Legal Aspects of LGBTQ+ Rights in India

This research paper examines the legal evolution and current status of LGBTQ+ rights in India through the lens of constitutional law, statutory frameworks, and judicial interpretation. It traces the transformation of LGBTQ+ rights from the colonial-era criminalisation under Section 377 of the Indian Penal Code to the recognition of sexual orientation and gender identity as integral aspects of dignity, privacy, autonomy, and equality under the Constitution of India. The study analyses landmark judicial decisions, including Naz Foundation v. Government of NCT of Delhi, Suresh Kumar Koushal v. Naz Foundation, Navtej Singh Johar v. Union of India, National Legal Services Authority (NALSA) v. Union of India, and Supriyo @ Supriya Chakraborty v. Union of India, highlighting their contributions to the development of LGBTQ+ jurisprudence. The paper further evaluates the legal framework governing transgender rights under the Transgender Persons (Protection of Rights) Act, 2019, and examines persistent challenges relating to same-sex marriage, adoption, inheritance, employment discrimination, and family recognition.