In 2015 - LGBT Rights

Topic: LGBT Rights
Country: India
Delegate Name: Brielle Ashford
School: Roeper School

Topic page: background guide and all position papers All India position papers GLIMUN 2015 committees

It is with great pleasure that India is present to deliberate over the rights of lesbian, gay, bisexual and transgender (LGBT) citizens. India recognizes basic human rights as being paramount, and strongly supports the Universal Declaration of Human Rights; guaranteeing the right to life, liberty and the security of a person.

However, India feels these rights can be subjective when applied to those committing criminalized actions; a category that those persons classified a LGBT would indisputably fall into as defined by Section 377 of the Indian Penal Code. The section reads: “377. Unnatural offences – Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

As the Penal Code states, India is unable to afford these peoples the same treatment as upstanding citizens. India demands that national sovereignty be a foundation for discourse, and that whatever may be ascertained by other nations must not infringe on the sovereignty of the state at hand. Given these beliefs, India feels that the rights allocated for LGBT persons at large is a non-issue, and must not be infringed on opposing states.

However, India feels that those identifying as transgender are in a more distinctive position that demands the attention of the global community. India affirms that it is the right of every person to choose their gender, and that their gender of choice shall be legally recognized upon the commencement of a sex reassignment surgery and protected on the basis of the constitution.

India urges all nations to truly view the topic of LGBT Rights as a multifaceted issue that every nation must define for the good of their own citizens with regard to cultural, political and religious climate.