Rights Of LGBTQ In India and The Struggle for Societal Acceptance

Abstract

Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) rights in India have evolved in recent years. However, LGBTQ citizens still face certain social and legal difficulties as compared to the people who do not belong to that community. It is duty of the court to pass just and reasonable order, duty of the Government to ensure that verdict reaches to the general public and duty of the public to welcome the decision of the court with open arms. However, with regard to the Rights of LGBTQ+ people, even though the Supreme Court of India in Navtej Singh Johar v. Union of India judgement, 2018 stepped up by abolishing the part of Section 377 of Indian Penal Code which criminalized act of homosexuality, the Government and the public also failed to utilize the judgment to the fullest as even after nearly 40 Months of passing of the landmark judgment, the situation with regard to LGBTQ Community has not improved much. The Central and State Government failed to make any special provisions for upliftment of LGBTQ people and the Community also failed to get societal acceptance from the citizens of the country. The paper looks at the long struggle of LGBTQ Community for basic Fundamental Rights and the Discrimination they face in different spheres of life with special reference to Transgender people and Judicial Pronouncements. The paper finally analyses the road ahead for the LGBT Community and what further legal and social changes are needed for LGBT individuals to gain full acceptance and equality within the conservative Indian society.