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Constitutional Conquest - Disgrace Remains | Original Article

Amulya Nigam in Shodhaytan (RNTUJ-STN) | Multidisciplinary Academic Research


India has now become a member of 17th Common Wealth Nations who decriminalized homosexuality. This worldwide controversial topic arose in India after the judgment of 2009, 2013 and 2016 given by the High Court of Delhi and Supreme Court which brought several mental changes in the humanity.  The landmark judgment was given by the India’s highest court of justice that decriminalizes consensual gay sex, which concluded in the victory of a big fight, which was being fought since an era. The verdict of the court was a major milestone for LGBT community. I have chosen a provocative adjective in the title to draw your attention and stimulate your concern. Even being minority in country this community enjoys no such privileges which they should be given to them as citizens of the country. They have suffer a lot which makes them fall in the category of marginalised people in India as they are also deprived of their basic rights of life such as marriage, cohabitation with partner without any interference and many others. The basis of this research work lies in the circumstantial development and to uplift this community. The next major step to be taken for the welfare of LGBT community is to bring rules and regulations related to marriage, property rights and joint banking and insurance services, so they accept there is a long battle to face in upcoming years. The lack of social recognition has an effect on the capacity of LGBT people to access and accept themselves as the citizens of the country so far. The inequalities include isolation, social discrimination, and negative mental and physical health and many more, which finally cause them to face separation from this growing society. It has always been a debateable topic that either these people will get their rights or they will stand at the back. The complimentary part of the study is to help minority community to get an identity amongst the majority in the society. This research paper examines various stages of fight to get the real victory and the challenges which are being faced by the community members despite the legal victory