Abstract

By overturning Section 377 of the Indian Penal Code partially, the Apex Court decriminalized homosexuality on September 6, 2018. It is believed that despite of this epic victory, the LGBT population in India still face numerous legislative and legal challenges that need to be addressed to provide them with complete justice and freedom. It continues to be denied equal rights in numerous areas, including marriage with one's choice, adoption of children, surrogacy, inheritance of property of one's partner, as well as the right to divorce, alimony payment, the ability to charge one's partner, and acquiring custody of children. The quest for equal rights persists in various domains, encompassing matrimonial selection, child adoption, surrogacy, inheritance of conjugal estate, divorce entitlements, spousal maintenance, the capacity to litigate against one’s partner, and the attainment of child custody. Despite these myriad endeavors, parity in these aspects remains elusive. Under various statutes such as the Employees’ Provident Fund and Miscellaneous Provisions Act , Pension Act , Workmen Compensation Act , Insurance Act and Housing Laws; non-consanguineous or non-affinal associations are not eligible for Social Security benefits. The removal of the colonial law is only one of several obstacles the LGBT community in India must face to gain legal acknowledgment of their rights. The primary objective of this research is to conduct an analysis of the apertures that exist in relation to the legal status of the LGBT community within India, specifically with respect to family laws.

Keywords