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A Long Haul To LGBTQ+ Equality In India And Protection Of Their Fundamental Rights

Divyanshi Shukla, BA. LLB, University of Petroleum and Energy Studies


Deeply embedded homophobia and transphobia in Indians have gone to a point where it has interfered with the fundamental rights of the people. Section 377 1was a law that criminalized homosexuality and was the basis for discriminating against queer people. It was abolished in 2018. There were four simultaneous and separate convictions that invalidated Section 377 for criminalizing adult sexual activity under an agreement. The main constitutional reasons were: (i) Equality under Article 142. (ii) Right to oppose discrimination in accordance with Article 153. (iii) Right to expression and freedom of expression in accordance with Article 194. (Iv) Confidentiality under Article 215. However, this in any case ensured a sense of security and protection of their basic rights in Queer's India.

Discrimination against people based on gender / gender identity and sexual orientation is closely linked to employment, interpersonal relationships, adoption decisions, and general social acceptance. Homosexual aversion, transphobia, and bisexual phobia are deeply rooted in people's minds and lead to a variety of derogatory behaviours. From refusing to recognize the LGBT community to overt violence, murder, and conversion therapy, we read this kind of news every day.

Paradoxically, all ancient Indian scriptures such as Kama Sutra and Mahabharata accept and encourage homosexual behaviour. So, people may have chosen to interpret what they want. Evidence of same-sex attraction and transgender can also be found in the Bible. So, it's time to evaluate and take action on crimes against LGBTQ +.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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