Abstract

While many countries such as Canada and much of Europe, provide comprehensive protections including marriage equality and anti-discrimination laws, other regions, particularly in Africa, the Middle East and parts of Asia, continue to criminalize same-sex relationships. This research examines the constitutional protections for gender equality, with a focus on LGBTQ+ rights in India and the world. Drawing on landmark legal developments, the research highlights key constitutional frameworks that safeguard LGBTQ+ rights, particularly focusing on equality and non-discrimination principles. In India, the decriminalization of same-sex relationships through Navtej Singh Johar v. Union of India (2018) marked a significant step toward LGBTQ+ equality. International human rights bodies, such as the United Nations, advocate for LGBTQ rights, urging member states to align their national laws with global human rights standards. This includes the decriminalization of homosexuality, legal recognition of gender identity and protection against hate crimes and workplace discrimination. Additionally, the paper analyzes the impact of religious freedom arguments, free speech, and shifting political climates on LGBTQ+ rights, particularly in conservative jurisdictions. With specific focus on nations like the U.S., UK, and Canada, the paper explores ongoing debates surrounding marriage equality, gender identity and societal stigma that hinder further progress and concludes with recommendations on how both Indian and global legal systems can address emerging challenges to build more inclusive societies.

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