Who are Queer People, and What are their Rights? Understanding the Community Better!

The term "queer" is often misinterpreted and misused in layman's language. Here comes your guide to understanding queer people, along with knowing their legal rights in India as the Supreme Court passed recent orders related to the community.

Astha Pasricha
Oct 18, 2023, 13:27 IST
Who are Queer People, and What are their Rights? Understanding the Community Better!
Who are Queer People, and What are their Rights? Understanding the Community Better!

Gender and sexuality are topics that have never fitted into boxes. The term "queer" is an umbrella term that is used by many to define themselves and their sexual identity.

Liz Powell, the popular psychologist and author, defines queerness as being outside of the normative. “Queerness is about swimming upstream. It's about your presence in a culture that is heteronormative, that is cisnormative, that is mono-normative," says the psychologist.

The term "queer" is used to describe people who are not cisgender or heterosexual.

Talking about the 21st century, the term is made to use to describe a wide spectrum of non-normative gender or sexual identities and politics. As per academic disciplines like queer studies and queer theory describe it as a general opposition to binarism and a lack of intersectionality. Queer cultural groups, queer political groups, and queer arts are some of the modern manifestations of queer identities.

ALSO READ: Uganda bans identifying as LGBTQ. What is the new law on LGBTQ in Uganda?

Marriage Rights of Queer People in India

 

The Supreme Court of India has recently rejected the appeal that sought to legalize same-sex marriages.

The ruling was announced on Tuesday by the apex court after arguments held in April and May. Three of the five judges were of the view that the matter out to be decided by the parliament. 

ALSO READ: What is Gender Self Identification? Transgender Persons (Protection of Rights) Act 2019 explained

Is adoption by queer couples legal?

 

A 3:2 judgment on adoption rights with queer couples in the country was given by a five-judge bench. One adoption regulation was passed by the apex court that prohibits queer and unmarried couples from adopting children.

On this, the Chief Justice of India expressed, "Law cannot assume that only heterosexual couples can be good parents. This would amount to discrimination. So the adoption regulations are violative of the Constitution for discrimination against queer couples."

This philosophy, however, was not agreed upon by the three other judges, namely Justice Kohli, Justice Narasimha, and Justice Bhat.

ALSO READ: Indian Supreme Court Rejects Same-Sex Marriage Appeal; All You Need to Know

ALSO READ: What Are The Abortion Laws For Sexual Assault Survivors? What Does The Delhi HC Say?

 

Astha Pasricha
Astha Pasricha

Content Writer

    Astha Pasricha is a content writing professional with experience in writing rich and engaging content for websites, blogs, and chatbots. She is a graduate of Journalism and Mass Communication and English Honors. She has previously worked with organizations like Groomefy, Shiksha.com, Upside Me, EGlobal Soft Solutions and Codeflies Technologies Pvt. Ltd. At Jagran Josh, she writes content for the General Knowledge section. You can reach her at astha.pasricha@jagrannewmedia.com.
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