Last year, the Indian Supreme Court in its much celebrated verdict in Navtej Johardecriminalised same-sex relationships by reading down Section 377 of the Indian Penal Code. This came a few years after the Supreme Court’s landmark decision in NALSA where it recognised the constitutional rights of transgender persons.
Read together, both judgments lay down strong foundations for the equal citizenship of LGBT+ persons. However now a year after Navtej Johar and almost five years since NALSA, equal citizenship remains a distant reality for the community.
This is quite visible in Indian laws. Ranging from laws that recognise one’s identity and protect against discrimination at the workplace to legal provisions regulating the family and providing remedies for sexual offences, exclusion of the LGBT+ community is striking.