Transformative Constitutionalism: Its Implication for the Rights of Sexual Minorities (LGBT) in India

Traditional Indian society never gives respectable and dignified space to sexual minorities’ i.e. LGBT communities. They never have been part of the mainstream of Indian society. They are socially and morally excluded from the societal framework. The constitution of India under the chapter of fundamental rights constitutionally gives LGBT community equality with the other section of society. To create a more progressive society that is more inclusive in all spheres and egalitarian in perspective, it attempts to make use of both constitutional protections and constitutional machinery. This is primarily done by working for what academics refer to as “substantive equality,” which is practically manifested by the enforcement of socioeconomic rights. Particularly those defending minorities’ interests – as well as through affirmative action policies. This research paper aims to develop a thorough knowledge of the growth of transformative constitutionalism with special reference to LGBT rights.