ABSTRACT:
In the pursuit of justice and equality, the legal system stands as a cornerstone of societal
governance. However, an inherently important and persistent challenge resides within
its corridors — the issue of gender discrimination. The main purpose of this study is to
embark on a critical exploration of gender discrimination within the legal system,
specially pertaining to Parenthood rights. The researcher uses the doctrinal method to
comprehensively examine legal frameworks, societal norms, and case studies, and it aims
to uncover the multifaceted challenges faced by individuals from the LGBTQ+
community in parenting roles. The dominant position of Heterosexuality present in our
society has resulted in violence against LGBT+ people. Although the law has legalized
homosexual relations, what is the status of these people who want to enjoy parenthood,
just like other heterosexual people? Society has made it very difficult for LGBT+ people
to avail the basic rights of Parenthood. The study’s originality is on its focus on
actionable insights and potential strategies for dismantling discriminatory norms. By
not only identifying the discriminatory practices but also addressing the gaps in
understanding and providing practical recommendations for policy reforms and societal
change, this research seeks to go beyond mere identification of issues, aiming to
contribute to the ongoing dialogue surrounding LGBTQ+ rights in India. Through this
critical lens, the study aims to stimulate broader discussions and advocacy efforts toward
a more equitable and inclusive society for all parents, irrespective of their sexual
preferences or gender identity.
1
Mrs .Divya Anil Nair, PhD Scholar at Christ University, Lavasa and Assistant Professor at Balaji Law
College. Email: divyaanair08@gmail.com, ORCID ID: 0009-0002-7740-2836 2
Dr. Sanjay Bang, Associate Professor and PhD Supervisor at Christ University, Lavasa Campus and
can be reached at sanjay.satyanarayan@christuniversity.in, Orcid ID : 0000-0002-9265-1278- Sanjay
Bang
