Inthis research article a comparison between the positions of sexual minoritiesin India and USA will be studied.
Critical human rights concerns related tosexual orientation and gender identity and the challenges faced by such groupswill be analyzed. Furthermore, it spotlights on the issues confronted in the twocountries and how far the NGOs have been successful in assisting the sexualminorities in realizing their rights. In addition to recognizing the issuesfaced, the paper shall address the laws present in India and USA, theconsequences of such legislations upon the sexual minorities and the roleplayed by the Indian Judiciary.
Lastly, it shall focus on the necessity offraming or modification of requisite laws and legislation for the protectionagainst discrimination and assurance of human rights to the sexual minorities. Asheterosexuality is observed as the norm, often people with different sexualorientation or transgender or any other nonconforming identity is identified asa threat or risk to the social order. Maximum societies are founded on the conventionthat there are two complementary sexes, male and female. As a resultheterosexuality is viewed as worldwide and only appropriate way.
Sexualorientation refers to each person’s capacity for profound emotional and sexualattraction to individuals of a different gender, the same gender or more thanone gender, and to the capacity to have sexual relations with them. Inspite of barring discrimination on the grounds of sexual orientation and genderidentity (SOGI) by various International Human rights instruments, which hasbeen approved by most states, persons with sexual orientation or genderidentity that does not conform to popular professed standards frequently facedowngrading, discrimination and violence globally. Homosexual acts are illegalin 78 countries and in seven of these are punishable with the death penalty. Despitethe fact that not these states actualize their unfair laws, their mere presencenormally strengthens a culture of tolerance and exemption with respect tosegregation and brutality towards lesbian, gay, bisexual, transgender andintersex individuals (LGBTI).
