Social Stigma As An Impediment To The Effectiveness Of The Legal Protection For LGBTQ+ In India
- IJLLR Journal
- Aug 4
- 1 min read
Sayantika Das, Campus Law Centre, University of Delhi
ABSTRACT
The decriminalisation of Section 377 by the Supreme Court of India in 2018 was a revolutionary moment for LGBTQ+ rights. However, the absence of comprehensive anti-discrimination and family rights laws leaves LGBTQ+ individuals vulnerable to societal stigma, discrimination and exclusion. This paper examines the evolving legal progress, including recent landmark judgments such as Navtej Singh Johar v. Union of India (2018), National Legal Services Authority (NALSA) v. Union of India (2014), and Deepika Singh v. Central Administrative Tribunal (2022), which expanded the deliberation on gender identity. Despite these advancements, the lack of enforceable rights in areas like marriage, adoption, and workplace inclusion perpetuates inequalities. Using a comparative analysis with countries that have implemented legal protections and accrued rights, the paper highlights how social change can catalyze effectualization of legal protections and legal rights. Recommendations include introducing anti-discrimination laws, recognizing same-sex marriage, and integrating judicial directives with societal sensitisation programs with intervention in the education system primarily and groundwork approach. This study underscores the urgency of aligning legal advancements with broader societal acceptance to achieve substantive equality and justice for LGBTQ+ communities in India.
Keywords: LGBTQ+ rights, Social Stigma, Gender identity, legal rights, same sex marriage, Social acceptance
