A CRITICAL ANALYSIS OF THE LGAL INCLUSIVENESS OF SEXUAL MINORITIES IN INDIA

Authors: Dr. PREM CHANDRA, Assistant Professor at Sardar Patel Subharti Institute of Law, Swami Vivekanand Subharti University, Meerut.

Best Citation – Dr. PREM CHANDRA, A CRITICAL ANALYSIS OF THE LGAL INCLUSIVENESS OF SEXUAL MINORITIES IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 377-384, ISSN – 2583-2344.

Abstract

The world over it has been recognized that for the rights of transgender and intersex persons to be recognized, one of the first things needed is legislation that would recognize their right to gender identity without medical or psychological documents. A transgender or intersex person shall not be required to provide proof of a surgical procedure for total or partial genital reassignment, hormonal therapies or any other psychiatric, psychological or medical treatment to make use of the right to gender identity. The Yogyakarta Principles were adopted in 2007 are principles on the application of International Human Rights Law in relation to Sexual Orientation and Gender Identity. Principle 3 of the Yogyakarta Principles talks about the Right to Recognition before the Law. It states that each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity and freedom. No one shall be forced to undergo medical procedures, including sex reassignment surgery, sterilization or hormonal therapy, as a requirement for legal recognition of their gender identity. It also provides that States shall take all necessary legislative, administrative and other measures to fully respect and legally recognize each person’s self-defined gender identity and ensure that procedures exist whereby all State-issued identity papers which indicate a person’s gender, including birth certificates, passports, electoral records and other documents reflect the person’s self-determined gender identity.

KeyWords: Gender, equality, sexual minority, dignity, self-determination.