Abstract

The decriminalization of consensual same-sex relationships through the landmark 2018 judgment that read
down Section 377 of the Indian Penal Code was hailed as a significant victory for LGBTQIA+ rights in India.
However, this legal milestone has not fully translated into substantive equality in everyday life. This paper
explores the dichotomy between formal legal recognition and lived realities of the LGBTQIA+ community in
post-Section 377 India, focusing on persisting legal loopholes, evolving judicial trends, and deep-rooted
societal perceptions. Despite progressive judgments and increasing visibility, the absence of comprehensive
anti-discrimination laws, marriage and adoption rights, and institutional safeguards continues to hinder full
inclusion. Furthermore, judicial activism has at times been inconsistent, reflecting a cautious approach
toward recognizing queer rights beyond decriminalization. Societal attitudes, shaped by entrenched cultural
and religious beliefs, often resist these changes, reinforcing marginalization. Through a multidisciplinary lens,
this study highlights the urgent need for cohesive legal reforms, sensitization initiatives, and inclusive policy
frameworks to bridge the gap between legal equality and social justice for LGBTQIA+ individuals in India.