Evolution Of Legal And Fundamental Rights And The Battle Of Identity Of The Lgbtq Community

Meghna Sharma , Bennett University


Homophobia and transphobia are some of the evils of our Indian society which has been present from ages. Prior to some landmark constitutional judgments, the basic rights were denied to the LGBTQ community and their existence and identity were simply ignored by the society. This community has been ostracized and humiliated since centuries and the constitutional judgments were the need of the hour. The LGBTQ community’s fundamental rights have been affirmed and their existence and needs have been finally recognized by the courts. There is a change observed in the approach to view this community and there is a shift seen from their status as illegal, unnatural or sinful to natural, equal and legal.

The aim and objective behind this research paper are to explore the identities of the LGBTQ community and research about the evolution of their fundamental rights. The paper also seeks to look at the evolution of their culture and identity. The research method that is being used is the descriptive research method in which various judgements of the Supreme/high courts and their effect on the fundamental rights of the people of the LGBTQ community will be analyzed.

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.


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.