Same Sex Marriage: Judicial And Legal Reforms

Aditya Malhotra, Jindal Global Law School, Sonipat

INTRODUCTION

The word "LGBTQ" encompasses a diverse group of individuals whose gender and sexual orientations do not conform to the heterosexual norm. The phrase in question lacks a specific meaning and is commonly denoted by the usage of the "+" symbol. The acronym "LGBTQ" is an abbreviation for the terms Lesbian, Gay, Bisexual, Transgender, and Queer. The term "LGBTQ" solely pertains to the sexual orientation of an individual.

The LGBTQ community has been struggling since a long time to receive global acceptance. Particularly in India, the topic for the same has been in discussion since August 11, 1992, when the first gay rights protest was conducted. The movement was carried by 7 members of AIDS Bhedbhav Virodhi Andolan (ABVA), who published “Less than Gay”, due to the discrimination they faced. The report’s objective was to demand rights in India, as it imposed Section 377 of The Indian Penal Code, The Army, Navy, and Air Force Act of 1950.

Section 377 of The Indian Penal Code pertained to "unnatural offences" and was applicable to anyone belonging to the aforementioned group. In addition to experiencing infringements of their rights, several individuals within the society also encounter instances of discrimination in other domains such as workplaces, employment, adoption, and maintenance, among others. In recent times, the decriminalization of same-gender sexual activity has taken place in India; nonetheless, the broader cultural acceptability and recognition of rights pertaining to this matter remain withheld.