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3) How far will the legal emphasis on “self-determination” go in helping LGBTQ persons navigate their lives in a society full of prejudices. Comment, in the light of the recent SC judgment on section 377.(250 words)

Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

3) How far will the legal emphasis on “self-determination” go in helping LGBTQ persons navigate their lives in a society full of prejudices. Comment, in the light of the recent SC judgment on section 377.(250 words)

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Why this question

Recently the SC in its historic judgement has decriminalised homosexuality by declaring section 377 as unconstitutional. However, given the prejudices and patriarchal mindset of Indian society, legal solution alone would not be enough for LGBTQ persons. It is therefore necessary to understand the issue holistically, including its social aspects.

Directive word

Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon

Key demand of the question.

The question wants us to express our knowledge and understanding and come up with an overall opinion as to how far will the legal emphasis on “self-determination” go in helping LGBTQ persons navigate their lives in Indian society. We have to bring forward the non- legal issues faces by the LGBTQ community and thereof form an overall opinion.

Structure of the answer

Introduction- write a few introductory lines about the recent SC judgement which decriminalised homosexuality.

Body-

Discuss the issues involved. E.g The amount of protection that the law provides is determined by the level of privilege one wields and other intersectional positions in society, and it can be argued that the decriminalisation of sexual acts in private would do little to limit the harassment LGBTQ persons are subjected to in public spaces and the discrimination they face in employment opportunities; mention the the state of the Transgender Persons (Protection of Rights) Bill, 2016; it is stereotypes about gender roles that constituted the basis of criminalising same-sex relations, and which ensure discrimination etc.

Conclusion– based on your discussion form a fair and a balanced conclusion on the above issue.