Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

THE JOURNEY OF LGBTQ+ RIGHTS IN INDIA

Cite this Article

Sneha Verma (2026). THE JOURNEY OF LGBTQ+ RIGHTS IN INDIA. The Indian Journal for Research in Law and Management, Volume III(Issue 10). Retrieved from https://ijrlm.com/journal/the-journey-of-lgbtq-rights-in-india/

Abstract

The journey of LGBTQ+ rights in India represents one of the most significant developments in the country's constitutional and human rights landscape. Although diverse gender identities and forms of human relationships have existed in Indian society for centuries, legal recognition and protection of LGBTQ+ persons emerged only through a gradual process of social awareness, activism, and judicial intervention. For many years, members of the LGBTQ+ community faced legal restrictions, social exclusion, and unequal treatment, particularly under Section 377 of the Indian Penal Code, 1860. However, the Indian judiciary played a transformative role in shifting the discourse from criminalisation to constitutional protection by recognising the values of equality, dignity, liberty, privacy, and personal autonomy. This paper examines the historical evolution of LGBTQ+ rights in India, the constitutional provisions that form the basis of their protection, and the landmark judicial decisions that have shaped the legal framework. It analyses significant cases which collectively expanded the scope of fundamental rights for LGBTQ+ individuals. The paper also discusses the Transgender Persons (Protection of Rights) Act, 2019, the debate surrounding marriage equality, and the Supreme Court's decision in *Supriyo v. Union of India. While considerable progress has been achieved, challenges relating to anti-discrimination protections, marriage rights, healthcare access, and social acceptance continue to exist. Ultimately, the study highlights that the movement for LGBTQ+ rights is a continuing effort to ensure that every individual can enjoy the constitutional promises of dignity, freedom, equality, and equal citizenship.

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The Indian Journal for Research in Law and Management
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