THE ROLE OF INDIAN JUDICIARY IN ADVANCING LGBTQIA+ COMMUNITY RIGHTS

The role of Indian judiciary in promoting LGBTQIA+ rights has been transformative and growing that exemplifies exceptional judicial activism despite problems in social acceptance and lack of legislative framework. This article shall discuss the role of judiciary in India as an agent in dismantling taboos against the queer community and anti- LGBTQIA legal structures, especially through significant decisions like Naz Foundation v. Government of NCT of Delhi (2009) , NALSA v. Union of India (2014) , The Puttaswamy judgement and Navtej Singh Johar v. Union of India (2018) . The courts through progressive interpretation of constitutional provisions, have identified fundamental right to dignity, privacy, equality and non-discrimination on basis of gender-identity or sexual orientation, upholding provisions of IPC Section 377 and introducing safeguards for trans community. By analyzing how the Indian courts has drawn upon principles of the constitution, human rights and comparative legislations to enforce LGBTQIA+ rights this article also explores and criticizes the recent same-sex marriage litigation and its exposed limitations. Though advancements are made in addressing acceptance issues, much more work remains to be done to institutionalize constitutional protection as real- world experience of equality and inclusion. _x000D_ Keywords: LGBTQIA+, rights, sexual orientation, constitutional law