A LEGAL JUDICIAL STRUGGLE FOR LGBTQ RIGHTS VIS-A-VIS CURRENT CHALLENGES OR INJUSTICES
AUTHOR – DEEPIKA SAHU* & MS. SHAILJA KHOSLA**
* STUDENT AT AMITY LAW SCHOOL, NOIDA
** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, NOIDA
BEST CITATION – DEEPIKA SAHU & MS. SHAILJA KHOSLA, A LEGAL JUDICIAL STRUGGLE FOR LGBTQ RIGHTS VIS-A-VIS CURRENT CHALLENGES OR INJUSTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 327-337, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
The legal and judicial fight for LGBTQ rights has been a relentless fight against legal restriction, marginalization, and discrimination everywhere. The fight for full legal equality is still ongoing, even in light of landmark rulings like Navtej Singh Johar v. Union of India and Obergefell v. Hodges, which legalized homosexuality and same-sex marriage. LGBTQ people still have to deal with a variety of issues, such as societal stigma, job discrimination, and the denial of adoption and marriage rights.
Using international human rights texts, legislative reforms, and court rulings, this study critically examines the evolution of LGBTQ rights. It explores contemporary topics such as hate crimes, gender identity legalization, and the legal status of cultural and religious considerations. The best practices and legal protection gaps are identified through comparative analysis between India, the US, the UK, and European nations. The report ends with policy recommendations to support judicial activism, legalize same-sex marriage, offer access to healthcare that is gender affirming, and strengthen anti-discrimination laws. It suggests a rights-based strategy for LGBTQ legal reforms that upholds the dignity and substantive equality of all people, irrespective of their gender identification or sexual orientation.
KEYWORDS : LGBTQ rights, legal challenges, discrimination, decriminalization, gender identity, human rights, anti-discrimination laws, hate crimes, workplace equality, adoption rights, legal recognition, constitutional rights, policy reforms, comparative analysis, judicial activism, international law, LGBTQ protections, social stigma.