GS2 · 10 marks · 150 words

Decriminalization of homosexuality by the SC in Navtej Singh Jauhar case remains a task half done, specially without the socio-political sensitisation about the issues faced by LGBTQIA+ community. Elaborate in light of ongoing debates on same sex marriage.

Answered by 3 toppers · CSE 2021–2024

Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

How toppers approached it

From all 3 answers · about 180 words.

Opening

  • No separate opening3 of 3

Body

  • Points2 of 3
  • Points and prose1 of 3

Close

  • A way forward3 of 3

The toppers’ answers

Madhav AgarwalAIR 16 · CSE 2024 · 188 wordsTheir whole copy

Opening

Even in the garb of demand for recognition of same sex marriage, LGBTQIA+ community remain vulnerable to exploitation despite a judicial pronouncement.

Body · points and prose

  • Navtej Singh Jauhar case (held by SC)
    • Homosexuality is also the order of nature
    • Social morality cannot overshadow constitutional morality

Task half done because:

(1) Continued discrimination in social sphere:

  • (eg) denial of houses by tenants, lack of acceptance by families.

(2) Right to marry as per choice (Hadiya Case) still not honoured which leads to :-

↳ denial of access to resources like State protection ↳ access to financial tools available to a couple (eg: Joint Bank Account, nominee, etc) (3) Homophobia still continue in the traditional society (4) Lack of dignity in economic work (eg: sex work, badhai by transgenders)

Need of the hour:

→ Protection of rights of LGBTQIA+ through awareness initiatives → Role of NGOs become critical → Need to promote 'self identification' → Promote sex education via NEP 2020

Close · a way forward

The recognition of same sex marriage is a sensitive issue which must be preceded by [debate] for its full acceptance rather than a top down approach.

More on Vulnerable Sections

Legal and institutional protection for groups the state singles out.

All GS2 questions on Vulnerable Sections