Title: LEGAL IMAGINATIONS AND LEGAL REALITIES: REVIEWING GENDER-BASED VIOLENCE AGAINST LGBTQ INDIVIDUALS POST THE 2019 NAVTEJ SINGH JOHAR JUDGEMENT
Authors: Gaurangi Gyanesh Singh
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.
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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.
The International Journal of Social Science and Economic Research Inviting Papers/Articles for Current Issue Volume 5 No. 1 January 2020.
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