Legal Status Of LGBTQ Community: In The Aftermath Of “Navtej Singh Johar V. Union Of India”

Mohd Arsh Khan, Faculty of Law, University of Delhi

ABSTRACT

This research focused on two critical aspects of LGBTQ’s rights. First, the gender specific sexual assault laws are prejudicial to the LGBTQ community and, secondly, the ongoing tussle regarding the legalization of the same sex marriage. The initial part of research has resorted to the critical legal approach and aims to investigate the plight of LGBTQ community in the aftermath of landmark judgment of Navtej Singh Johar V Union of India (2018). The author has commenced this research work by throwing light on the various grey areas that exist even after the decriminalization of S.377, such as lack of legislative remedy to tackle the cases of sexual violence against the transgender, further the hypothesis has been framed that Indian rape law fails to deliver an appropriate legal remedy to the LGBTQ community ,as, law in India is confined to the gender binary ( male and female) where always the man is perpetrator and woman is a victim and the issue of sexual violence against the LGBTQ is not taken to account by the Indian rape law, and to further, confirm this hypothesis, author has relied upon various recent news articles, law journals, official data of National Crime Record Bureau, surveys and studies conducted by National Human Rights Commission and observations of Law Commission. Thereafter, the research revolves around the crucial debate of making gender neutral rape law, and the author took into consideration the argument of both the sides of spectrum. The recent legal developments in favour of transgender have also been critically analyzed. The paper, in the second half, entails the discussion on legalization of the homosexual marriage in India, followed by the directives issued by the International Law to prevent discrimination against LGBTQ community.

Keywords: LGBTQ community, Gender-neutral rape law, same sex marriage, S.377.