EQUALITY AND INCLUSIVITY OF THE QUEER PERSONS: THE RESPONSE OF THE INDIAN SOCIETY

Abstract

‘This is how we are born, not abnormal and not by choice.’ Indian society has always been prejudiced towards queer individuals, in the true sense of inclusion and equality in true sense. They have been marginalized with reference to education, employment, the workplace, the health sector, and many more. The query lies here: whether homosexuality is a choice or a creation of nature. Society splits its view into two sections; the majority considers it a choice, and few agree to the fact that it’s natural. The queers are yet to be a part of the society in absolute manner as they still come under the ‘not normal’ clause. Social culture and morality have been prioritized, the reason why there is a tug of war between social morality and constitutional morality. Even after recognition of transgender’s identity to ‘third gender’ in NALSA judgment, and decriminalization of homosexuality in Navtej Singh Johar judgment, our nation is falling short in the utter consideration of the queer community in the society, which guide them towards inclusivity and equality both in society and in legislative perspective. The study aims to discuss the historical existence of queer persons in the Indian society and their inclusivity in the ancient society compared to modern society. This paper focuses on the role of the judiciary and the government in ensuring queer rights to live with dignity and the response of the society.