Priyanka Shah, Temp. Teaching Assistant, Faculty of Commerce, The Maharaja Sayajirao University of Vadodara
ABSTRACT
Through this study the researcher aims to do the critical analysis on the laws presently available for the LGBT Community. Are they mitigating the need and requirements of the LGBT Community and the freedom that they shall get at home in their personal life? As according to the researcher it’s the biggest question of morality at present times which has confronted the judges many times that whether the laws available in India yielding with the needs and requirements of LGBT community? Indian Constitution gives the freedom to every Indian Citizen under Article14, 15, 19 and 21. Is it Bias to them? Do the Laws Presently available under IPC are implicated justifiably? Recently the Tran’s Persons (Protection of Rights) Act, 2019 has passed by Indian Government it’s a big victory for the LGBT Community. After a long battle they got the recognition but is it the END of their battle or there is something missing yet? That’s the main focus of researcher to look in to the circumstances & the reality of LGBT’s situation in perspective of laws available. As recently the Navtej Singh Johar’s Case given them the liberty to marry the same sex person while decriminalising Section 377 of IPC, but yet the war has just started and it’s not the end of their battle. As the question how has overlooked the part of applicability has been not touched. Though the Act is useless it need many amendments as per the researcher’s analysis.
Keywords: Tran’s Act, LGBT Community - Rights, Justice, Constitution, IPC, Gender Justice, Discrimination, Equality, Uniformity of Law, Societal Response
