Published Online:July 2024
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:
Author Name:Vibhuti Sirsat Vijay and D Ganesh Kumar
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:12
The evolution of international human rights law in recent decades has given rise to a new form of legal pluralism, especially with regard to gender justice. The contemporary gender justice touches on issues concerning not only men and women but also the third gender. However, the lack of consensus at the international level still poses challenges to the gender justice regime. In India too, the situation regarding LGBTQ rights remains complicated. On a progressive note, previous judicial precedents have played crucial roles in ensuring their rights. The Legislature has also taken strong steps such as “The Transgender Persons (Protection of Rights) Rules, 2020” to bring about a progressive change for the LGBTQ community. Despite these steps, the cultural and local acceptance of the community remains a huge barrier to fully achieving LGBTQ rights. Legal pluralism, especially based on the colonial mindset, has played a major role in discrimination against the LGBTQ community. This paper seeks to analyze the state of LGBTQ community, their fundamental and legal rights, cultural and social barriers, and the role of legal pluralism
In its landmark judgement “NALSA,” the Supreme Court of India (henceforth referred to as the Supreme Court or SC) recognized the fundamental rights of transgender people under Articles 14, 15, 16, 19, and 21 of the Indian Constitution.1 This was followed by the decision in Navtej Johar vs. Union of India2 (henceforth “Navtej Johar”), which read down Section 377 of the Indian Penal Code, 1860 (henceforth “the IPC”) and decriminalized adult cohabiting relationships between people of the same gender.3 The Supreme Court has confirmed and expanded the extent of LGBTQ rights in India with this ruling.