The Evolving Legal Status Of LGBTQ+ Rights In India: The Way Forward
- IJLLR Journal
- 2 hours ago
- 1 min read
Sudipti. L, School of Law, B.A. LL.B. (Hons.), SASTRA University, Thanjavur, Tamil Nadu, India
Shruthi Karthik, School of Law, B.A. LL.B. (Hons.), SASTRA University, Thanjavur, Tamil Nadu, India
ABSTRACT
Homosexuality has undergone massive transformation in India over the past decade. Until the Navtej Singh Johar case. What was a criminal offence under section 377 of the Indian penal code, is now a legally recognized right, as an expression of constitutional liberty, a matter of freedom of expression and one’s identity. However, decriminalization is not complete freedom and is not equality. This article aims to study the journey of LGBTQ+ rights with a brief on the history of homosexuality throughout various periods and the judicial journey from Naz foundation (2009) to Navtej Singh Johar (2018) and examines, with, the Supreme Court's 2023 decision in Supriyo v. Union of India, which declined to recognize same-sex marriage. The article argues that while the courts have taken a huge step in affirming LGBTQ+ dignity, the absence of legislative action continues to leave a significant legal vacuum, one that requires legislative and judicial attention, while drawing from constitutional provisions, comparative analysis and the difference among a legal right and society. This article calls for a framework that protects individuals of the LGBTQ+ community.
Keywords: Section 377, LGBTQ+ Rights, Naz foundation, Navtej Singh Johar, Supriyo, Same-Sex Marriage, Article 14, Article 15
