Changing Landscapes: Societal Shifts And Transformative Legal Milestones For The LGBTQ

Aditi Pande, Maharashtra National Law University, Aurangabad

ABSTRACT

The recognition of the LGBTQIA++ community has been a revolutionary and transformative socio-legal issue in the 21st century. The community has been a topic of debate for the ongoing struggle for inclusivity, equality, and justice in an era marked by increasing recognition of diverse identities and rejection of discriminatory practices. Recently, the verdict pronounced on 17th of October 2023, the Supreme Court of India ruled denying legal recognition to same-sex marriages by a 3:2 majority and devised it upon the Parliament to decide the legality of the same. In light of the dramatically changing panorama of LGBTQIA++ rights worldwide, this research paper aims to provide a comparative analytical approach to the community’s dynamics across various nations, anchored in a three-fold exploration of jurisprudence, history, and contemporary approaches. The jurisprudential aspect of this research forms the basis for describing and comparing the standing of the community. Drawing insights from landmark cases and legislative debates, it offers a nuanced understanding of the crucial role played by them in the development and protection of same-sex rights. Furthermore, retracing the historical narratives shall help to unearth the times of systemic prejudice and discrimination to breakthrough of progressive change. Whereas in the contemporary sphere, the research shall delve into the present-day approaches, public opinionated trends and the policies drafted appertaining to the issue.

Keywords: LGBTQIA++ Community, same-sex rights, Socio-legal issue, Comparative analysis, Jurisprudential, historical and contemporary approaches.