International Journal of Social Science & Economic Research
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Title:
LEGAL IMAGINATIONS AND LEGAL REALITIES: REVIEWING GENDER-BASED VIOLENCE AGAINST LGBTQ INDIVIDUALS POST THE 2019 NAVTEJ SINGH JOHAR JUDGEMENT

Authors:
Gaurangi Gyanesh Singh

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Gaurangi Gyanesh Singh
Delhi Public School, R.K. Puram

MLA 8
Singh, Gaurangi Gyanesh. "LEGAL IMAGINATIONS AND LEGAL REALITIES: REVIEWING GENDER-BASED VIOLENCE AGAINST LGBTQ INDIVIDUALS POST THE 2019 NAVTEJ SINGH JOHAR JUDGEMENT." Int. j. of Social Science and Economic Research, vol. 4, no. 10, Oct. 2019, pp. 6469-6474, ijsser.org/more2019.php?id=499. Accessed Oct. 2019.
APA
Singh, G. (2019, October). LEGAL IMAGINATIONS AND LEGAL REALITIES: REVIEWING GENDER-BASED VIOLENCE AGAINST LGBTQ INDIVIDUALS POST THE 2019 NAVTEJ SINGH JOHAR JUDGEMENT. Int. j. of Social Science and Economic Research, 4(10), 6469-6474. Retrieved from ijsser.org/more2019.php?id=499
Chicago
Singh, Gaurangi Gyanesh. "LEGAL IMAGINATIONS AND LEGAL REALITIES: REVIEWING GENDER-BASED VIOLENCE AGAINST LGBTQ INDIVIDUALS POST THE 2019 NAVTEJ SINGH JOHAR JUDGEMENT." Int. j. of Social Science and Economic Research 4, no. 10 (October 2019), 6469-6474. Accessed October, 2019. ijsser.org/more2019.php?id=499.

References

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Abstract:
There exists a difference between case laws and the actual practice and implementation of these changes and reforms since the time of the Navtej Singh Johar vs. Union of India judgment in 2018. There continue to be multiple incidences of gender-based violence towards the LGBTQ populations since the cases in New Delhi as well as other parts of India, which have been documented in various ways. This includes a direct link of moral policing and justification for the same in the name of tradition or "culture" which hints at a larger necessity for societal reform. This, one can consider, was discussed by Justice Dipak Misra as a matter that needed constitutional morality that needed to be learned, as opposed to pre-existing social morality. This paper, thus, looks to discuss the difference between the text and practice, between legal imaginations of the existing case law and the legal realities, the actual realities and the happenings in society, with respect to incidents of violence against LGBTQ people in India from across the country since the Navtej Singh Johar judgment, to discuss a more practical framework of the limitations of the law. The paper also posits recommendations for the need for new law enforcement sensitization in a robust manner to counter such negative social forces that create an oppressive environment in the country.