Law And LGBT Rights: A Constitutional And Human Rights Analysis Of Equality, Dignity, And Inclusion
Mr. Tauro Kevin Jacob Ivy, Research Scholar,Shri Venkateshwara University, Gajraula, Amroha (U.P.)
Dr. Ashok Yadav, Professor, Shri Venkateshwara University, Gajraula, Amroha (U.P.)
ABSTRACT
The study discusses the constitutional and human rights system used in ensuring protections for the LGBT rights in India and more specifically principles of equality, dignity, and inclusion. This study seeks to discuss the constitutional clauses protecting the rights of people of the LGBT community, and the effectiveness of the international human rights principles in enhancing legal safeguarding and encouraging social acceptance. A descriptive and analytical research methodology that is based on secondary sources is adopted with a complete reliance on the constitutional provisions, statutory laws, landmark judicial decisions, international conventions, legal reports, books and peer-reviewed literature. The results indicate that Articles 14, 15, 19, and 21 of the Constitution coupled with the progressive judicial interpretations in seminal cases have gone a long way in promoting the acknowledgement and safeguarding of the LGBT rights. The constitutional jurisprudence and inclusive legal reforms have also been further impacted by international human rights instruments, especially the Universal Declaration of Human Rights, the ICCPR, the ICESCR and the Yogyakarta Principles.
Keywords: LGBT Rights, Constitutional Law, Human Rights, Equality, Dignity, Inclusion.
