Author: Sonali Yadav, Asian Law College
To the Point
The LGBTQ+ community basically refers to such groups of individuals which are defined as Lesbian, Gay, Bisexual, Transgender, Queer and other (asexual, pansexual, non-binary and more). This community continuously deals with the several kinds of discrimination, violence, and invisibility not only in India but also in other countries for years. They have to face challenges due to their diverse gender identities and sexual orientations. In the last few years, there have been significant legal reforms done for this community for societal acceptance. However, there are still several challenges faced by them due to cultural and legal inequities.
Abstract
Despite increasing awareness globally for the equal rights to every individual including LGBTQ+ community, they are continuously facing widespread discrimination, marginalization, and social exclusion, etc. This article examines all the difficulties experienced by this community such as social stigma, legal inequalities, workplace discrimination, mental health issues and limited health care issues. In several parts of the country, cultural taboos and punitive laws exacerbate the community’s vulnerability, especially among transgender and non-binary individuals. Due to the analogy of gender, sexuality, caste, race and class somehow strengthens these challenges all over the world. As several laws have been made in terms of legal recognition and civil rights in few nations, slight progress has been found nowadays but systematic barriers remain pervasive. This article focuses on the need of several inclusive policies, education and social change to promote dignity, equality and justice for all individuals, regardless of gender identities and sexual orientation.
Use of Legal Jargon
In India
Decriminalisation of Homosexuality- Section 377 of the Indian Penal Code was decriminalised in 2018 which previously criminalised “carnal intercourse against the order of nature” which means unnatural offences, including same-sex intercourse.
Recognition of Transgender Rights- In this, the transgender i.e., LGBTQ+ community has given the right of recognition as a third gender in the society. The principle emphasized on the self-identification of the third gender in the socially and legally accepted by the others as well.
Transgender Persons (Protection of Rights) Act, 2019- It prohibits the discrimination faced by the third gender in education , employment, healthcare, and access to public services.
Same-Sex Marriage and Civil Unions- This topic creates controversy in India, whether same-sex marriage should get the legal recognition in India or not. Currently, there is no law that allows the same sex marriage in India.
In United Kingdom
Equality Act, 2010- This Act protects this LGBTQ+ community against any kind of discrimination based on gender and sexual orientation. It applies in several areas like employment, education, housing and other public services. It aims to ensure equal treatment to this community and socially and legally accepted by the society.
Marriage (Same-Sex Couples) Act, 2013- The provisions in this act legalizes the same-sex marriage in England and Wales. After this same-sex couple can marry and enjoy their rights just like other individuals.
In Canada
Civil Marriage Act, 2005- It legalizes marriage between the same-sex couples and becomes the fourth nation in all over the world to do so. After the enactment of this act, same-sex or homosexual couples can also enjoy all the rights like other hetrosexual couple including adoption as well.
Canada Human Rights Act- The provisions in this act prohibits any kind of discrimination among the LGBTQ+ community related to housing, employment, and public services on grounds of gender identity and sexual orientation.
Gender Identity and Expression Rights- After this bill was added to the Canadian Human Rights Act and Criminal Code about gender identity and expression for the LGBTQ+ community. This is added to protect the transgender and non-binary individuals from any kind of discrimination faced by them including hate crimes.
In South Africa
Constitutional Provisions- In Section-9 of the constitution of South Africa prohibits any kind of discrimination to the LGBTQ+ community based on gender identity and sexual orientation. South Africa was the first nation to protect the rights of this community in its constitution.
Civil Union Act, 2006- In this act, it legalizes the marriage between the same-sex couples and allows them to enjoy all the rights just like the opposite- sex couples.
The Proof
Pew Research Center (January, 2025)- This survey is done in the United States which finds some progress in the treatment of the LGBTQ+ community in the nation, including a sense of feeling that says acceptance will continue to grow for them. It also highlights the discrimination experienced by the transgender adults. This survey shows that around 61% of LGBTQ+ adults are accepted for people who are Gay or Lesbian. But the people who are non-binary or transgender get the acceptance at very less ratio or percentage as 14% and 13% respectively. They say that today there is more acceptance in comparison with 10 years ago and expected to be more accepted in the next 10 years from now.
Indian Journal of Health & Social Work (2023)- This journal highlights the challenges faced by the LGBTQ+ community as same-sex relationships have been de-criminalized but still they have to face a lot of discrimination, stigma and everyday life. This study shows how this community faces discrimination in healthcare by staff,lack of facilities, mental health implications. LGBTQ+ individuals experienced depression rates 6-12 higher than the general people.
Case Laws
Navtej Singh Johar vs. Union of India (2018)
Case Summary- This is a landmark case of section-377 of the Indian Penal Code, 1860 (IPC). The issue in this case originated in the case of Naz Foundation v. Govt. of N.C.T. of Delhi (2009), where the section-377 of IPC was held unconstitutional by the Delhi High Court. Later on, the Supreme Court held that the section-377 of the IPC partially unconstitutional observing it as violative of Article 14, 19 and 21 of the Indian Constitution.
Sreeja S. vs. Commissioner of Police (2018)
Case Summary- This was the landmark case related to the same-sex relations between the couples and their personal liberty. In this case, the petitioner Sreeja S. filed a habeas corpus petition before the Kerala High Court for the release of her woman partner named Aruna, who was allegedly being detained by her family. The Kerala High Court ruled that two adult individuals of the same-sex have the right to live together.
Supriyo vs. Union of India(2023)
Case Summary- In this case, the provision of Special Marriage Act, 1954 was challenged by the petitioner. The petitioner contended that this provision limits the scope of marriage to hetrosexual relationships, and violates their fundamental rights to equality, non-discrimination, privacy, and dignity. The Apex Court held that the right to marry is not a fundamental right but it seems to be contradicting with the other existing principles.The court’s attempt to maintain a balance between the rights of the LGBTQ+ community and the limitations of its own institutional role.
Conclusion
The challenges faced by the LGBTQ+ community in India and all over the world which affect their well-being, safety, and equality. As there have been a lot of changes and laws made for the betterment of this community so that there would be no discrimination faced by them and they can also enjoy all the rights like other individuals, they are continuously experiencing discrimination, stigma, and marginalization.The challenges faced by them are different from challenges faced by the other gender identity or sexual orientation. It is really difficult for them to survive as other people don’t consider them as human beings and their basic human rights have been violated several times. In order to curb these challenges, a comprehensive approach is required which includes education, advocacy, support, and inclusivity. By taking an initiative altogether, when we promote greater understanding, acceptance, and equality for this community then they can be accepted worldwide.
FAQs
What is LGBTQ+ community ?
Ans- The LGBTQ+ community means Lesbian, Gay, Bisexual, Transgender, Queer, + represents the other sexual orientations like asexual, pansexual, non-binary, and many more.
Are there LGBTQ+ people all over the world ?
Ans- Yes, LGBTQ+ people are found in every country, among all ethnic and social groups.
How are sexual orientation and gender identity determined?
Ans- There is no such study or research that shows the exact reason due to which sexual orientation develops. Experts agree that all aspects of sexuality are due to a combination of genetic, biological, psychological and social factors.
Is there any way to alter a person’s sexual orientation and/ or gender identity?
Ans- No, a sexual orientation and/or gender identity cannot be changed as it is not a mental disorder that can be cured or changed by any method. Any attempts to change someone’s sexual orientation can cause severe trauma which also involves violation of human rights as well.
References
https://www.drishtiias.com/daily-updates/daily-news-editorials/lgbtq-rights-in-india-the-supreme-court-s-verdict
https://www.pewresearch.org/social-trends/2025/05/29/the-experiences-of-lgbtq-americans-today/
https://timesofindia.indiatimes.com/readersblog/xpresblogs/lgbtqia-and-their-situation-in-india-44668/
https://www.thetrevorproject.org/blog/the-trevor-project-publishes-new-50-state-report-on-lgbtq-youth-mental-health-suicide-risk-amp-access-to-support/#:~:text=March%205%2C%202025%20%E2%80%93%20Today%2C,50%20states%2C%20Puerto%20Rico%2C%20and
