Abstract

After the decision of Hon’ble Supreme Court in Suresh Kumar Kaushal v. Naz Foundation where court set aside the order of High Court by terming same section relationship illegal court focuses its idea by saying that Section 377 does not violate Article 14, 19 and 21. Through this research, researcher will trying to analyze the effectiveness of section 377, how is it being implemented on ground level, various issues and challenges faced by LGBT’s faced in India despite of certain laws in their favor and give some recommendations for better implementation of laws and protection of gay-rights as human rights if needed. LGBT has become a widely accepted designation for minorities based on sexual and gender orientation. All members of these subgroups are subject to similar prejudices rooted in beliefs and traditions about sexuality and gender. LGBT people, as members of a social minority group, are suffering from various forms of socio-economic and cultural injustice. The lacks of social recognition has an effect on the capacity of LGBT people to fully access and enjoy their rights as citizens. They are more likely to experience intolerance, discrimination, harassment, and the threat of violence due to their sexual orientation, than those that identify themselves as heterosexual. Highlighting some major problems faced by LGBT people in India is the theme of this article.

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