Abstract
This paper attempts to examine and critique the effectiveness of basic rights provided to homosexuals as one of the most vulnerable section of the Indian population. What the researcher intends to examine in this paper is whether the right provided under the Constitution of India are violated by the State insofar as homosexuals are concerned. The first part of the paper draws out the argument regarding the State’s inability to fulfil the conditions of being a rights-based society. The researcher will then move on to establish that homosexuals are forced to go underground and operate according to an informal legal system. This research paper aims to primarily dwell upon Dworkin’s theory of dynamic jurisprudence and go on to analyse the inability of the Indian legal system to fulfil the criteria of a right based society.
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