Protective and Regulatory Framework for the LGBTQI+ Community in India: A Contemporary Legal and Social Analysis

Abstract

The vision of Viksit Bharat 2047 positions India’s developmental trajectory within a framework of constitutional morality, inclusive growth, and rights-based governance. This research examines why comprehensive knowledge of the protective and regulatory architecture governing LGBTQI+ persons is indispensable to that national agenda. The paper argues that no nation can attain full social or economic development while marginalising any segment of its population, particularly gender and sexual minorities who continue to experience systemic barriers in employment, housing, education, and healthcare. Understanding landmark constitutional jurisprudence—including NALSA v. Union of India, Navtej Singh Johar v. Union of India, and Puttaswamy—alongside the Transgender Persons (Protection of Rights) Act, 2019, becomes critical for ensuring administrative accountability, legal compliance, and uniform rights enforcement across institutions. Further, drawing on Amartya Sen’s capability approach, the study explains how recognition of LGBTQI+ rights expands human potential, fosters creativity, and enhances democratic participation, all of which are central to the demographic and economic ambitions of Viksit Bharat.

The analysis also situates India within a comparative global landscape, noting that long-term competitiveness requires alignment with international human-rights norms. Finally, the paper emphasises that social cohesion, fraternity, and constitutional values—essential pillars for a stable and developed India—depend on informed citizenship and widespread awareness of LGBTQI+ rights. The study concludes that LGBTQI+ legal literacy is not peripheral but foundational to achieving a progressive, just, and inclusive Viksit Bharat 2047.

Keywords:- LGBTQI+ Rights; Viksit Bharat 2047; Constitutional Morality; Transgender Act 2019; Capability Approach; Inclusive Growth; Human Rights Governance