Under which law are the rights of the LGBTQ community protected in India?

Answer By law4u team

the rights of the LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, and Queer) community in India are primarily protected by several legal developments, including judicial decisions and legislative changes. Key milestones include: Navtej Singh Johar vs. Union of India (2018): In a historic judgment, the Supreme Court of India, in the Navtej Singh Johar case, decriminalized consensual same-sex relations between adults. The court struck down the controversial Section 377 of the Indian Penal Code, which criminalized "unnatural offenses," including same-sex relations. National Legal Services Authority (NALSA) vs. Union of India (2014): The Supreme Court, in the NALSA case, recognized the rights of transgender individuals and affirmed their right to self-identify their gender. The court directed the government to take steps to provide transgender persons with social and economic rights, including education and employment opportunities. Transgender Persons (Protection of Rights) Act, 2019: While this legislation has been enacted to protect the rights of transgender persons, it has faced criticism from some quarters for certain provisions. Activists and members of the transgender community have advocated for amendments to address concerns and ensure comprehensive protection. Various Court Decisions: Besides the specific cases mentioned, various court decisions across India have recognized and protected the rights of LGBTQ+ individuals in areas such as employment, education, and healthcare. These decisions often rely on the principles of equality and non-discrimination. It's important to note that while significant progress has been made, challenges and gaps may still exist in the full protection of LGBTQ+ rights. Additionally, legal landscapes can change, and it's advisable to stay updated on the latest developments and any amendments to existing laws. For the most current information, it's recommended to consult the latest legal resources or seek advice from legal professionals specializing in LGBTQ+ rights in India.

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