In conclusion, he underscored that the conventional arguments against LGBTQIA+ rights are steeped in cultural, religious, or traditional perspectives, often neglecting the fundamental principles of equality and non-discrimination.
Justice Krishna Kumar remarked that India still has a long way to go in ensuring the right to equality and the right to life and personal liberty of the queer community.
“The very existence of queer people challenges the systemic and structural biases deeply rooted in the cisnormative, heteronormative Indian society. The lack of adequate legislation and anti-discrimination laws has prevented any progress from the Navtej judgment of the Supreme Court,” he added.
Within legal frameworks and human rights discourse, the advocacy for LGBTQIA+ rights are firmly rooted in the pursuit of equitable treatment under the law that transced considerations of sexual orientation or gender identity, Justice Krishna Kumar highlighted.
According to him, approaching these discussions necessitates sensitivity and the acknowledgment of the diversity of perspectives shaped by individual beliefs, cultural contexts, and legal frameworks.
“Nevertheless, international human rights standards increasingly promote the notion that all individuals, regardless of their sexual orientation or gender identity, should receive equal treatment and protection of their rights,” he added.
Source: Barandbench
