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The travails of LGBTI equality in India

The premise of human rights is rooted in the essence of it that every human being is to be treated equally with dignity without any prejudices. Anything undermining that dignity is considered an infringement of the very essence of equality and is the surest way to discrimination. The lesbian, gay, bisexual, transgender and intersex people, in particular, have been shunned and even had to endure isolation for their abnormal lifestyles.  (LGBTI) also, have human rights much like the human rights of anyone else and its increasingly under the scanner as there is a lot of social activism around it globally as LGBTIs are wrangling for their human rights. In the vast majority of countries in recent times, there have been groundbreaking progress including adopting new legal safeguards in this area.According to the preamble to the Indian Constitution, all forms of justice including social, economic, and political equality of status is mandatory for everyone. Articles 14 and 21 of the Constitution guarantees the right to equality before the law as well as equal protection under the law. As a spinoff effect, LGBTI Indians were granted constitutional protection as the LGBTI community fights for their human rights.It was a much-awaited and sought-after victory, however, there is absolutely no reason to believe that the LGBTI community in India is truly free or that the common perception is that they are as equal as anyone else. The emphasis is on the volume of work that is yet to be done in India as well as globally to quash age-old and oppressive anti-gay laws.?In a country as vast and diverse as India people’s attitudes and opinions in regard to this subject as well as experiences of LGBTI individuals vary greatly. Urban and rural India are entirely two different worlds in regards to language, caste, class, and gender which makes the topic even more complex while trying to understand it completely. It's a known fact that the LGBTI community in India cannot be relegated to a negligible minority at all. They do have a strong voice which they want to ensure is heard for reclaiming equality.Click here to consult with a registered expert human rights lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 month ago

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In the Age of Social Media, Human Rights Revisited

As one of the world’s new and emerging economies, India’s Dalits are manual scavengers rummaging through and cleaning the dry toilets of other people who are high caste and carting their human waste. The menfolk usually clean the sewer and the septic tanks while the womenfolk would be carting piles of excreta in cane baskets to get rid of them. According to estimates hundreds of sewer workers risk their lives to the point that hundreds of workers die every year as they inhale toxic gases. The internet in stark contrast is often believed to be a virtual space without any hierarchy but with unlimited scope and opportunities where the age-old caste system, race, and gender are non-existent. If it was to be assumed and also how the production, maintenance and ‘optimization’ of new media technologies exploring how some populations thrive and survive the fantasy of an internet devoid of humans are more often than not built on the premise that the bodies and the labor are invisible inclusive of the Dalits of death of others who are recolonized in lands far away.   Colonialism was driven by the social imaginary based on the premise that the source or emergence of knowledge is in the West and its spread to the other parts of the world is a result of the generous imperialist spreading of tentacles aggressively. It was presumed that the colonization of the black and brown slaves needed to be civilized and therefore, colonialism was an endeavor that was unavoidable, full of righteousness and piety. Dominant institutions of all kinds, inclusive of the scientific industrial complex, were deployed for justification claiming it to be true. In the meantime extraction from the colonies kept on providing the resources to stimulate the industrial revolution. Some things, including the production of various technologies using extracted colonial resources, bought back by the colonized subjects, creating vicious dependency cycles are existing even in this day and age.The vast majority of technology companies emerging in the West frequently have been partnering with their very own offshore delivery centers for cost-cutting purposes. A case in point is the fact that according to estimates several hundred thousand people are employed globally in moderation of digital content. This massive workforce scavenges several hundreds of hours of video footage, a couple of hundreds of thousands of tweets and millions and millions of Facebook posts that appear on the internet minute after minute as they vet and removed if the content is found to be offensive, violent, traumatic or even obscene. This is an example of the type of menial work also known as ‘digital waste’ that is outsourced to offshore locations in the name of optimization and cost-cutting. What the earnings of the Content moderators in India and the Philippines are in a day, the moderators based in the US earn in an hour which is the major incentive if not the only incentive for companies in the west to outsource their work to offshore locations as there is the advantage of these countries knowing the English language as well as being acquainted with the culture of the west.What are attractive to the vast majority of corporations is the fact that there is no telling when cheap labor could be laid-off anytime or conversely employers could shut down their offices in one location and reopen in another which might be even cheaper location. Indigenous Navajo Women were laborers producing circuits at a factory at the reserve maintaining a low profile for others to at least feel if not, in reality, be free and in control through the use of technology. It's been argued that historically the onus of digital media’s production of devices is disproportionately borne by colored women who create them. It's been discovered after delving into the historical data behind these technologies that both man and machine are absolutely essential for anyone to fathom the configuration of digital labor these days. The colored women’s labor in regards to electronics manufacturing or the digital revolution no one knows about or in other words they are unsung heroes. ?The launching of the PC revolution is a case in point that contributed to the rich history of offshoring that led to the Internet, and in turn, led to all other things. Besides, Navajo workers were regarded as possessing a mix of innate racial and cultural traits that could be enhanced or reformed to manufacture chips accurately, quickly, and seamlessly. Like scavenging manually, chip manufacturing has its claim to notoriety as being a filthy business and workers at semiconductor manufacturing plants are victims of diseases related to pollution. Eventually, the Navajo nation did not derive any economic benefit in comparison with what it had hoped for or expected from the plant and had to live with the waste and its long-term effects.Facebook, strictly enforces its mandatory requirement of signing non-disclosure agreements and once the NDA is signed employees are barred from even speaking to each other about their job profile. Although Facebook CEO Mark Zuckerberg’s speeches at the UN are broadly about optimizing the internet’s dominance and thereby leveraging human rights. In the process what he is after is showcasing and projecting his platform as though a bellwether of the freedom of expression, his company, has intimidated its offshore workers with a hefty penalty of a couple of thousands of Euros as punishment for violating the NDA. Click here to connect to Vidhikarya’s registered expert human rights lawyers for further legal advice in this regard.  

Posted By

Avik Chakravorty

1 month ago

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Consult Top Human Rights Lawyers in India

Ashcharya  Sanghavi

Ashcharya Sanghavi

Advocate
Exp
Bhavnagar , Gujarat

Specialization

  • Human Rights
  • Family
  • Adoption
  • Cheque Bounce
  • Child Custody
I am doing practice in advocacy field last since 3.5 years View Full Profile
Girdhari Lal  Chaurasia

Girdhari Lal Chaurasia

Advocate
Exp
Agra , Uttar Pradesh

Specialization

  • Human Rights
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
Advocate Girdhari Lal Chaurasia has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. View Full Profile
PARI  Ramaiah

PARI Ramaiah

SENIOR ADVOCATE AND SOLICIT
Exp
Chennai , Tamil Nadu

Specialization

  • Human Rights
  • Contracts and Agreements
  • Property
  • Arbitration and Mediation
  • Banking
I have more than 25 years of standing in Bar specialisation in indian and international contracts-drafting,vetting,negotiations and finalising contracts and property and succession related issues ,writ laws apart from general civil laws and IPR in Indian laws. View Full Profile
Prashant  Deshmukh

Prashant Deshmukh

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Human Rights
  • Property
  • Administrative Law
  • Banking
  • Cheque Bounce
I am a Senior Lawyer, practicing since 2006. View Full Profile
Vinay Kumar Nukathoti

Vinay Kumar Nukathoti

Advocate
Exp
Hyderabad , Andhra Pradesh

Specialization

  • Human Rights
  • Family
  • Arbitration and Mediation
  • Banking
  • Cheque Bounce
Syed Ramiz  Zafar

Syed Ramiz Zafar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Human Rights
  • Civil
  • Administrative Law
  • Adoption
  • Animal Laws
Advocate Syed Ramiz Zafar has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 5 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Pooja  Soni

Pooja Soni

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Human Rights
  • Sexual Harassment at Workplace
  • Domestic Violence
  • Adoption
  • Animal Laws
Let me fight for you. View Full Profile
Sanjay Kustwar

Sanjay Kustwar

Practicing Lawyer
Exp
New Delhi , Delhi

Specialization

  • Human Rights
  • Criminal
  • Administrative Law
  • Child Custody
I work as a advocate for children custody and human right related matters and criminal cases related to criminal cases. Case 138 Section and Leave Petition and Service Matters and marriage,Family Matters and other Consumer Consumers related to whom and needs all you ever need. Please contact thanks View Full Profile
soumava  Karmakar

soumava Karmakar

Advocate
Exp
New Delhi , Delhi

Specialization

  • Human Rights
  • Criminal
  • Cyber, Internet, Information Technology
  • Administrative Law
  • Animal Laws
Lawyer at Supreme Court, Delhi High Court, Calcutta High Court, Patiala House court, Tis Hazari Courts, Karkardooma Courts, Saket Court. View Full Profile
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  • What are Human Rights?
  • What are the constitutional provisions of Human Rights?
  • What areas are covered by the Human Rights?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Human Rights related queries and also guide you on how to resolve this matter with ease.

About the Human Rights


Human rights are the inalienable fundamental rights to the very aspect of distinguishing a human from other animals. These rights are indispensable to the value of humanity.

The Founding Fathers of the Indian Constitution had a vision of the Indian society, which they acknowledged through the Constitution. That vision was principally reflected in the Preamble, the sections on Fundamental Rights and Directive Principles of State Policy is the result of human rights development in the nation. It is the obligation of the State to ensure what is said in the Constitution. However, the stunning confirmation that the State is itself the guilty party, as indicated by Mr. J.S. Verma, the previous executive of the NHRC. As indicated by an announcement made by him on Jan. 15, 2003: It is frequently the State which is violator of Human Rights in most extreme cases in the nation. In any case, the most extreme obligation to ensure and shield the privileges of its natives likewise lies with the State

India became independent a year before the Universal Declaration of Human Rights. The specialised statue for the purpose of upholding human rights in India is the Human Rights Act 1993. Apart from this statute, other provisions and principles are also applicable, some of the basic human rights are recognised in the Indian Constitution as fundamental rights. Dr. Justice Durga Das Basu defined human rights as those minimal rights which every individual must have against the State, or other public authority, by virtue of his being a ‘member of human family’ irrespective of any consideration.

Some examples of the Constitutional provisions safeguarding the human rights in India can be Article 19 which provides for basic freedoms. Then Article 21 which provides the right to life, and so on. Article 32 is particularly very important. Article 32 provides for the Constitutional Remedies, under which, one can move the Supreme Court for the enforcement of the Fundamental Rights and this provision itself is made one of the Fundamental rights.

India also follows certain international convention, treaties, and guidelines to safeguard Human Rights.

Some important areas under Human Rights law


The Supreme court decided these areas in favour of Human rights:

  • Constitution Rights
  • Child Labour
  • Gender Based violence and Sexual Harassment
  • Literate Candidates in Panchayat
  • Recognizing the third gender - Transgender
  • Illegal Mining
  • Equal Guardianship rights for mothers and fathers
  • Striking down 66A of the Information Technology Act which was against the Constitution.

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