Exploring LGBTQ+ equality in India: A comprehensive examination from anthropological and legal perspectives

Abstract

This research paper meticulously traces the historical trajectory and contemporary landscape of LGBT rights in India, comprehensively examining legislative advancements, pivotal judicial rulings, and societal paradigms. It underscores the paramount importance of prioritizing human rights over entrenched societal norms, particularly in the context of including transgender individuals as equal and integral members of society. The imposition of stringent moral standards has historically curtailed freedom of choice and expression, disproportionately impacting the marginalized queer community. This study endeavors to explore the multifaceted evolution of LGBT rights within historical contexts and assesses the practical accessibility of these rights as guaranteed by Constitutional Law, case law, and other pertinent legislations. Through a nuanced analysis, this research scrutinizes the extent to which societal perceptions, cultural shifts, and policy changes have influenced the inclusion and acceptance of the LGBT community. Additionally, it aims to illuminate persisting issues that continue to be disregarded or inadequately addressed, including healthcare disparities, socio‐economic inequalities, and cultural stigma.