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INDIA’S UNTOUCHABLES- A BROWN SPOT IN THE RULE OF LAW

Author: Ananya Bansal, IV year of B.B.A.,LL.B. from Banasthali Vidyapith


We are the ones who started this trend of discrimination of everything. Discrimination especially occurs when individuals or groups are unfairly treated in a way and it’s not just the cast or religion, it also includes freedom and speech of expression. This gap of biasness is tagging along since beginning of the humanity period, where differences began. Individuals commence the rich and poor line of status with the completion colour, propagate religion even the taxes also.


It’s not just the religion and caste issues always, it sometimes appears at work places also. Youngsters are the ones who learn so easily and quickly, they have been taught the colour racism of blue and pink from very young age. The biasness of the education implies on the girl in the family. The level increases from the colour of a born child to status in the society.


WHO ARE OUTCASTS?

The humans which are not like us, the ones who are different from the society, people who are not ashamed of their body type and the citizens who are not outcasted just because they have different way of saying. The word TRANSGENDER is commonly used to say to the person who is not categorised as male or female but still that person has a heart to be known and called in the society. The recognition should be given by everybody and respectfully.


Even the supreme court of India has also said that the people of third gender should be treated equally and respectfully. There should be no biasness in the community. section 377 of Indian penal code says whoever voluntarily have sexual intercourse with the man, female or animal shall be liable in the eyes of law with the imprisonment of 10 years and fine or both. It also includes penetration to describe this offence.


After the landmark judgement case of [1]Navtej Singh Johar V/S Union of India 2018 case which states that the supreme court of India decriminalised all consensual sex among adults including homosexual sex.


WHY NAMES ARE CALLED?

The names pronounced by people to them, should be stopped as they are also the part of society. The laws have recognised them as the part of the whole community but still they are unable to fit in. making fun of their walk or gestures are not suitable to them. It moralises their confidence in this democratic community.


In the leading case of [2] National Legal Authority vs Union of India states that Discrimination on the basis of sexual orientation or gender identity includes any distinction, exclusion, restriction or preference based on sexual orientation or gender identity which has the purpose or effect of nullifying or impairing equality before the law or the equal protection of the law, or the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms. Discrimination based on sexual orientation or gender identity may be, and commonly is, compounded by discrimination on other grounds including gender, race, age, religion, disability, health and economic status.


HOW THEY ARE SEPARATED?

The LGBTQ community represents lesbians, gay, bisexual, transgender and equal. These people are the one who are different from both the male and female gender. We are unable to accept that they areliving with the same sex gender and trying to get future ahead.


This community is not different from any other community existing in the society. The supreme court of India has given the right and passed an order for same sex marriages and even their living relationships. This is not abiding the law. The LGBTQ people faces discrimination in public places too. In 2017, during a nationwide attack on transgender people’s rights. Among transgender survey respondents:

  • 25.7 % reports say that avoiding public places such as stores and restaurants, versus 9.9 % of cisgender LGB respondents.

  • 10.9 % reported avoiding public transportation, versus 4.1 % of cisgender LGB respondents.

  • 11.9 percent avoided getting services they or their family needed, versus 4.4 percent of cisgender LGB respondents

  • 26.7 percent made specific decisions about where to shop, versus 6.6 percent of cisgender LGB respondents.

These findings suggest that ongoing discrimination in public accommodations pushes transgender people out of public life, making it harder for them to access key services, use public transportation and public services or simply go to stores or restaurants without fear of discrimination.


UNEXPECTED EFFECTS

As the time passes in the working society, the major problem arises with the LGBTQ community when the major reality hits to them. While people are not accepting them as member of the community.


LGBTQ people who don’t experience discrimination over work, or being fired from a job, may still find that the threat of it shapes their lives in subtle but profound ways. We question them for everything like filling the forms at any event for the preferences option or trying to humiliate them with their presence.


CONSTITUTIONAL AND LEGAL PROTECTIONS

Indian Constitution provides for positive efforts to eliminate discrimination, the Preamble to the Constitution talks about goals of achieving social, economic and political justice to everyone and to provide equality of status and of opportunity to all its citizens. Further, LGBTQ community have equal right to vote in our political system. Article 15 of the Constitution provides for prohibition of discrimination on grounds of sex also apart from other grounds such as religion, race, caste or place of birth. Article 15(3) authorizes the Sate to make any special provision for women and children. Moreover, the Directive Principles of State Policy also provides various provisions which are for the benefits of women and provides safeguards against discrimination.


In this leading case of gender discrimination [3] Neetu BalaV/S Union of India

The Constitution of India accords socio-economic and political justice, equality of status and of opportunity assuring the dignity of individual. Article 14 guarantees equality by providing that `The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15(1) abolishes discrimination on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(2) requires that there shall be no disability, liability or restriction on grounds of sex and ensures equality of status. Article 15(3) enables the State to make special provisions for women and children. Therefore, it is expressly forbidden to discriminate on the basis of gender in cases involving public employment.


A CALL FOR ACTION

This is the high time for taking actions, if we are late now then it’s never to begin with. As the time flows, we need to take these situations seriously and work upon it. The third community people should be treated with equal rights and responsibilities in the society.


To ensure that federal civil rights laws explicitly protect LGBTQ people, judiciary should pass the Equality Act, a comprehensive bill banning discrimination based on sexual orientation and gender identity in employment, public accommodations, housing, credit, and federal funding, among other provisions. Likewise, state and local governments should pass comprehensive non-discrimination protections for all. A majority power in every state and every individualin the country should support non-discrimination laws.


CONCLUSION

We the humans have tendency to make fun of disables, or untouchables or any human who is special. We never thought that is hurts someone’s ‘s feelings but still we do that. Our law has given certain laws that same sex marriages or staying together is not illegal. It’s the narrow minding thinking of humans that we can’t accept the third gender in our society. Discrimination is everywhere, not just the race, caste, colour or religion. The normal ones are also facing the same discrimination at school or college for colour or may be status or anything else. After the rules and regulations, we are still lacking to accept the reality.

[1]NavtejSingh JoharV/SUnion OfIndia 2018 [2]National Legal Authority vs Union of India AIR 2014 SC 1863(2014) 5 SCC 438 [3]Neetu Bala V/S Union of IndiaCWP No. 6414 of 2014

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