Recognizing the Existence: Analyzing the Rights of LGBTQ Community in India

The legal issue pertaining to criminalization of homosexuality has been eradicated by scrapping down section 377 of IPC through the consistent and sincere efforts of several NGOs, activists and organisations. What about the after-math repercussions? An issue concerning legal recognition of lesbians and Gays, along with de-criminalization, was never brought before the judicial authorities through a petition. Patently, this very move of de-criminalization of Section 377 is remarkable but at the same is not the only fallout. There is a necessity to look upon some emerging homologous issues like “Right to form a Family”, irrespective of any other gender specification. The challenge lies before the personal laws, that shepherds a way for two heterosexual people to enter into a legal matrimonial institution. Why do these laws still be at leisure within the vicinity of heterosexuals and discourteously prohibits the entry of homosexuals? If such is the conservativeness and standardized belief, shouldn’t the genesis of these traditional norms and accepted culture or religion be looked into? On what norms were these laws framed? Considering this issue, there is a prima facie need to modify the term “legal family” by widening its scope. Before going towards that step, leniency, openness, empathy and sensitivity are the important aspects to be anticipated and then analyze the reason behind debarment of homosexuals in the traditional definitions. It is equally important to focus on the minuscule towards granting extravagant significance to heterosexuals and putting the weight of patriarchy on a higher end. Hence this paper looks into the aspects that demands for the amendment in the existing law system or swipe towards the formulation of separate laws and policies, granting them a legal right to marry.