Abstract:
LGBTQ+ persons have historically faced workplace discrimination, including prejudices and harassment, which has resulted in job inequalities and limited career opportunities. Workplace marginalisation in India was made worse by anti-LGBTQ+ policies and conservative society attitudes. Global civilizations are increasingly embracing diversity and tolerance due to legislative reforms and shifting views. A significant shift occurred in 2018 when homosexuality was decriminalised in India due to the ruling in Navtej Singh Johar v. Union of India.
Through employee resource groups (ERGs), activism, and advocacy, the LGBTQ+ community actively impacts change. ERGs raise awareness, provide networking opportunities and influence policy.
The LGBTQ+ community actively shapes change through activism, advocacy, and employee resource groups (ERGs). ERGs foster awareness, serving as platforms for networking, support, policy influence. Empowerment transcends legalities, benefiting individuals and organizations by attracting talent, fostering innovation, and boosting well-being.
The trajectory from exclusion to empowerment involves legal reforms, advocacy, representation, and support networks. Ongoing battles against workplace discrimination remain essential for LGBTQ+ individuals' full participation and success. Few commonwealth nations have taken steps to bring in inclusivity and prevent discrimination towards the LGBTQ+ community. But in India, this journey is a struggle against deep-seated biases, punctuated by legal milestones and a growing movement towards inclusivity and empowerment.
This article explores the challenges faced by LGBTQ+ individuals in combating workplace discrimination and highlights the efforts made towards fostering inclusivity and empowerment.
Keywords: LGBTQ+, Employment, Corrective rape, discrimination, Inclusivity, Cisgender, Homosexuals.
INTRODUCTION
The basic concept of human rights is that everyone deserves respect and equitable treatment. Anything that compromises that dignity is immoral since it goes against the equality principle and opens the door for discrimination. This discrimination also violates the preamble of the Indian Constitution, which calls for justice and equality of status for all people in all spheres, whether they be social, economic, or political.
India has always placed a larger priority on preserving its culture and customs. However, in recent decades, India has undergone a number of cultural transformations, one of which is homosexuality. The acceptance of homosexuality and queer identities among Indian youths may be higher than ever, but LGBTQ+ people still struggle to live openly as whom they identify as within the boundaries of their families, homes, and schools.
METHODOLOGY
The data collected for the purpose of this paper is primarily from secondary sources that have been referenced thoroughly to complete this paper. We have also perused numerous articles, blogs, web posts, journals and historical records to conclude this research.
HISTORY OF HOMOSEXUALS
Homosexuality has a long history, dating back to allusions in Rigvedic writings. These books accepted the same sex desire, as well as the presence of a third gender, or Tritiya-Prakrati. Epics such as the Ramayana, Mahabharata, and the Khajuraho temples provide a glimpse into the ancient world when homosexuality existed. Even during the Mughal Empire, the "Hijra" were identified as a separate social group with different functions and cultural value. The colonial era marked a turning point in the history of homosexuality by making them illegal by adding Section 377 to the IPC, which resulted in discrimination against LGBTQ+ people.
CONSTITUTIONAL VALIDITY OF HOMOSEXUALITY
During the past 20 years, several laws have been passed to uphold homosexuals' rights and bring them on level with cisgender people. The 158-year-old anti-homosexuality statute, which deemed homosexual intercourse to be against the laws of nature, was overturned by the SC. The court determined that Section 377 was unconstitutional because it violated Articles 14, 15, 19, and 21 of the Constitution, overturning its previous decision in the Suresh Kaushal case.
One of the most important precedent-setting decisions ever rendered by the Supreme Court addressed the LGBTQ+ community's right to equality, which the Victorian era's laws had denied them. It is extremely offensive to a person's dignity and sense of worth to discriminate against them because of their sexual orientation. The community is entitled to the same respect and rights as everyone else.
Navtej Singh Johar & Ors V UOI, a landmark judgement that decriminalised homosexuality in 2014, recognised that sex discrimination was also a problem for homosexuals. An important turning point in India's struggle for LGBTQ+ rights was the Navtej Singh Johar case. In addition to legalising same-sex partnerships, the decision set a benchmark for acknowledging the equality and expanded rights of the LGBTQ+ community. It opened the door for greater acceptance and understanding in Indian culture by providing the LGBTQ+ population with moral and legal recognition. The ruling also made clear how India's views on human rights and social values have changed, highlighting how important it is to preserve constitutional ideals and ensure that all people, regardless of sexual orientation, have equal rights.
The LGBTQ+ community has come a long way and with several laws in place to protect the rights of the LGBTQ+ community but the ground reality is different. The LGBTQ+ community is still judged negatively and is struggling for equal rights.
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