Abstract Panel


Authors Information
SequenceTypeName TitleFirst NameLast NameDepartmentInstitute / Affiliation
1 Author Ms. Bhumika Pardesi Law PhD. Candidate at SLS, Pune
2 Author Ms. Mehak Sethi Law PhD Candidate at USLLS, GGSIP University
Abstract Information
TrackID
:
IUAES23_ABS_G1144
Abstract Theme
:
PT148 - Gender Indentities and Continuites
Abstract Title
:
LGBTQ Community: Oscillating between the poles of social and legal lacunae
Short Abstract
:
The traditional definition of family as a stable unit consisting of a mother, father, and their children is no longer adequate in today's socio-legal environment, as it fails to account for the existence of LGBTQ individuals. Members of the queer community often find themselves caught between social norms and legal limitations, which prevent them from obtaining recognition and marriage rights. Legal and social gaps have created a situation where being single can infringe upon the constitutional principles of justice, equity, and conscience. This paper seeks to identify the shortcomings in the current socio-legal framework that prevent the recognition of queer individuals and proposes ways to address these gaps in legislation while combating social prejudice.
Long Abstract
:

The conventional usage of the term “family” both in the legal jurisprudence and in social parlance, conveys the idea that it refers to a single, stable unit consisting of a mother, a father and their offspring. In the current socio-legal setting, this assumption seems to be flawed, owing to the fact that this strict compartmentalization of the familial structure renders the members of the LGBTQ community insignificant. The people who identify themselves as members of the queer community often find themselves swinging back and forth between the socially accepted norms of a “conventional family” and the legal void of their recognition. While on one hand the moral turpitude of Indian social terrain brackets sexual intercourse before marriage as a taboo, on the other hand we recognise consensual sexual intercourse between members of the same sex and yet blackball their right to marry. It is not fair to use the text of the law as a weapon against non-traditional families. Singlehood, as a result of legal and social lacunae hammers the anvil of constitutional tenets of justice, equity and good conscience. Thus, the nucleus of the paper aims to magnify the deficiencies in the current socio-legal regime by identifying the roadblocks placed in the paths of the queer community to palliate their singlehood. The researchers aim to suggest the modus operandi to fill in the void in our legislative framework, that would not only extend them legal recognition, but also disentangle the social prejudice. This article is a tool to enlighten the readers about the missing pieces in the jigsaw puzzle of the constitutionally promised norms of equality.

Abstract Keywords
:
Singlehood, Equality, LGBTQ rights