ANALYZING THE INCLUSION OF QUEER IDENTITIES IN INDIAN ANTI-SEXUAL HARASSMENT LAW
By Akansha Sharma
(Student, National Law University and Judicial Academy, Assam)
The institutionalized members of the queer community have historically been made victims of social discrimination and isolation which became the prime reason for the marginalization of the group. The community which was once revered in ancient times, to which the pious texts bore witness, was subjected to great indignity at the hands of the Mohammedan rulers. Despite innumerable emancipation movements, the status of the community in the legal spectrum has not seen a silver lining. There is a dearth of inclusion in the legal arena which adds to their vulnerability. The Indian anti-sexual harassment laws are still bound by the binary diction of gender, leaving out the queers from such protection laws. This has made them prone to harassment not only in workplaces and streets but at home too. This article deals with the historical inclusion of the community in the anti-sexual harassment laws in India and elucidates the loopholes present in the extant laws. It also demonstrates the active role of the judiciary in the realm to procreate a safe space for the queer community in the country.
Queer Community, Vulnerability, Binary diction of gender, Judicial decisions, Anti-sexual harassment laws.
|Information||Lex Humanitariae: Journal for a Change, Volume III Issue II, Pages 65-70|
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