Unveiling History And Progress: Socio-Legal Challenges For LGBTQ+ Communities In India
- IJLLR Journal
- 2 days ago
- 1 min read
Ms. Navya Chadha, B.A.LL.B. (Hons.), Himachal Pradesh National Law University, Shimla
ABSTRACT
This paper explores the historical trajectory of the status of LGBTQ+ communities in India. Drawing from historical and mythological texts, the research explores how sexual diversity was once normal and celebrated. Imposition of Victorian morality and colonial laws such as criminalization of homosexuality, brought systematic stigmatization and criminalization of non-heteronormative identities. Despite progressive interventions in recent past, this paper highlights limitations of judicial precedents and legislative protections deemed to be inclusive and argues that India’s legal framework has remained exclusionary. The absence of comprehensive anti- discrimination protections, lack of sensitivity and gender-neutral laws have become a challenge for LGBTQ+ community, building glass ceilings for them to get mainstreamed. While the legal strides have been made, the social mindset and legislative inertia continue to hinder true inclusivity. This paper invites legislative reforms to dismantle enduring prejudices and secure dignity, equality, and representation for the LGBTQ+ community in India.
Keywords: LGBTQ+, gender justice, discrimination, Trans rights, Victorian morality, same-sex marriage, inclusivity.
