THE EVOLUTION OF LGBTQ+ RIGHTS IN FAMILY LAW:ADOPTION, MARRIAGE AND PARENTHOOD
AUTHOR – MITI JAIN* & MS. SHAMBHAVI MISHRA**
* STUDENT AT AMITY LAW SCHOOL, NOIDA
** ASSITANT PROFESSOR, AMITY UNIVERSITY, NOIDA
BEST CITATION – MITI JAIN & ASST. PROF. PRIYANSHI GUPTA, THE EVOLUTION OF LGBTQ+ RIGHTS IN FAMILY LAW:ADOPTION, MARRIAGE AND PARENTHOOD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 883-891, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
The legal and judicial struggle for LGBTQ rights embodies a relentless struggle against deep-rooted discrimination, social marginalization, and legal restrictions in various jurisdictions. Judgments like Navtej Singh Johar v. Union of India and Obergefell v. Hodges have undeniably represented crucial turning points in this movement by, respectively, decriminalizing homosexuality and legalizing same-sex marriage. Nevertheless, in spite of these wins, the path to achieving complete legal equality and protection is still victories. LGBTQ individuals persistently confront systemic challenges, such as the refusal of marriage and adoption rights, widespread employment discrimination, and lasting social stigma. The legal recognition to Lesbian, Gay, Bisexual, Transgender Queer and intersex (LGBTQI+) rights in India have been into limelight in the past few years. Nonetheless, the traces can be found in both the Mahabharata and the Bible. According to the writings of the Bible, the entire practice of unnatural sex is viewed as different and acceptable in some respects. The LGBTQI+ community continues to face numerous socio-legal challenges. The courts and the government share a collective responsibility to collaborate and align their efforts to safeguard individuals’ rights and uphold their dignity. The Transgender Persons (Protection of Rights) Act, 2019 has also failed to close the gap. This paper deals with the lacuna of the Act, the possible solutions as well as the dire need to change the infrastructure in to make the LGBTQI+ community inclusive.
KEYWORDS : LGBTQ rights, homosexuality, employment discrimination, adoption rights, social marginalization, legal equality and protection