SOCIETY, LAW, AND LGBTQIA+ RIGHTS: CHALLENGES AND OPPORTUNITIES IN LEGAL FRAMEWORKS

Authors

  • Atraya. K. Trivedi PhD Scholar, AURO University, Surat
  • Dr. Baidyanath Mukherjee Advocate, AURO University, Surat

DOI:

https://doi.org/10.5281/zenodo.19976937

Keywords:

LGBTQIA Rights, Jurisprudence, Judicial Activism, Equality, Anti-Discrimination Law, Policy and Statutory Reform, Constitutional Law, Socio-Legal Analysis

Abstract

The legal recognition of the rights of the individual belonging to the LGBTQIA+ individuals has always been a subject of global debate in the contemporary world and have always been influenced by the societal norms and cultural values. This paper critically examines the legal framework governing the issues of LGBTQIA+ individuals, including the struggles they face for social existence and the discrimination in the access to the legal rights. By analysing the case laws and pivotal legislative reforms this study identifies the challenges embedded within the historical legal prototype that has been continuously controlling over the lives of the LGBTQIA+ individuals leading to engendering inequitable practices. Furthermore, this paper also assesses the opportunities that could lead to legal reforms and policy interventions which could lead to fostering a better equitable legal landscape.

This paper also leads to illuminate the prospective legal strategies and reform which could lead to recalibrating the framework according to the contemporary principles of fairness and inclusive with the constitution. The analysis advocates for a harmonized approach that leverages legal innovation to fortify protection for LGBTQIA+ individuals into our legal framework.

References

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II. Human Rights Watch (2020). LGBT Rights and Legal Reforms Worldwide.

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VI. BJP President Rajnath Singh cleared Partys stand on Homosexuality after the “supreme Court of India overturned the Delhi high court judgment which has legalized consensual private sexual acts of adult homosexuals. He said "We support section 377 because we believe that homosexuality is an unnatural act and the court does not have to legalize or illegalize such a thing͟,; pg. no.10, Hindustan times, Delhi ( 15th December, 2013)

VII. International Commission of Jurists (2007). Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.

VIII. Stychin, C. (2003). Governing Sexuality: The Changing Politics of Citizenship and Law Reform. Hart Publishing.

IX. Katyal, S. K. (2016). “The Functional Case for Laws Targeting Anti-LGBT Discrimination.” Harvard Law Review, 129(5), 1493-1535.

X. International Commission of Jurists (2007). Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.

XI. Sanders, D. (2018). “Human Rights and Sexual Orientation in International Law.” International Journal of Human Rights, 22(3), 381-405.

Additional Files

Published

01-04-2026

How to Cite

Atraya. K. Trivedi, & Dr. Baidyanath Mukherjee. (2026). SOCIETY, LAW, AND LGBTQIA+ RIGHTS: CHALLENGES AND OPPORTUNITIES IN LEGAL FRAMEWORKS. International Educational Applied Scientific Research Journal, 11(4). https://doi.org/10.5281/zenodo.19976937