LIJDLR

LGBTQ COMMUNITY IN INDIA A SOCIO-LEGAL ISSUE

Yashasvi Khattry, BA.LLB (H) /5th year/Semester 10th Student at Amity Law School Lucknow (India)

Dr. Rohit Kumar Shukla, Assistant Professor at Amity Law School Lucknow (India)

This research paper examines the position of the LGBTQ community in India as a socio legal issue, with a specific focus on constitutional guarantees, judicial developments and gaps in public policy. It traces the journey from colonial criminalisation under Section 377 of the Indian Penal Code to the recognition of sexual orientation and gender identity as protected facets of dignity, privacy and equality under Articles 14, 15, 19 and 21. It analyses key decisions such as NALSA, Puttaswamy and Navtej Singh Johar, and evaluates how far they have transformed access to education, work, family life and public spaces for LGBTQ persons. A central focus of the study is the constitutional architecture of reservation in higher education and the scope for inclusion of LGBTQ communities, especially transgender and gender nonconforming persons, within vertical and horizontal affirmative action frameworks. Using a socio legal method and drawing on reports, case law and policy documents, the paper maps continuing discrimination, implementation deficits and economic costs of exclusion. It then offers constitutionally viable recommendations for reform of higher education reservation policy and for a more coherent anti discrimination regime, aimed at realising substantive equality and inclusive citizenship for LGBTQ persons in India.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 978–999.
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