Volume I, Issue I

August 2020

Page 20

Long Article

A domain beyond the stereotypical barriers: Extending rights to the LGBTQ+ community

Arijit Sanyal*

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The Constitution, being a living document, has rights enshrined under it that are subject to evolution with social changes. Article 21 has been a brilliant example of constitutional evolution ever since the Maneka Gandhi case. The Supreme Court gave a ray of hope to the LGBTQ+ community when it decriminalised sexual activities ‘against the order of nature’ between consenting adults. This move, however, was not met with protective legislation by the government of India. The paper, while giving an overview of the stigma against the LGBTQ+ community, has analysed protective legislations in the Commonwealth countries to provide a wider interpretation of the right to life of the community members. This paper also analyses the situation of queer groups and the legislative approach undertaken to normalise their affairs, and to extend the rights to those groups, as are available to others. A comparative analysis has also been drawn between legislations in different Commonwealth countries and how India can benefit from the laws of similar nature.

* Student, B.A.LL.B. 3rd Year, New Law College, Bharati Vidyapeeth (Deemed to be University), Pune

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