Parenting Rights of the LGBTQ+ Community: A Critical Introspection of the Legal Framework in India

  • Riya Jariwala and Sheetal Kiri
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  • Riya Jariwala

    LLM student at Symbiosis Law School, India

  • Sheetal Kiri

    LLM student at Symbiosis Law School, India

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Abstract

The LGBTQ+ have long struggled to realise their rights across the globe. Until the historic judgement of Navtej Singh Johar vs. Union of India, the Indian Penal Code was used a vehicle for meting out discrimination towards members of the LGBTQ+ community. The Decriminalisation of Section 377 paved way for the recognition of the LGBTQ+ community as a third gender. However, the members of LGBTQ+ community have been deprived from many basic human rights as available to other members of the society which restricts their right to lead a family life akin to any other person. Traditional practices of adoptions and Technological advancements such as surrogacy and IVF have made it possible for any individual to realise his desire of founding a family. However, laws in India have created barriers for members of the LGBTQ+ community to reap the benefits of this scientific progress. The discourse on the rights of the LGBTQ+ community with respect to their Parenting rights is almost silent and needs to be brought to the forefront as this is one of the pre-requisites and should be a matter of choice. This research article attempts at introspecting the laws in India with respect to the Parenting rights of the LGBTQ+ community while tracing the historical origins and the International principles and practices in this regard.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 1465 - 1477

DOI: https://doij.org/10.10000/IJLMH.11617

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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