Madhu mithra
CAN ALTERNATIVE DISPUTE RESOLUTION MECHANISMS BECOME THE DEFAULT METHOD FOR SOLVING LGBTQ ISSUES?

CAN ALTERNATIVE DISPUTE RESOLUTION MECHANISMS BECOME THE DEFAULT METHOD FOR SOLVING LGBTQ ISSUES?

On September 6, 2018, the Apex Court of India ruled that consensual homosexual acts would no longer constitute a crime. The historic move reversed Section 377 of the Indian Penal Code, 1860 which was a legacy of British colonial rule

Today, homosexuality and queer identities may be acceptable to more Indian youths than ever before, but within the boundaries of family, home, and school, acceptance of their sexuality and freedom to openly express their gender choices remain a constant struggle for LGBT (lesbian, gay, bisexual, transgender) people.

 

As Section 377 of the Indian Penal Code was removed, but there is a wide gap in implementing a policy for the LGBTQ community and make a better environment for them. Right now, they are facing many issues that are underline in the below section:

  • Issue of Family: The problem of sexual orientation and gender identity leads to fighting and family disruption. Lack of communication and misunderstanding between parents and their LGBT children increases family conflict.
  • Issue of Discrimination still prevails in Work Place: LGBTQ suffers from socio-economic inequalities in large part due to discrimination in the workplace.
  • Issue of Injustice: Human rights and fundamental rights apply to all person, but the state is failed to create special legislation which protects the rights of LGBTQ Minority community and to provide real justice to them.

Alternative dispute resolution which resolves the disputes amicably outside the court could be considered to solve the civil disputes of the LQBTQ community, because of the lack of standard court proceedings. Amidst the tedious time-consuming court procedures, the Alternate Dispute Resolution Mechanisms are boon to the fast-moving world including LGBTQ people. Speedy and disputant-friendly methods are the most significant advantages of the ADR mechanism. There are various kinds of Alternate Dispute Resolution Mechanisms such as Arbitration, Mediation, settlement conferences, neutral evaluation, Lok Adalat, etc. One such frequently adopted dispute resolution method in India is Mediation. Mediation ensures confidentiality between the parties and the mediator (impartial third party). The mediator communicates using specialized communication techniques to the disputant to resolve the issue.

Since LGBTQ issues significantly cover the relationship problems, mediation can be adopted to resolve it which happens confidentially in a closed circle. Till date, the enforceability of resolution through ADR mechanism in India is constrained with commercial disputes, which has to be reviewed to widen the scope of ADR. Since the matrimonial and the other relationship disputes are to be handled confidentially, mediation and other relevant ADR mechanisms suits well to decide on such kind of sensitive disputes.

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