Exploring Lgbtq+ Equality in India: A Comprehensive Examination from Anthropological and Legal Perspectives

Posted: 19 Sep 2024

See all articles by Dr. Lovepreet Kaur

Dr. Lovepreet Kaur

Brock University - Faculty of Social Sciences; York University - Osgoode Hall Law School

Date Written: November 27, 2023

Abstract

This research paper meticulously traces the historical trajectory and contemporary landscape of LGBT rights in India, comprehensively examining legislative advancements, pivotal judicial rulings, and societal par- adigms. It underscores the paramount importance of prioritizing human rights over entrenched societal norms, particularly in the context of including trans- gender individuals as equal and integral members of society. The imposition of stringent moral standards has historically curtailed freedom of choice and expres- sion, disproportionately impacting the marginalized queer community. This study endeavors to explore the multifaceted evolution of LGBT rights within historical contexts and assesses the practical accessibility of these rights as guaranteed by Constitutional Law, case law, and other pertinent legislations. Through a nuanced analysis, this research scrutinizes the extent to which societal perceptions, cultural shifts, and policy changes have influenced the inclusion and acceptance of the LGBT community. Additionally, it aims to illuminate persisting issues that continue to be disregarded or inadequately addressed, including healthcare dispar- ities, socio-economic inequalities, and cultural stigma.

Suggested Citation

Kaur, Lovepreet, Exploring Lgbtq+ Equality in India: A Comprehensive Examination from Anthropological and Legal Perspectives (November 27, 2023). Sexuality, Gender & Policy, volume 7, issue 2, 2024 [10.1002/sgp2.12092], Available at SSRN: https://ssrn.com/abstract=4933292

Lovepreet Kaur (Contact Author)

Brock University - Faculty of Social Sciences

1812 Sir Isaac Brock Way
St. Catharines, Ontario L2S 3A1
Canada

York University - Osgoode Hall Law School

Ignat Kaneff Building
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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