Advanced International Journal for Research

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LGBTQ+ Rights and Protection in India: A Critical Analysis of Criminal Justice Responses and Institutional Barriers

Author(s) Lovepreet Kaur, MS. Gayatri
Country India
Abstract Due to progressive court judgments and development of constitutional interpretation, the status of LGBTQ+ rights has gradually been changing in India, with courts applying principles of equality, dignity and liberty to concepts of sexual orientation and sexual identity in their judgments. Despite these developments, the level of practical protections for LGBTQ+ persons remains low in most areas, particularly in the criminal justice system.
In this article, the criminal justice system in India regarding crimes against the LGBTQ+ community is discussed. It is claimed that despite legal and social recognition of rights of LGBTQ+ persons, discrimination, stigma and bias prevail in everyday life. Police forces are not sensitized. Police harassment, abuse of power and denial of lodging complaint are common when the complainant is an LGBTQ+ person. Many cases of violence and abuse go unreported as a result.
The report also identifies specific institutional barriers, including the absence of thorough anti-discrimination laws, ineffective policy implementation, lack of understanding by legal and administrative authorities, and social attitudes that influence institutional dynamics. It highlights the impact of these barriers on the access to justice for marginalized groups.
The law provides a useful framework, but in the absence of enforcement and institutional accountability, these gains are unlikely to be realized. Efforts will need to be made, jointly with legislative reforms, to ensure greater awareness and sensitization within the criminal justice system and ultimately greater acceptance within society of LGBTQ+ peoples.
We need to keep working to close the gap between legal rights and how they are actually put into practice. To protect the rights and dignity of LGBTQ+ people in India, it is important to make sure they are treated fairly, that institutions respond better and that society accepts them more.
Keywords LGBTQ+ rights, constitutional interpretation, equality and dignity, criminal justice system, police sensitization, discrimination, institutional barriers, access to justice, anti discrimination laws, social stigma, legal enforcement, India, human rights, legal protection, and policy implementation.
Published In Volume 7, Issue 3, May-June 2026
Published On 2026-05-09
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