Constitutional Protections for LGBTQIA+ Rights: A Study of Legal and Judiciary Approaches

Abstract

This article examines the legal frameworks in India for LGBTQIA+ rights, focusing on the limitations and interpretations of these rights. The study aims to understand the larger repercussions of landmark judgements and identify ongoing social and legal obstacles that limit the overall balance. The study is crucial as it examines how LGBTQIA+ rights and established regulations interact, particularly in a culture where bias and dogmatism are prevalent. The research methodology involves examining regulations, established arrangements, and landmark cases that have shaped India's LGBTQIA+ freedoms system. The study also examines the historical context of LGBTQIA+ rights in India, examining the nuanced and lenient views on sexuality and orientation before the imposition of colonial/British legal system. Evidence of a culture that acknowledged two genders and same-sex organizations can be found in Hindu texts like the Kama Sutra and the Manusmriti, which recognize same-sex motivations as an intrinsic part of human sexuality.