Government Measures for LGBTQAI+ Inclusion and Rights
Source:PIB ↗
हे का महत्त्वाचे आहे
The inclusion and protection of LGBTQAI+ individuals is a critical dimension of constitutional morality, fundamental rights (Articles 14, 15, 19, and 21), and social justice. It is highly relevant for UPSC GS2 (Welfare schemes for vulnerable sections, mechanisms/laws/institutions constituted for their protection) and GS1 (Society). Understanding government measures in this domain helps contextualize evolving societal norms and judicial pronouncements.
सारांश
The Central Government has reiterated its commitment to safeguarding the rights and fostering the inclusion of the LGBTQAI+ community in India. Emphasizing the principles of non-discrimination and equal opportunity, the government highlighted its ongoing measures and policy interventions to integrate sexual and gender minorities into the mainstream. These efforts align with the legislative framework of the Transgender Persons (Protection of Rights) Act, 2019, and the evolving constitutional jurisprudence surrounding gender justice and the right to privacy (Article 21). The reaffirmation underscores the state's responsibility in protecting vulnerable sections and ensuring holistic social justice.
मुख्य मुद्दे
- The Central Government has reaffirmed its commitment to protecting the rights and promoting the inclusion of the LGBTQAI+ community in India.
- The measures emphasize ensuring non-discrimination, equal opportunities, and social justice for marginalized sexual and gender minorities.
- The government's stance aligns with legislative frameworks like the Transgender Persons (Protection of Rights) Act, 2019, and recent judicial directives.
- Efforts are directed towards mainstreaming the community through targeted welfare schemes and policy interventions to uphold their fundamental rights under Article 21 and Article 15.
पूर्वपरीक्षा सापळा
The Supreme Court in Supriyo (2023) recognized same-sex marriage as a fundamental right under Article 21.
The Supreme Court explicitly held there is no unqualified fundamental right to marry, placing the legal recognition of same-sex marriage squarely in the legislative domain of Parliament.
संबंधित स्थिर संकल्पना
What is the statutory framework of the National Council for Transgender Persons (NCTP)?
- Statutory Origin: It is a statutory body constituted under Section 16 of the Transgender Persons (Protection of Rights) Act, 2019.
- Leadership: It is chaired ex-officio by the Union Minister for Social Justice and Empowerment.
- Core Function: It advises the Central Government on formulating policies, programs, and legislation for transgender persons while coordinating department activities.
What are the key interventions under the SMILE scheme for Transgender Persons?
- Target Beneficiaries: 'Support for Marginalized Individuals for Livelihood and Enterprise' targets both transgender persons and persons engaged in begging.
- Shelter Homes: Provides 'Garima Greh' shelter homes offering basic amenities, medical care, and recreational facilities.
- Health Insurance: Converges with Ayushman Bharat (PM-JAY) to provide comprehensive health insurance, including support for gender-reaffirmation surgeries.
आंतर-विषय नमुने
LGBTQAI+ rights & horizontal reservation
Debates over affirmative action for transgender persons intersect with constitutional provisions (Article 15 & 16) and the NALSA (2014) judgment's mandate for treating them as socially and educationally backward classes.
SMILE scheme & PM-DAKSH overlap
SMILE converges with skill-development frameworks like PM-DAKSH, illustrating a shift from purely welfare-based approaches to livelihood generation and financial mainstreaming of marginalized identities.
Expect a Prelims multi-statement question in 2026 testing the statutory powers of the NCTP alongside specific components of the SMILE scheme.
संबंधित PYQ · 3
संबंधित PYQ · 3
- 2023MainsGS2
Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.
- 2020PrelimsGS1
In India, Legal Services Authorities provide free legal services to which of the following type of citizens? 1. Person with an annual income of less than ₹ 1,00,000 2. Transgender with an annual income of less than ₹ 2,00,000 3. Member of Other Backward Classes (OBC) with an annual income of less than ₹ 3,00,000 4. All Senior Citizens Select the correct answer using the code given below:
- 2024PrelimsGS1
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
