The dichotomy of the legal status of sexual minorities: a critical analysis of judicial trends across the globe and India
Smiriti Brar1, Sweenab Dutt2.
The ever-controversial issue of sexual minorities and homosexuality has remained contentious
since the very term was introduced, primarily because it has been seen as unnatural and does not correspond
with what society as well as the legal norms prevailing in the society, define as ‘normal’. It becomes
imperative to briefly examine the development of the laws governing these populations and their impact on
the societies’ evolving attitudes towards homosexual relationships and transgender, to show the progress of
the gay liberation movement and its effects on formulation of the laws in the society. Aside from the
judgment of the heterosexual world, many myths about homosexuality have been imagined. Thus, with this
backdrop on the issue at hand, the authors aspire to analyze and attempt to unveil these myths, arguing about
the welfare and protection of these classes of individuals who fight a daily battle to secure their identities in
the society we dwell in. The authors strive to comprehend the legal status of the LGBT communities across
the globe and compare their plight to that in India, to critically analyze their legal rights and interests and
ensure the level of implementation in the various regimes, to comprehend the various judicial measures that
have been undertaken to safeguard the very existence of such communities, and conclusively enunciate the
various lessons that could be learnt from the ongoing judicial trend and how the same may be put in
application considering the Indian modus operandi. The authors aim to dig deep into the concerns where
these aversions in relation to homosexuality can be reversed and the society could evolve as broad-minded,
understanding the concerns of such persons who live under the constant apprehension of being ‘found out’
and the various forms of discrimination and atrocities that they have faced and are still facing under the
present Indian legal regime.
Affiliation:
- Indian Law Institute, India
- National Law School of India University, India
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