The Tightrope Of Identity: LGBTQ+ Rights And Social Realities In India

In 2018, the Supreme Court of India decided a historic decision called Navtej Singh Johar v. The Union of India case represents a significant milestone in the evolution of constitutional law and the protection of human rights within the Indian legal framework. The ruling not only invalidated the antiquated Section 377 of the Indian Penal Code but also established the precedence of constitutional ethical standards over the prevailing social norms that had dominated for an extended period. This research examines the trajectory of LGBTQ+ rights in India in the aftermath of this ruling. It asserts that while the groundwork for the legal and moral framework of equality was established by Navtej Singh Johar, the period following 2018 has been marked by a complex and challenging endeavour to broaden this framework from the internal realm of decriminalization to the external domain of affirmative civil rights. Subsequently, the research explores a detailed examination of subsequent developments, including significant legal battles concerning marriage equality, the legislative response embodied in the Transgender Persons Act, and the evolving case law, ultimately leading to recent judicial and policy measures enacted in 2025. This paper concludes that the current post-Navtej landscape reveals a judiciary grappling with the ramifications of its own precedents, facing the challenge of ensuring that the promise of dignity and equality extends beyond mere existence to encompass full, participative citizenship. It is to be noted that the LGBTQ+ journey in India is not a straight line from oppression to freedom, but rather an ongoing balancing act where every step forward is a struggle to address both constitutional rights and sociocultural constraints.