Post-decriminalisation of Section 377: Socio-legal obstacles faced by homosexual persons in Chennai

The decriminalisation of Section 377 by the Supreme Court of India on September 6, 2018, was a significant milestone for homosexual people's rights, providing legal recognition to same-sex relationships. Using social constructionism theory, the research investigates how societal norms, and institutional practices continue to impact homosexual people despite legal reforms. The quantitative approach employed structured questionnaires with 86 respondents selected via snowball sampling from a non-governmental organisation. The study examined the perceived level of social obstacles, including acceptance, discrimination, and stigma, as well as legal barriers, such as challenges and the impact of recognition, while evaluating the effectiveness of social and legal advocacy efforts. Linear regression analysis revealed statistically significant correlations between social acceptance and reduced discrimination, legal recognition and legal challenges, social advocacy effectiveness and well-being, and legal advocacy awareness and community well-being. Findings indicated that persistent stigma and lack of legal support continue to affect homosexual people in Chennai, demonstrating that legalisation alone does not ensure equal rights or social inclusion. Social prejudices and legal restrictions limit well-being, creating systemic barriers to equality and justice. The research emphasises that social transformation must accompany legal reforms to achieve equality and reduce discrimination. Effective advocacy is crucial for improving societal perceptions and influencing equitable policies through enhanced constitutional protection, increased awareness, and greater inclusivity. The work aligns with Sustainable Development Goal 10 (Reduced Inequalities), specifically targeting 10.3, which ensures equal opportunity and ends discrimination while serving as a valuable resource for advocacy groups, policymakers, and activists working to advance equal treatment for homosexual people.

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Publication Details

Journal
Social Sciences & Humanities Open
Published
2025-01-01
DOI
https://doi.org/10.1016/j.ssaho.2025.101683
Citations
2
Primary Topic
African Sexualities and LGBTQ+ Issues
Type
article
Field-Weighted Citation Impact
8.40
Controls
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article

Post-decriminalisation of Section 377: Socio-legal obstacles faced by homosexual persons in Chennai

Mahalaxmi Shivshankar Tiwari, S KalpanaSri
2 citations
Social Sciences & Humanities Open
African Sexualities and LGBTQ+ Issues
8.40
article

Post-decriminalisation of Section 377: Socio-legal obstacles faced by homosexual persons in Chennai

Mahalaxmi Shivshankar Tiwari, S KalpanaSri
article en
2 citations

Abstract

The decriminalisation of Section 377 by the Supreme Court of India on September 6, 2018, was a significant milestone for homosexual people's rights, providing legal recognition to same-sex relationships. Using social constructionism theory, the research investigates how societal norms, and institutional practices continue to impact homosexual people despite legal reforms. The quantitative approach employed structured questionnaires with 86 respondents selected via snowball sampling from a non-governmental organisation. The study examined the perceived level of social obstacles, including acceptance, discrimination, and stigma, as well as legal barriers, such as challenges and the impact of recognition, while evaluating the effectiveness of social and legal advocacy efforts. Linear regression analysis revealed statistically significant correlations between social acceptance and reduced discrimination, legal recognition and legal challenges, social advocacy effectiveness and well-being, and legal advocacy awareness and community well-being. Findings indicated that persistent stigma and lack of legal support continue to affect homosexual people in Chennai, demonstrating that legalisation alone does not ensure equal rights or social inclusion. Social prejudices and legal restrictions limit well-being, creating systemic barriers to equality and justice. The research emphasises that social transformation must accompany legal reforms to achieve equality and reduce discrimination. Effective advocacy is crucial for improving societal perceptions and influencing equitable policies through enhanced constitutional protection, increased awareness, and greater inclusivity. The work aligns with Sustainable Development Goal 10 (Reduced Inequalities), specifically targeting 10.3, which ensures equal opportunity and ends discrimination while serving as a valuable resource for advocacy groups, policymakers, and activists working to advance equal treatment for homosexual people.

Social Sciences & Humanities OpenVol. 12
Vellore Institute of Technology University (IN)
Reduced inequalities
Openalex Percentile: Top 3%
African Sexualities and LGBTQ+ Issues
8.40
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