The European Union recently made headlines as the European Parliament declared it an “LGBTIQ Freedom Zone”. This move gives rise to a new wave of hope for the Lesbian, Gay, Bisexual, Transgender, Inter-sex and Queer community. It comes in response to the undermining of LGBTIQ rights in some EU nations, like Poland and Hungary. It’s notable that 23 out of 27 countries in the EU recognize same-sex unions while 16 accept same-sex marriage.
Poland’s Crackdown on LGBTIQ Rights
In the case of Poland, same-sex relationships do not have legal recognition, and same-sex couples are prohibited from adopting children. Despite these restrictions, a few have navigated the barrier via single-parent adoption applications. The Polish government, however, has now proposed legislation making it a criminal offense to apply for adoption as a single parent if one is involved in a same-sex relationship. Understandably, this has significantly escalated discrimination and attacks on the LGBTIQ community in Poland. Over 100 Polish regions, counties, and municipalities declared themselves free from LGBTIQ ideology since March 2019.
Hungary’s Similar Path
Hungary has followed Poland’s lead, implementing constitutional amendments that limit the rights of LGBTIQ individuals. Both countries have ongoing conflicts with the European Commission over issues primarily related to abuses of the rule of law, judicial independence, and minority rights. Authorities in both nations see LGBTIQ principles as a foreign ideology.
The Significance of the EU Resolution
The EU Parliament’s resolution designates the entire European Union as an ‘‘LGBTIQ Freedom Zone”. It aims to provide LGBTIQ individuals across the EU the freedom to publicly display their sexual orientation and gender identity without fear of intolerance, persecution, or discrimination. The resolution calls on authorities at all levels of EU governance to uphold and advance equality and basic rights for all, inclusive of LGBTIQ individuals.
Global Scenario for the LGBTIQ Community
Countries around the globe have varying stances on LGBTIQ rights. Ireland, for example, became the first country to approve same-sex marriage through a popular vote, while the United States legalized same-sex marriage via a Supreme Court ruling. In contrast, Nepal acknowledged homosexuality in 2007 and established many rights for the LGBTIQ community through its new constitution.
LGBT Community in India and Its Challenges
Despite the repeal of section 377 of IPC by the Indian Supreme Court in the Navtej Singh Johar v. Union of India case in 2018, there remains a significant gap in the implementation of policies for the Indian LGBTIQ community. The issues faced by this community are multifaceted, including family conflict, discrimination at work, human rights infringement, limited access to healthcare, social isolation, and substance abuse issues.
Legal Developments in India Concerning LGBTIQ Rights
India’s legal history showcases a complex relationship with LGBTIQ rights. In 2009, the Delhi High Court overturned section 377, thereby legalizing consensual homosexual activities between adults. However, this decision was reversed in 2013 by the Supreme Court, which argued that the plight of sexual minorities could not validate the constitutionality of the law. Subsequent rulings have gradually moved towards progress, culminating in the decriminalization of homosexuality in 2018. Recent times have also seen declarations of partner choice as a fundamental right. Despite these steps forward, the Indian Government opposed same-sex marriage in the Delhi High Court in February 2021.
The Path Forward for LGBTIQ Rights
The ongoing discrimination against the LGBTIQ community calls for an anti-discrimination law that empowers them to build productive lives, irrespective of their gender identity or sexual orientation. The onus for effecting change should lie with the state and society, not the individual. Public service bodies, specifically those concerned with health, law, and order, need to be more sensitive to ensure that the LGBTIQ community is not denied services or harassed due to their sexual orientation.
