LEGAL RIGHTS OF LGBTQ+ & CHALLENGES IN THE CONTEMPORARY ERA
Dr. Komal N. Khajone, Assistant Professor, School of Law, G H Raisoni University, Amravati (India)
Dr. Sandeep C. Nagarale, Professor, Swatantrya Senani Jawahrlal Darda College of Law, Yavatmal (India)
Recognition and enforcement of the rights of LGBTQIA+ individuals is setting up a landmark for current constitutional and human rights debates. People who identify with the LGBTQIA+ umbrella have traditionally been marginalized and criminalized by society, and denied legal recognition of their identity, dignity and equality, and have waged a protracted struggle for equality before the law. The right to self-identified gender was acknowledged in the case of National Legal Services Authority (NLSA) v. Union of India, while the right to sexual autonomy was upheld in the decriminalisation of consensual homosexuality between adults in Navtej Singh Johar v. Union of India. Beyond these, the Transgender Persons (Protection of Rights) Act, 2019 will prohibit discrimination and promote welfare programs for transgender people – but the process to certify the act has faced criticism, as well as the lack of reservations. The Indian Penal Code (IPC) was replaced by the Bharatiya Nyaya Sanhita, 2023 which removed Section 377 which provided no legal protection for male victims of non-consensual sexual acts. The IPC was replaced by Bharatiya Nyaya Sanhita, 2023, which was intended to remove Section 377, but had no gender-neutral sexual offence provision for non-consensual sexual acts. The doctrinal method adopted in this paper highlights the evolution of rights of the LGBTQIA+ community in India from a constitutional perspective of equality and non-discrimination, privacy and personal liberty and explores adoption rights and marriage rights as outlined in the Hindu Adoptions and Maintenance Act, 1956, the Juvenile Justice Act, 2015 and the Hindu Marriage Act, 1955. The paper concludes by emphasising the importance of effective enforcement, sensitisation programmes and intersectional legal protection to create tangible social inclusion and realise constitutional rights that are due to the LGBTQIA+ community in India.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 74–95. |
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