RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

(2023-24)

SOCIOLOGY PROJECT

Submitted by: Submitted to:

Ritika Bansal Ashish Gaur

(Ba-llb semester -1) Sec: C Asst. prof. Sociology

Enrol no: 23195 RGNUL

TITLE:
LGBTQ+ community and youth uprising: The concept of different sexual
orientation in the 21st century and how it has changed through the years within
the Indian backdrop and the global domain.

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 DECLARATION

I hereby declare that the project work entitled “LGBTQ+ community and youth uprising”
submitted to the Rajiv Gandhi National University Of Law, Patiala is a record of an original
work done by me under the guidance of Mr. Ashish Gaur, Professor, Sociology, RGNUL
and this project work is submitted in the partial fulfilment of the requirements for the award
of the degree of B.A. LLB. (Honours).

The results embodied in this thesis have not been submitted to any other University or
Institute for the award of any degree or diploma.

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 ACKNOWLEDGEMENT

I would like to express my gratitude towards all those whose help and constant support the
project would not have reached its current facet. Foremost I would like to thank Prof. Ashish
Gaur for his kind guidance and for quenching my queries on many doubts and technicalities
which I came up during the making of this project. I would take advantage of this situation to
thank the Hon’ble Vice Chancellor, Prof. Dr Anand Pawar, and Rajiv Gandhi National
University Of Law for providing me with such an enriching opportunity to work and research
on this topic.

This project would not have seen the light of the day without the constant direction and
guidance of my parents and guardians to whom I owe a lot.

I would also like to thank all of my friends and seniors who aided me along the way. I must
also extend my gratitude to the articles, journals and reports on online platform for providing
such invaluable information.

Ritika Bansal

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 TABLE OF CONTENTS

INTRODUCTION…………………………………………………5

HISTORY OF LGBTQ MOVEMENT…………………………….6-8

21ST CENTURY & LGBTQ MOVEMENT………………………..8-10

LGBTQ+ AND DIVERSITY………………………………………11-12

LGBTQ IN INDIA………………………………………………….13-14

LGBTQ YOUTH UPRISING IN INDIA…………………………...15

CHALLENGES……………………………………………………..16

CONCLUSION……………………………………………...………17

REFERENCES……………………………………………...……….18

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 INTRODUCTION

This project work will focus on how the LGBTQ community has progressed over the time,
and what has developed for them in the social, political and legal frame.

The term LGBTQ stands for lesbian, gay, bisexual, transgender and queer referring to a broad
group of people living around the globe, who are considered as ‘mavericks’ and their
behavior is usually disregarded due to non-conformity with societal norms and standards. The
people of this community often face expulsion because of their bodily orientation. They are
also subjected to legal and social penalties.

The main issues regarding LGBTQ community is their fight for sexual and gender equality
that is still lacking in 21 st century, where the world is getting more tech-savvy every next day.
According to the Human Rights Watch, they are exposed to ‘abuses based on sexual
orientation and gender identity worldwide, including torture, killing and executions, arrests
under unjust laws, unequal treatment, censorship, medical abuses, discrimination in health
and jobs and housing, domestic violence, abuses against children, and denial of family rights
and recognition.’ The LGBTQ community is a prey for some ill-minded individuals on the
regards of how they look, who they are and who they love. This kind of violence and
exclusion leads to discrimination and mental abuse.

These people have a right to live with dignity and identity, for which organizations, activists
and social reformers have to come forward and support them for this humane cause. The
countdown to making a change starts now, at this very moment, where blooming democracies
and global pioneers of human rights should end this discrimination.

A commonly stated goal among these movements is social equality for LGBT people, but
there is still denial of full LGBT rights. Some have also focused on building LGBT
communities or worked towards liberation for the broader society from biphobia,
homophobia, and transphobia. There is a struggle for LGBT rights today. LGBT
movements organized today are made up of a wide range of political activism and cultural
activity, including lobbying, street marches, social groups, media, art, and research.

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 HISTORY OF LGBTQ MOVEMENT

• ENLIGHTENMENT ERA

During the 1800’s in Europe and France, same-sex sexual behaviour and cross-dressing were
widely considered to be socially unacceptable, and were serious crimes under sodomy laws.
Although, it has been observed in Shakespeare’s plays of that time, depicted same-sex love.
Thomas Cannon wrote what may be the earliest published defence of homosexuality in
English, Ancient and Modern Pederasty Investigated and Exemplified (1749). Social reformer
Jeremy Bentham disregarded all the negative attitudes against homosexuality as irrational and
moved by religious superstitions. Secular Humanism that inspired Bentham, influenced the
French Revolution and later in the republic’s constitution provisions, making France the first
country to decriminalize homosexuality.

• EMERGENCE OF LGBT MOVEMENT

Starting with the Victorian era, the Labouchere Amendment took place in the Criminal Law
Amendment Act in 1885, criminalizing 'any act of gross indecency with another male person'.
From the 1870s, social reformers began to defend homosexuality, but due to the controversial
nature of their advocacy, kept their identities secret. A secret British society called the "Order
of Chaeronea" campaigned for the legalization of homosexuality. The society was founded by
George Cecil Ives, one of the earliest gay rights campaigners, who had been working for the
end of oppression of homosexuals, what he called the "Cause”. Many developments occurred
during the late 1800 to early 1900’s for the independence of homosexuals and gays causing
imprisonment, arrest and legal actions towards many personalities. Henry Gerber’s Society
for Human Rights became the first homosexual organization in America and Friendship and
Freedom, the first known American homosexual publication. He supported the homophile
movement of 1950’s and recognized as a pioneer of LGBT rights.

• HOMOPHILE MOVEMENT (1945-1969)

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Following the WW-II, many homosexual and LGBT groups came into the front fighting for
their rights in the public domain. These groups majorly belonged from western countries like
America, Britain, Germany, France, and Netherlands. They usually preferred the term
’homophile’ over ‘homosexual’, in their movement which started in 1940’s to 1960’s. In the
United States, ONE, Incorporation became the first public homosexual organizations. The
homophile movement lobbied to establish a prominent influence in political systems of social
acceptability. The gay march of 1962, at the Independence Hall at Philadelphia officially
marked the start of Modern Gay Rights Movement. The Wolfenden Report led to the
introduction of Sexual Offences Bill, that later became an act, decriminalized homosexual act
between two consenting adults. Short after, the Columbia University, in the United States,
turned out to be the first of its name in the country to recognize a bisexual and gay student
group.

• GAY LIBERATION MOVEMENT, 1969-1974

The new social movements of the sixties, such as the Black Power and anti-Vietnam war
movements in the US, the May 1968 insurrection in France, and Women's
Liberation throughout the Western world, inspired many LGBT activists to become more
radical, and the Gay Liberation movement emerged towards the end of the decade. Not going
very back in time, the defining event of gay activism occurred in the United States. In the
wee hours of June 28, 1969, the Stonewall Inn, a gay bar in New York City’s Greenwich
Village, was raided by the police. Nearly 400 people joined a riot that lasted 45 minutes and
resumed on succeeding nights. “Stonewall” came to be commemorated annually in June with
Gay Pride celebrations, not only in U.S. cities but also in several other countries. Groups like
Gay Liberation Fronts and Gay Activists Alliance started to form in America, immediately
after the Stonewall riots. Brenda Howard in 1970, called as ‘mother of pride’ started the
week-long series of pride marches, which are now celebrated as a one-month event in June
across the world. Shortly, bisexual activist Robert A. Martin (aka Donny the
Punk) and gay activist L. Craig Schoonmaker are credited for popularizing the term ‘pride’
for the celebrations by the community. On the first commemoration of the Stonewall Riots.
Liberation groups, including the Gay Liberation Front, Queens, the Gay Activists Alliance,
Radicalesbians, and Street Transvestites Action Revolutionaries (STAR) participated in the
pride day. In May 1974 the American Psychiatric Association, after years of pressure from

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activists, changed the wording concerning homosexuality in the Sixth printing of the
Diagnostic and Statistical Manual of Mental Disorders from a "mental disorder" to that of a
"sexual orientation disturbance" whereas, Sweden became the first country in the world to
allow people who were transsexual by legislation to surgically change their sex and provide
free hormone replacement therapy, in 1972.

Groups such as the Human Rights Campaign, the National Gay and Lesbian Task Force, and
ACT UP (AIDS Coalition to Unleash Power)1987 in the United States and Stonewall Outrage
in the United Kingdom—and dozens of similar organizations in Europe and elsewhere—
began agitating for legal and social reforms. These organizations put the best of their efforts
to stop the discrimination and abuse happening with Lesbians, Gay, Bisexual, Transgender
and Queer community in particular.

The United States ‘Democratic’ party supported the gay rights movement with open arms.
With an ideology of ‘liberal’ politics, and non-discriminative attitude in addition to sexual
orientation, the party in 1980 gained support of gay community, and urged the ‘gay men and
women to come out of their closets to enter the political arena’ This led to the first openly gay
government officials in the United States, Jerry DeGrieck and Nancy Wechsler. Less
confrontational terms that attempt to reunite the interests of lesbian, gay, bisexual, and
transgender people also became prominent, including various acronyms like LGBT, LGBTQ,
and LGBTI, where the Q and I stand for queer or questioning and intersex, which led to the
formation of Queer Nation (1990) and Lesbian Avengers (1992).

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 21ST CENTURY & LGBTQ

CONCEPT OF PRIDE

The term ‘pride’ has a lot of meaning for the members of the LGBTQ community, as it instills
a sense of motivation, encouragement, and passion in the individuals. As discussed above, the
‘pride’ is credited to credited to Brenda Howard, a bisexual New York activist nicknamed the
"Mother of Pride," who organized the first Pride parade to commemorate the one-year
anniversary of the Stonewall uprising.

The word ‘pride’ is an integral cultural concept within the Lesbian, Gay, Bisexual,
Transgender, Queer, Intersex (LGBTQI) community, representing solidarity, collectively, and
identity as well as resistance to discrimination and violence. Pride is a celebration of people
coming together in love and friendship to show their solidarity and how far the LGBTQ
movement has come since time memorial. It is a celebration of acceptance, equality, the
strugglers of the movement, and raising awareness of issues affecting the community. It also
calls the people about how barbaric Homophobia can be, where they highlight the
discrimination faced over a century.

The suggestion to call this movement as pride was given by L.Craig Schoonmaker in 2015
when he said, ‘A lot of people were very repressed, they were conflicted internally, and didn't
know how to come out and be proud. That's how the movement was most useful, because they
thought, 'Maybe I should be proud.’

PRIDE FLAG

A movement’s most important symbol, a flag is far more than pieces of fabric, LGBTQ flags
tell the story of the individuals they represent—acting as tools of visibility in a society that
does its best to ignore their basic human and civil rights.

The first pride flag was created by artist Gilbert Baker, when the first officially appointed gay
U.S. officer, Harvey Milk urged him to prepare it for the movement, because he saw flags as
the most powerful symbol of pride. As he later said in an interview, “Our job as gay people
was to come out, to be visible, to live in the truth, as I say, to get out of the lie. A flag really

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fit that mission, because that’s a way of proclaiming your visibility or saying, ‘This is who I
am!’” Baker adopted the pride flag from the natural colours of sky taking inspiration from the
rainbow itself. It represented hot pink for sex, red for life, orange for healing, yellow for
sunlight, green for nature, turquoise for art, indigo for harmony, and violet for spirit.

The first versions of the rainbow flag were flown on June 25, 1978, for the San Francisco
Gay Freedom Day parade. However, because of production issues, the pink and turquoise
stripes were removed and indigo was replaced by basic blue, which resulted in the
contemporary six-striped flag (red, orange, yellow, green, blue, and violet). Today this is the
most common variant of the rainbow flag, with the red stripe on top like that in natural
rainbow. The various colors came to reflect both diversity and the unity of the LGBTQ
community. On the 25th anniversary of Stonewall riots in 1994, Baker created a mile-long
version of the ‘pride’ flag, that led to the official establishment of the rainbow flag as a proud
international symbol of the contemporary LGBTQ Movement. Philadelphia redesigned the
Pride flag in 2017 to include the colors brown and black in an effort to promote diversity and
inclusion and to "honour the lives of our Black and brown LGBTQ siblings," the city said in
a statement.

PRIDE MONTH

The month of June, is celebrated as ‘Pride’ month where LGBTQ community comes together
to celebrate their independence and to overcome the struggle and discrimination that they
have faced through centuries. Not only the LGBTQ participates in these but minority groups
who had strived decades for their acceptance. The original aim of this movement was to pay
homage to the stonewall riots of 1969, but it furnished as the major spark for the modern-day
gay rights movement. Many countries have their own distinctive pride months like that of
Russia, who celebrate the event in the month of may. It is in itself a proof that how the
LGBTQ movement has significantly progressed with time, as these pride marches, public
events and initiatives has opened a path of acceptance and assimilation for the LGBTQ
community, which, for the longest time, had been shunned by the mainstream.

The movement got it’s first global acceptance when US president, Bill Clinton, announced
the first ever gay pride month in 1999. This trend was later followed by Barack Obama in his
two terms, while Donald Trump also made hay in the shining sun in his presidential period

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without an official statement. The recently appointed US president, Joe Biden has also carried
on the tradition of ‘liberal politics of the democrats by supporting the LGBTQ community
and declaring June as the official pride month. The Stonewall Inn was declared a historic
landmark by the city of New York in 2015 and later named a national monument by President
Barack Obama in 2016.

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 LGBTQ+ AND DIVERSITY

The term LGBT has been in use since the 1990’s, but in recent years, due to awareness and
development, there has been a need for wide inclusion and representation for social
acceptance globally. The acronym LGBTQ+ is being used for representation of a diverse
range of sexualities and gender-identities, referring to anyone who is transgender and/or
same/similar gender attracted. It stands for lesbian, gay, bisexual, transgender, queer (or
sometimes questioning), and others. The "plus" represents other sexual identities including
pansexual and Two-Spirit.

• L (Lesbian): A lesbian is a woman/woman-aligned person who is attracted to only

people of the same/similar gender.
• G (Gay): Gay is usually a term used to refer to men/men-aligned individuals who are
only attracted to people of the same/similar gender. However, lesbians can also be
referred to as gay. The use of the term gay became more popular during the 1970s.
Today, bisexual and pansexual people sometimes use gay to casually refer to
themselves when they talk about their similar gender attraction.
• B (Bisexual): Bisexual indicates an attraction to all genders. The recognition of
bisexual individuals is important, since there have been periods when people who
identify as bi have been misunderstood as being gay. Bisexuality has included
transgender, binary and nonbinary individuals since the release of the "Bisexual
Manifesto" in 1990.
• T (Transgender): Transgender is a term that indicates that a person's gender identity
is different from the gender associated with the sex they were assigned at birth.
• Q (Queer or Questioning): Though queer may be used by people as a specific
identity, it is often considered an umbrella term for anyone who is non-cisgender or
heterosexual. But it is also a slur. It should not be placed on all members of the
community, and should only be used by cisgender and heterosexual individuals when
referring to a person who explicitly identifies with it. Questioning refers to people
who may be unsure of their sexual orientation and/or gender identity.
• + (Plus): The 'plus' is used to signify all of the gender identities and sexual
orientations that are not specifically covered by the other five initials. An example is
Two-Spirit, a pan-Indigenous American identity.

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The purpose of the ‘+’ sign at the end of the acronym is to represent the tremendous diversity
of people who are same/similar gender attracted and transgender. The addition of the plus is
better able to completely cover that diversity. It has eventually evolved in a positive way for
inclusion of diverse communities and identity.

INCLUSIVITY

The use of the acronym is aim to recognize different gender identities irrespective of their
sexual orientations. The addition of other identities to the LGBT acronym also plays a
necessary role for connecting with the community globally.

It also means that these individuals are able to gain greater recognition by society as a part
instead of being ignored, or denied, inclusiveness will help foster greater visibility of
marginalized identities.

VISIBILITY

Visibility can also help create a greater sense of self-affirmation and esteem in a person's
identity. Research has found that offering inclusive and affirmative environments is important
for LGBTQ+ youth. The results also show that an important way of feeling individual pride
in their identity is by accepting the fact they are visible as a part of the LGBTQ+ community,
as it is lacking in our mainstream media. It helps them keeping self-worth and confidence of
mental well-being blooming in one way or other.

IMPACT

Over the years, the acronym LGBTQ+ has gained acceptance in our society as it has played a
role in raising the visibility of marginalized sections of the society including transgender
individuals. But still many members of the community face challenges like harassment,
homophobia, exclusion and workplace discrimination among their peers. One way to
eradicate is the use of political advocacy and social solidarity to improve visibility, combat
discrimination, and advance causes including anti-discrimination and equality laws.

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 LGBTQ IN INDIA

In India, even after so much development taken place, the LGBTQ community feels that there
still remains a long path of struggle where they can openly express their gender choices and
sexual orientation outside their family and confines of the world. There is a lot of social
awareness, campaigns, and real-world platforms that encourage LGBTQ activism in urban
area, but the rural area is way back in this race. The only way to survive as a gay man in a
rural household is to escape from the city and live a new life in a strange city. This group is
often subjected to violence, hatred and non-conformity in the society because of the way they
look, their sexual orientation, and their body in particular.
A recent study found that one of the major factors that results in the stigmatization of LGBT
people is parental reaction towards homosexuality. The study goes on to conclude that most
LGBT people are acceptable to family only if they agree to behave like heterosexuals. India
still remains a hostile destination for homosexuals and other gender-neutral groups. This
prejudice also leads to lack of judicial and development in central laws regarding the
LGBTQ’s.
Section 377 of IPC which criminalised all kinds of non-procreative sexual intercourse during
the pre-independence era by the British colonial Government. The law was not only directed
against the homosexuals but also non-traditional sexual intercourse even in the course of
heterosexual union. Thus, this was just a continuation of Victorian era orthodoxy that needed
urgent reforms. It took us two decades to scrap this old age law, and bring a revolution for the
future of the Indian youth who wants independence from social standards and norms.

THE REVOLUTION

Article 14 of the Indian constitution provides right to equality before the law, Article 15
prohibits discrimination on grounds of religion, caste, gender and place of birth, and Article
21 guarantees the protection of life and liberty.

In 2001, NGO Naaz Foundation and AIDS Bhedbhav Virodh Andolan challenged the colonial
era law for the very first time in Delhi high court, but both the petitions were dismissed.

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In 2009, Delhi high court decriminalized sex between two consenting adults of same gender
on the grounds of violation of Article 14, 15 and 21, but later the decision was overturned by
the apex court in 2013, calling it as ‘legally unstable’.

In April 2014, the Supreme Court of India ruled in NALSA v Union of India that the rights
and freedoms of transgender people in India were protected under the Constitution.
The Court also directed the central government to include a third gender as ‘transgender’ and
make it a part of OBC quota in 2014.

Two years later a set of 5 petitions by LGBTQ activists were filed in Supreme Court claiming
that their right to sexuality, sexual autonomy, sexual partner, life, privacy, dignity and
equality are undermined along with fundamental rights provided in part iii of the constitution
that also violates Article 377.

In August 2017, the supreme court declared ‘right to privacy’ as a fundamental right that also
includes ‘sexual orientation as an attribute of privacy’.

Recently, in 2018, a five-member Bench of the Supreme Court comprising Chief Justice
Dipak Misra, Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra,
struck down Section 377 of the IPC as being violative of the right to equality and the right to
live with dignity. In four separate but concurring judgements, the top court set aside its 2013
verdict in the Suresh Kaushal case which had re-criminalised consensual unnatural sex. The
bench said the other aspects of Section 377 of the IPC dealing with unnatural sex with
animals and children remain in force. They expressed that it violated India’s constitutional
morality. They announced that gay sex is not a crime and article 14 & 21 contradict this view
of article 377. The apex court also said India was a signatory of international treaties on rights
of LGBTQ and it was obligatory to adhere to them. The bench also said that homosexuality
was not a mental disorder but a completely natural condition.

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 LGBTQ YOUTH UPRISING IN INDIA

The young LGBTQ community admits the fact that Court judgments in recent years have laid
the groundwork for better protections from discrimination based on sexual orientation and
gender identity, and the Indian government’s stance on LGBT rights has evolved
considerably. But much more is needed to protect people on the basis of sexual and gender
identity in India.

The picture is bleak for lesbian, gay, bisexual, and transgender youth in India. Many face
harassment and bullying, and to avoid humiliation and violence. Empowerment on LGBT
bullying is needed in areas of daily working like schools and offices for the proper treatment
of the community. According to many international reports India has been identified as a
country, not safe and secure for LGBTQ community.

The court’s decisions have international significance, as the Indian law served as a template
for similar laws throughout much of the former British empire. In December 2018, the lower
house of parliament passed the Transgender Persons (Protection of Rights) bill, that didn’t
turn out to be successful even after several amendments. The need for more improvised
legislations for the protection of minority and ostracized groups is the demand of the young
social activists fighting for this cause.

Shifting India to a nation that protects sexual and gender diversity will require action by
multiple ministries and agencies at both the national and state levels by educating the children
about gender neutrality, and equality within the social strata. Awareness of sexual orientation
and diversity is the key to development of LGBTQ community.

As, Justice Indu Malhotra pointedly stated that “an apology is owed to members of the LGBT
community is owed for the ostracization and persecution they faced because of society’s
ignorance”. It can clearly be observed that a lot is yet to be done for the plight of the rainbow
community.

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 CHALLENGES

A large number of countries, who are signatories of the Universal Human Rights Declaration,
still fights for ending discrimination based on minority communities and especially for the
LGBTQ’s. The core legal obligations of States with respect to protecting the human rights of
LGBT people include obligations to:

• Protect individuals from homophobic and transphobic violence.

• Prevent torture and cruel, inhuman and degrading treatment.

• Repeal laws criminalizing homosexuality and transgender people.

• Prohibit discrimination based on sexual orientation and gender identity.

• Safeguard freedom of expression, association and peaceful assembly for all LGBT
people.

The members are often faced by harassment at schools, or their workplaces and also even in
their families. They are subjected either to forced conversion therapy or to stay silent on their
sexual identity. It sets the stage for prolonged problems that can carry into adulthood.
Bullying can trigger depression and anxiety, and it can lead to low self-confidence and low
self-esteem that drive behaviours of depression which can even lead to suicidal thoughts in
extreme cases. Due to pressure of family rejection, they tend to practice drugs which is a life
ending step for an adolescent. Abuse and trauma are a big part of the life of a LGBTQ person,
which is very dangerous, as it affects both emotionally and psychologically.

Thus, we can observe that the community is not just helpless from governments but also from
their own family. These challenges should be focused by the authorities to solve the
inequality among the society. It is high time that intolerance and narrow-mindedness take a
back seat from the people’s mentality.

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 CONCLUSION

In this project, we discussed about the history of the LGBT community from the 19 th century
to the modern-day activism of the members of this group. It later focused the legal provisions
and constitutional rights entitled to the citizens of this nation irrespective of their caste, race
or sex. It emphasized on the important symbols of resistance and solidarity like the ‘pride
flag’ and ‘pride month’ that unites the community and gives them the power to fight
prejudiced individuals unwilling to accept them as they are. This work has also covered the
increasing diversity of the LGBT community with the inclusion of ‘queers’ and ‘+’ acronym
which incorporates diversity and a number of sexual identities in appositive manner. The
project further approached the current scenario of LGBTQ groups in India, where the
country’s youth is exposed to various mental and familial risks and threats. I would like to
conclude this by expressing that there is an urgent need for new laws, legislations,
amendments and reforms so that every human is legally recognized and the LGBT
community stays free from discrimination and abuse on their sexual identity and orientation.

I hope that my work on this project will be worthy enough to contribute in further
exploration and research on this topic, and facilitate future researchers in the long run.

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 REFERENCES

• https://en.wikipedia.org/wiki/LGBT_community
• https://edition.cnn.com/2021/06/01/health/pride-month-2021-trnd/index.html
• https://www.britannica.com/story/how-did-the-rainbow-flag-become-a-symbol-oflgbt-
pride
• https://www.verywellmind.com/what-does-lgbtq-mean-5069804
• https://www.hrw.org/news/2019/06/24/section-377-history-young-lgbt-indians-
needconcrete-policies-protect-them-bullying

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