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Item Open Access Role of Persuasive Legal Instruments for the Recognition of LGBTQ Rights in India(University of North Bengal, 2023-03) Lepcha, PrernaGender identity is one of the most fundamental aspects of life. The time has come that one must realize that gender identity cannot be categorised singularly to one’s orientation which may be associated with his or her birth. Gender identity and sexual orientation is not only limited to the intimate lives of the individual but it impacts everything such as their family, professional, social and educational life. Therefore, gender identity and sexual orientation has to be connected with the human rights perspective to avail all the rights that is being guaranteed to a human. It is only then the basic rights of being a human can be realised by all irrespective of their identity or sexual orientation. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. However, for the LGBTQ rights in India, the realisation of them being human and should be treated equal in dignity and rights was far from the truth until the year 2018. It was only in September 2018, the Supreme Court delivered a historic ruling legalising LGBTQ rights and partly holding Section 377 of the Indian Penal Code as unconstitutional. The colonial-era sodomy law violated the basic tenets of the constitution i.e., right to equality, right to privacy, and right to live with dignity. The right to life and personal liberty is a constitutionally guaranteed right that lays stress on the judicial recognition of such rights as an inextricable component of Article 21 of the Constitution and denial of it leads to discrimination which would offend Article 14 of our Constitution. Therefore, keeping in view the rights guaranteed by the Constitution of India, the rights of the LGBTQ community received the legal recognition in 2018. The LGBT rights in India would have not seen the light of the day if it was not looked into through the constitutional and human rights perspective. However, in recognition to the rights of the LGBTQ in India that stands today is also due to the role that has been played by the persuasive legal instruments such as international conventions, foreign judgments, etc.Item Open Access A Study of the Role of Persuasive Legal Instruments for Protection of Right to Education of Children in India(University of North Bengal, 2020-03) Lepcha, PrernaEducation is one such element of life which is as much as important as food and shelter. It is one of the most vital ingredients for understanding life in general and to do away with all the evils of society. The betterment of the society depends on education as it helps to realise other rights. And when it is guaranteed and is made available as a basic right to an individual then only full realisation of it takes place. Education as a Fundamental Right under Part III of the Constitution of India was not there since its inception, it was provided under the Directive Principles of State Policy where it remained non-justiciable until the year 1992. There are various factors which has played important role in realising education as a fundamental right and making it universal in our country. Therefore, 1992 was the watershed year when right to education travelled from Directive Principle of State Policy to the realm of Fundamental Right. The present study examines the factors that persuaded the Supreme Court of India to dislodge right to education in DPSP and transplant it into Fundamental Right.Item Open Access A Study of The Rights of Child Monk in Monasteries of Gangtok(University of North Bengal, 2019-03) Lepcha, Prerna