Unfinished Fights For LGBTQ+ Community Rights In India
- IJLLR Journal
- Mar 14
- 2 min read
Anushree Dwivedi, Aryan Menon & Aditi Vibhute, ILS Law College, Pune
ABSTRACT:
Despite progress globally, the LGBTQ+ community remains systematically marginalized, victimized and excluded. In 75 countries same-sex relationships are criminalized and even in more inclusive societies LGBTQ+ people face discrimination in the personal and professional spheres of life. Cultural attitudes rooted in homophobia, biphobia and transphobia contradict the Universal Declaration of Human Rights’ commitment to equality. Even in the healthcare system, institutional violence worsens physical and mental health outcomes for LGBTQ+ patients and issues like bullying, religion and race can make things worse. Coerced secrecy often leads to internalized heterosexism, self-hatred and low self-esteem. Hate crimes against the LGTBQ+ communities continue to be a big issue with no legal protection. Although, International Human Rights Law guarantees equality, LGBTQ+ people are denied basic rights like Employment, housing and legally recognized partnerships. Without legal recognition of same-sex unions, these inequalities get deeper as marital rights like inheritance, adoption and tax benefits seem out of reach. Acknowledging and protecting the rights of LGBTQ+ people is essential in building a society based on dignity and equality. Reforms in law that can address these inequalities are important so that the policies of different States are in line with Universal Human Rights and foster an inclusive society. Decriminalization of homosexuality in India with the repeal of Section 377 of the IPC in 2018 was a big step towards inclusivity but same-sex marriages are yet to be legally recognized. Treatment of LGBTQ+ people as unequal citizens and denial of formal recognition takes away from them the basic rights associated with marriage like adoption and inheritance which needs immediate legislative reform. This paper looks at the gaps in Indian law that threaten, coerce and discriminate against LGBTQ+ people. Through analysis of laws in countries like the UK, Taiwan, South Africa, Malta and Pakistan this study shows how marriage equality, adoption rights, anti-discrimination laws, recognition of gender identity, laws against conversion therapy and hate crime laws have evolved over time. These comparisons will help create a blueprint to guide India in transforming its society into a more inclusive on.
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