In
this research article a comparison between the positions of sexual minorities
in India and USA will be studied. Critical human rights concerns related to
sexual orientation and gender identity and the challenges faced by such groups
will be analyzed. Furthermore, it spotlights on the issues confronted in the two
countries and how far the NGOs have been successful in assisting the sexual
minorities in realizing their rights. In addition to recognizing the issues
faced, the paper shall address the laws present in India and USA, the
consequences of such legislations upon the sexual minorities and the role
played by the Indian Judiciary. Lastly, it shall focus on the necessity of
framing or modification of requisite laws and legislation for the protection
against discrimination and assurance of human rights to the sexual minorities.

As
heterosexuality is observed as the norm, often people with different sexual
orientation or transgender or any other nonconforming identity is identified as
a threat or risk to the social order. Maximum societies are founded on the convention
that there are two complementary sexes, male and female. As a result
heterosexuality is viewed as worldwide and only appropriate way.

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Sexual
orientation refers to each person’s capacity for profound emotional and sexual
attraction to individuals of a different gender, the same gender or more than
one gender, and to the capacity to have sexual relations with them.

In
spite of barring discrimination on the grounds of sexual orientation and gender
identity (SOGI) by various International Human rights instruments, which has
been approved by most states, persons with sexual orientation or gender
identity that does not conform to popular professed standards frequently face
downgrading, discrimination and violence globally. Homosexual acts are illegal
in 78 countries and in seven of these are punishable with the death penalty. Despite
the fact that not these states actualize their unfair laws, their mere presence
normally strengthens a culture of tolerance and exemption with respect to
segregation and brutality towards lesbian, gay, bisexual, transgender and
intersex individuals (LGBTI).

Abstract:

Position of Sexual Minorities in India and USA: A
comparative Analysis