How does the Indian constitution protect the rights of the LGBTQIA+ community What are the challenges faced by them in implementing these provisions
Discuss the legal framework that safeguards the rights of the LGBTQIA+ community in India and the social, political, and economic challenges faced by them in asserting their rights.
The Indian Constitution protects the rights of the LGBTQIA+ community by prohibiting discrimination based on sexual orientation and recognizing the right to privacy. The landmark Navtej Johar judgment by the Supreme Court in 2018 decriminalized homosexuality and recognized the rights of LGBTQIA+ individuals. However, challenges remain in implementing these provisions, including social stigma and discrimination, lack of access to healthcare, education and employment opportunities, and marginalization based on gender identity and sexual orientation. A legal framework that safeguards the rights of the LGBTQIA+ community in India includes the Right to Life and Personal Liberty, Right to Equality, and Right to Freedom of Expression under the Constitution. However, social and economic challenges, including lack of awareness, insufficient representation in public institutions, and limited socio-economic opportunities, make it difficult for the community to assert their rights effectively.
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