discrimination, violence, and stigma because of their sexual orientation or gender identity.
In India, a landmark ruling by the Supreme Court in 2018 decriminalised homosexuality and recognised the constitutional rights of LGBTQI people. The court declared that Section 377 of the Indian Penal Code, which criminalised consensual sexual acts between adults of the same sex, was unconstitutional and violated the right to privacy, dignity, equality, and freedom of expression. The court also urged the government and society to take steps to eliminate the prejudice and stereotypes against LGBTQI people and ensure their full inclusion and participation in all spheres of life.
One of the measures that the Indian government has taken to promote the rights and welfare of transgender people is to introduce a quota system for them in public sector jobs. In 2014, the Supreme Court recognised transgender people as a "third gender" and directed the government to provide them with reservations in education and employment, as well as access to health care, social welfare schemes, and legal protection. The government subsequently enacted the Transgender Persons (Protection of Rights) Act in 2019, which aimed to prohibit discrimination against transgender people and provide them with identity certificates.
However, despite these legal reforms, transgender people in India still face many challenges and barriers in accessing education, employment, health care, and social security. According to a 2017 study by the National Human Rights Commission of India, 92% of transgender people are unemployed and 99% have faced some form of social rejection. The study also found that transgender people are often subjected to harassment, abuse, violence, and extortion by the police, family members, employers, landlords, and others. Many transgender people are forced to resort to begging or sex work for survival.
One of the main reasons for the marginalisation and exclusion of transgender people in India is the stigma and discrimination that they face from society at large. Transgender people are often seen as unnatural, immoral, or cursed by God. They are ridiculed, mocked, or shunned by their families and communities. They are denied access to basic services and facilities such as toilets, public transport, hotels, restaurants, etc. They are also excluded from religious and cultural events and ceremonies.
The stigma and discrimination against transgender people in India is not only a violation of their human rights but also a hindrance to their development and empowerment. Transgender people have immense potential and talent that can contribute to the social and economic progress of the country. However, they need a supportive and enabling environment that respects their dignity and diversity. They need more awareness and sensitisation campaigns that challenge the myths and misconceptions about them. They need more affirmative action policies that ensure their representation and participation in decision-making processes. And they need more solidarity and allyship from other marginalised groups and civil society organisations that can amplify their voices and demands.
The situation of transgender people in India contrasts sharply with that of LGBTQI people in Ghana, where a recent bill proposed by some members of parliament seeks to criminalise homosexuality and any form of advocacy or support for LGBTQI rights. The bill, titled "The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021", proposes harsh penalties for anyone who engages in or promotes same-sex relationships or activities. The bill also bans LGBTQI organisations from operating in Ghana and prohibits anyone from providing them with funding or assistance.
The bill has been widely condemned by human rights groups, activists, celebrities, diplomats, and ordinary citizens as a gross violation of the rights and freedoms of LGBTQI people in Ghana. The bill not only threatens the lives and livelihoods of LGBTQI people but also undermines the democratic values and principles that Ghana is known for. The bill also goes against Ghana's obligations under international human rights law and treaties that guarantee the right to non-discrimination on any grounds.
The bill is currently under review by a parliamentary committee that will hold public hearings on it before submitting it to the plenary for debate and voting. Many LGBTQI activists and allies have vowed to resist the bill and mobilise public opinion against it. They have also called on the international community to put pressure on the Ghanaian government to reject the bill and uphold its commitment to human rights for all.
So how do we reduce the inequality and discrimination the community faces? We at Right The Wrong believe this is a two-tier solution. First, we must advocate for laws that support gay rights and abolish systems that discriminate against them however it is also vital to solve the social side of the issue.
Will we ever have a society that is free from the stigma against the community? That depends on haw we shape the youth today. Stereotypes against the LGBTQIA+ community are so deep rooted into our society it is impossible to completley abolish such a mentality among older generations, though the divide can be reduced by a certain extent. However, changing the way we raise the youth can result in having adults who are more understanding and supporting of the cause, ensuring and safeguarding a more equal future.
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