PROTECTION OF LGBTQ RIGHTS: AN ANALYSIS OF LEGAL FRAMEWORK IN INDIA

  • Unique Paper ID: 168130
  • Volume: 11
  • Issue: 4
  • PageNo: 1357-1360
  • Abstract:
  • This paper examines the legal framework governing the protection of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) rights in India. Despite significant advancements, LGBTQ individuals in India continue to face widespread discrimination and marginalization. The study analyzes the evolution of LGBTQ rights in India, from the decriminalization of consensual same-sex relations in Navtej Singh Johar v. Union of India (2018) to the current legal landscape. The paper assesses the strengths and limitations of existing laws, including the Protection of Human Rights Act, 1993, and the Transgender Persons (Protection of Rights) Act, 2019. It also explores the role of judicial activism, societal attitudes, and international human rights standards in shaping LGBTQ rights in India. The analysis highlights the gaps and challenges in the current legal framework, including the lack of anti-discrimination legislation, inadequate healthcare and social welfare provisions, and limited recognition of same-sex relationships. The study recommends reforms to strengthen the protection of LGBTQ rights, promote inclusivity, and ensure equal citizenship for all individuals, irrespective of their sexual orientation or gender identity.

Copyright & License

Copyright © 2025 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{168130,
        author = {Mr. Umesh Tulshidas Khobarekar and Dr. Sunil Kumar Pandey},
        title = {PROTECTION OF LGBTQ RIGHTS: AN ANALYSIS OF LEGAL FRAMEWORK IN INDIA},
        journal = {International Journal of Innovative Research in Technology},
        year = {2024},
        volume = {11},
        number = {4},
        pages = {1357-1360},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=168130},
        abstract = {This paper examines the legal framework governing the protection of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) rights in India. Despite significant advancements, LGBTQ individuals in India continue to face widespread discrimination and marginalization. The study analyzes the evolution of LGBTQ rights in India, from the decriminalization of consensual same-sex relations in Navtej Singh Johar v. Union of India (2018) to the current legal landscape. The paper assesses the strengths and limitations of existing laws, including the Protection of Human Rights Act, 1993, and the Transgender Persons (Protection of Rights) Act, 2019. It also explores the role of judicial activism, societal attitudes, and international human rights standards in shaping LGBTQ rights in India. The analysis highlights the gaps and challenges in the current legal framework, including the lack of anti-discrimination legislation, inadequate healthcare and social welfare provisions, and limited recognition of same-sex relationships. The study recommends reforms to strengthen the protection of LGBTQ rights, promote inclusivity, and ensure equal citizenship for all individuals, irrespective of their sexual orientation or gender identity.},
        keywords = {LGBTQ rights, India, legal framework, human rights, discrimination, marginalization, judicial activism, Transgender Persons (Protection of Rights) Act, Navtej Singh Johar v. Union of India.},
        month = {September},
        }

Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 4
  • PageNo: 1357-1360

PROTECTION OF LGBTQ RIGHTS: AN ANALYSIS OF LEGAL FRAMEWORK IN INDIA

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