From Decriminalisation To Parenthood: The Unfinished Journey Of LGBTQ+ Rights In India
- IJLLR Journal
- 1 hour ago
- 2 min read
Vishakha Shekhawat, Assistant Professor, School of Law, Dayananda Sagar University, Bangalore
Neelima I M, LL.B., School of Law, Dayananda Sagar University, Bangalore
ABSTRACT
Parenthood is widely recognized as a fundamental aspect of human life, encompassing emotional, social, and legal dimensions. However, for individuals belonging to the LGBTQ+ community, the realization of parenthood often involves navigating complex legal, social, and institutional barriers. This thesis examines the concept of parenthood rights for the LGBTQ+ community, focusing on the evolving legal recognition, societal attitudes, and challenges faced by LGBTQ+ individuals and couples in exercising their right to form and raise families. The study explores the intersection between human rights, equality, and family law, emphasizing the need for inclusive legal frameworks that recognize diverse family structures. legal systems across the world have been shaped by heteronormative assumptions that recognize families primarily as unions between a heterosexual man and woman. The lack of recognition of same- sex relationships in many jurisdictions further complicates the ability of LGBTQ+ couples to establish legal parent-child relationships. uncertainty in matters such as custody, inheritance, parental authority, This research seeks to analyze the legal developments concerning LGBTQ+ parenthood rights at both national and international levels. It evaluates how constitutional principles of equality, dignity, and non-discrimination form the basis for expanding family rights beyond traditional models. The study also examines international human rights frameworks that advocate for equal treatment regardless of sexual orientation or gender identity. The thesis discusses the broader socio-cultural barriers that LGBTQ+ parents may encounter which include stigma, lack of institutional support, discrimination in healthcare and educational settings, and inadequate legal protections for non-biological parents within same-sex partnerships. This thesis would analyse and give a The issue of parenthood rights for the LGBTQ+ community reflects the evolving understanding of family, equality, and human dignity in modern society. Traditional legal frameworks have often excluded diverse family structures, creating challenges for LGBTQ+ individuals seeking to exercise parental rights. As social attitudes and legal perspectives gradually change, the recognition of different forms of parenthood continues to develop. Ensuring inclusive legal and social frameworks remains an important aspect of addressing these challenges. The discourse on LGBTQ+ parenthood therefore continues to shape future discussions on equality, family law, and human rights.
