NEED FOR MORE INCLUSIVITY IN BHARATIYA NYAYA SANHITA

EVERY year, the month of June celebrates individuality, inclusivity and pride.

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The historic Stonewall riots of 1969 in New York serve as an important reminder of the struggles of the queer liberation movement.

India has, in the past half-century, made great strides in queer protection and empowerment, and the support for the community has been growing exponentially within the population. The Supreme Court of India, in its various judgements, has recognised the rights of the LGBTQIA+ community. In National Legal Services Authority vs Union of India, the SC held that Articles 14 to 16 and Articles 19 and 21 of the Constitution recognise gender identity and discriminating against someone based on their gender identity would amount to a violation of their fundamental rights. In Navtej Singh Johar vs Union of India (2018), the SC interpreted that Articles 21, 14, 15 and 19 of the Constitution include the fundamental rights to sexual identity, sexual autonomy, sexual privacy, and choice of partner. In 2019, the Transgender Persons (Protection of Rights) Act was passed.

Madras High Court judge N Anand Venkatesh in S Sushma vs Commissioner of Police, 2021, issued interim directions for proper recognition of the rights of the LGBTQIA+ community and to ensure their safety and security to lead a life of their choice. The bench itself went under a counselling session to help them understand ground realities, emotions, social discrimination and exclusion, and several other difficulties faced by the community.