Deconstructing the concept of Otherisation in the light of LGBTQ+ Rights in India

Komal Singh

Deconstructing the concept of Otherisation in the light of LGBTQ+ Rights in India

Author(s)	Ms. Komal Singh
Country	India
Abstract	LGBTQ+ rights in India have undergone significant constitutional and legal development over the past two decades; however, the queer community continues to experience marginalisation and social exclusion through processes of otherisation. Homosexuality continues to be associated with social stigma through which the queer community has historically been constructed as the “Other”. The conventional social norms often regard identities and relationships that fall outside binary conceptions of sex and gender as abnormal or deviant. The study adopts a doctrinal approach to trace the evolution of queer rights since ancient India through an evaluation of scriptures, temple architecture, mythological references and Hijra tradition. The study critically assesses the British colonial laws inspired by Victorian morality and anti-queer notions. This research paper critically examines the constitutional evolution of LGBTQ+ rights through landmark judgments including Naz Foundation v. Government of NCT of Delhi (2009), Suresh Kumar Koushal v. Naz Foundation (2013), followed by the transformative judgments in National Legal Services Authority v. Union of India (2014), Justice K.S. Puttaswamy v. Union of India (2017), Navtej Singh Johar v. Union of India (2018). It also examines the decriminalisation of consensual same-sex relations under Section 377 of the Indian Penal Code and the subsequent omission of the provision from the Bharatiya Nyaya Sanhita, 2023 (BNS), particularly the resulting concerns regarding the legal protection available against non-consensual sexual offences involving male victims. These decisions have collectively expanded the scope of Articles 14, 15, 19, and 21 of the Constitution by recognising equality, dignity, privacy, autonomy, and self-identification. However, significant gaps remain in the legal framework to give proper recognition and protection to the queer community. The issue therefore extends beyond the protection of individual rights to the recognition and protection of individual identity and dignity. The paper argues for gender-neutral laws in India to address socio-economic and political inequalities arising from discrimination based on gender and sexuality.
Keywords	LGBTQ+ rights, Otherisation, Deconstruction, Constitutional Equality, Substantive Equality, Social Exclusion, Gender Identity, Decriminalisation, Institutional Discrimination.
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 5, September-October 2026
Published On	2026-10-22

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Deconstructing the concept of Otherisation in the light of LGBTQ+ Rights in India

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