FROM MARGINS TO MAINSTREAM: TACKLING THE NEGLECT OF LGBTQ+ COMMUNITIES IN INDIA

Abstract

This paper examines the evolving legal and social landscape concerning LGBTQ+ communities in India, tracing their historical marginalization and recent strides toward legal recognition. It explores the colonial legacy of Section 377 of the Indian Penal Code, the landmark judicial interventions—including Navtej Singh Johar v. Union of India and NALSA v. Union of India—and legislative measures such as the Transgender Persons (Protection of Rights) Act, 2019. Despite these advancements, the LGBTQ+ community continues to face systemic neglect manifested through social stigma, inadequate anti-discrimination protections, lack of marriage equality, and barriers in healthcare and law enforcement. The analysis emphasizes the intersectional nature of marginalization and underscores the critical role of civil society in advocacy and support. The paper concludes with policy recommendations aimed at ensuring comprehensive legal protection, social inclusion, and mainstreaming of LGBTQ+ rights in India, aligning with constitutional guarantees of equality, dignity, and freedom.