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Beyond Decriminalization: Unveiling The Ongoing Struggles Of The LGBT Community In India




Afifa Sherin H, Delhi based advocate

ABSTRACT

In 2018, a significant milestone was achieved for the LGBT community in India when consensual same-sex acts ceased to be criminalized. However, this legal change alone is insufficient to alter societal perceptions. LGBT individuals continue to face adversity from both society and family, enduring persistent discrimination. Although a specific provision for same-sex attracted people was incorporated into the Indian Penal Code, the groundbreaking Navtej Singh Johar case further decriminalized consensual same-sex activities under Section 377.

Despite this progress, non-consensual same-sex acts remain an offense under Section 377. Mere decriminalization falls short of addressing the broader challenges faced by the LGBT community in attaining legal and societal recognition. This paper aims to present the current scenario of LGBT individuals in India, advocating for societal awareness that they are neither different nor abnormal. It delves into the various social realities and behaviors contributing to the detriments experienced by the LGBT community Beyond Decriminalization: Unveiling the Ongoing Struggles of the LGBT Community in India.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

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.

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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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