LGBT ( lesbian , Gay , Bisexual and Transgender ) community in India was cheered up when nine judge bench of Supreme Court declared privacy a fundamental right.
Supreme Court stated that sexual orientation is an essential attribute of privacy.
Discrimination done to an individual on the basis of sexual orientation is offensive to the dignity of the individual.
Article 14,15 and 21 of the Constitution of India guarantees us the right to privacy and the protection of sexual orientation lie at the core of fundamental rights.
Rights given to Transgender.
- Rights of Transgender Persons Bill,2014 gave Transgender rights ,entitlement and reservation in education , jobs , legal aid , pensions and unemployment allowances .
Provisions were made to prohibit discrimination in employment , prevent abuse , violence and exploitation of transparent people .
Bill provides for establishing welfare boards at centre and state level and for Transgender rights courts.
- Transgender is declared as third gender.
- Transgender were given OBC quota .
- Transgender have right to appear in examinations conducted by TNPSC , UPSC, SSC and bank.
Same Sex Marriage.
Sexual orientation should not affect the choice of marriage.
Two individuals fall in love to legalise it they marry as the amendment has been brought in Section 377 of Indian Penal Code so same sex marriage is not illegal in India.
However Gay marriage has not received legal sanction yet but it is not a criminal offence , no prosecution , imprisonment or fine can be levied on the persons solemnizing same sex marriage.