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Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
3. Trace the evolution of LGBTQIA+ rights in India. Does the homophobic attitude of society go against the constitutional tenet of fraternity? Examine. What measures are further needed ensure equality in true sense for LGBTQIA+ community? (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
Pride Month comes and goes; but homophobia in India is here to stay like a spectre. As a good omen for Pride Month of this year, the Kerala High Court set a trailblazing precedent recently by sanctioning a lesbian couple, Adhila Nasarin and Fathima Noora, to live together after they were coercively separated by their parents.
Key Demand of the question:
To write about the evolution of LGBTQIA+ rights, the impact of homophobia on fraternity and measure need to address it.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, write about the evolution of LGBTQIA+ right in India – Naz Foundation Govt. v. NCT of Delhi, Suresh Kumar Koushal vs Naz Foundation, National Legal Services Authority v. Union of India, K.S. Puttaswamy v Union of India (2017), Navtej Singh Johar V. Union of India, Transgender Persons (Protection of Rights) Bill, 2019 etc.
Next, write about homophobia and how it is ultra vires to fraternity mentioned in the constitution.
Next, suggest steps to ensure that equality in true nature is achieved for the LGBTQIA+ community.
Conclusion:
Conclude by writing a way forward.
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