DOCSLIB.ORG

Need for a Bill to Give Rights to the LGBT Community on the Lines Of

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Need for a Bill to Give Rights to the LGBT Community on the Lines Of Legal Desire International Journal on Law November 2020 / Part B ISSN: 2347-3525 Need for A Bill to Give Rights to the LGBT Community on the Lines of The Supreme Court Judgment Neha Doshi194, Sonal Nandu195, Shivani Patki196, Kumar Pritam197, Ananya Madhusudhanan198 Introduction The Constitution of India under Article 21 guarantees the citizens of India the right to life and personal liberty. However, the LGBT community in India has been facing persistent social stigma if and when they revealed their sexual orientation let alone be able to live with dignity. The society has failed innumerable times to provide them with basic human rights merely because of our deeply rooted traditional notions about gender and sexual orientation. Moreover, before bringing forth the rights of the LGBT community and the landmark judgment that decriminalized consensual same-sex relationship, it is important to understand the difference between these three terms i.e. Gender identity, sexual orientation, and sex.Gender identity means the person’s internal experience of a particular gender which may or may not correspond to the sex assigned at the time of birth (man, woman or someone outside of that gender binary), on the other hand, sexual orientation is a pattern of sexual attraction towards another person who could be of the same gender, different gender or more than one gender.199 Sex, on the other hand, is assigned to us at the time of birth on the basis of the biological differences, for instance, the male and female internal and external genitalia.200Thus, a person’s sexual orientation is not dependent on the sex assigned to them at the time of birth and it is about time we start accepting them as who they are really are, as there is nothing wrong with them. Section 377 of the Indian Penal Code, 1860 (“IPC”) was read down by the Hon’ble Supreme Court in the landmark judgment of Navtej Singh Johar & Ors. V. Union of India (“Navtej Singh case”)201in order to protect the key fundamental rights of the LGBT community. Thus, Section 377 of the IPC, so far as it penalized any consensual sexual activity between two adults, be it homosexuals (man and a man), heterosexuals (man and a woman), and lesbians (woman and a woman), has been read down. However, if the same is non-consensual then it can still be penalized under Section 377. This landmark judgment was long due. One of the fundamental rights under our Constitution is that everyone is to be treated equally, however, if, on the revelation of their identity they face police brutality, this right is being completely negated. The rights of the LGBT community have been severely compromised upon and have had a major physical as well as psychological impact 194 B.B.A. LL.B., NMIMS Kirit P. Mehta School of Law 195 BLS L.L.B, Pravin Gandhi College of Law, Mumbai 196 L.L.B, Jitendra Chauhan College of Law 197 B.A.LL.B.(Hons), Central University of South Bihar, Gaya 198 BBA LLB (Hons) School of law, SASTRA University 199Preambule, http://yogyakartaprinciples.org/preambule/ 200Sex, Sex and Gender: What is the difference? (2008), https://www.medicalnewstoday.com/articles/232363 201 10 SCC 1, (2018). 124 Legal Desire Media and Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 / Part B ISSN: 2347-3525 on them. Justice Dipak Misra has rightly pointed out in the judgment that the right to life and dignity includes the twin aspects of one’s identity and their sexual orientation. A step towards the change has been brought through the judgment, however, there is still a need for acceptance, as despite everything homophobia still exists among the people and the same is regrettable. All that is done through the judgment is that sex between consensual adults including gay, bisexual, transgender has been decriminalized. However, there are a lot of questions that still remain unanswered, for instance, can they marry?Can they adopt?How can the social stigma around them be removed?. Through, this judgment the LGBT community did get a breather, but it hasn’t solved all their problems. There is a vast gap between the steps taken by the judiciary and the actual implementation by the legislature. Through various landmark judgments such as the NALSA v. Union of India, Justice K.S. Puttaswamy v. Union of India and the Navtej Singh Johar case, the judiciary has recognized the rights of the LGBT community. However, these changes have not been incorporated into the laws of the land. These changes need to be incorporated in order to ensure, that the LGBT community, inter alia, has the right to easily change their gender as well as modify the legal documents to include the same, to have better access to health facilities, to have a safer environment around them. Moreover, the right to non-discrimination is only applicable against the State and its instrumentalities and the same does not cover a private entity. The LGBT community faces discrimination at the workplace which in turn leads to their unemployment.202 Thus, there is an urgent need to have a law in place in order to protect the rights of this community. Historical background: The acronym lgbt refers to lesbian, gay, bisexual, and transgenders. These communities work towards the advancement of pride, diversity, individuality, and sexuality. Ancient literary works show that homosexuality has been existing since a long time, a further study into it indicates that homosexuality was not considered to be inferior or secondary before the 18th century. Under the kingship of king henry vii, the parliament of england had passed the bugerry act, 1533 (“burgerry act”). Bugerry was defined as any act which was against the will of god. The burgerry act made any homosexual activities or sexual acts committed with beasts punishable by death. Section 377 of the ipc was based on this victorian-era law. It was during the british colonial period that the sufferings of the lgbt community in india escalated as the first law commission drafted and introduced section 377 of the ipc which declared any homosexual act as unnatural and made it a criminal offence. Even though the constitution of india, guaranteed the right to equality under article 14, homosexuality still remained a criminal offence. The idea of eradicating discrimination and treating everyone equally was not implemented with respect to the lgbt community. 202Amber Tanweer, Issues of LGBT Minority Communities in India, LGBT Rights in India (2018), https://www.ijlmh.com/wp-content/uploads/2019/03/LGBT-Rights-in-India.pdf 125 Legal Desire Media and Insights www.legaldesire.com Legal Desire International Journal on Law November 2020 / Part B ISSN: 2347-3525 Aids bhedbhav virodhi andolan (“abva”) released a citizen report titled ‘less than gay’ in 1991, which showed the status of homosexuality in india and the discrimination faced by the lgbt community. Further, in 1992, the abva also organized a gathering to protest after some men were caught on charges of homosexuality in delhi. After 2 years it filed a public interest litigation challenging the constitutionality of section 377 of ipc in the delhi high court, making it the first- ever legal attempt against this inequality. However, this petition was ultimately dismissed.203the pil had been filed by the abva as it wanted to distribute condoms among the male jail inmates; however, the superintendent of the jail denied it claiming that this would encourage homosexuality. Due to this disparity, the lgbt community refused to stay silent any longer and this paved way for the first-ever protest to claim equality in the year 1999 in kolkata. The protest was called the gay pride parade. With only 15 participants, this parade was a historical one as it supported the breaking of silence. The parade was also called as the calcutta rainbow parade.204moreover, because of this incident, india saw several protests across the country. Yet again to fight the battle against section 377, in 2001, an ngo named naz foundation filed a petition in the delhi high court. In this case of naz foundation v. Government of nct of delhiand ors205(“naz foundation case”), naz foundation challenged the constitutionality ofsection 377 on the grounds that it violated the fundamental rights of the lgbt community guaranteed under articles 14, 15, 19 and 21 of the constitution of india. However, this petition was dismissed. Continuing the battle, naz foundation filed a review petition and later a public interest litigation. The supreme court sent back the case to delhi high court to decide the matter. Later various ngos joined them and raised voices and in result, india’s ministry of home affairs filed an affidavit against decriminalization of homosexuality. The delhi high court read down section 377 of ipc and held it to be unconstitutional on july 2, 2009. A number of appeals were filed in the supreme court for challenging this judgment of the delhi high court. On march 27, 2012, the supreme court reserved the verdict on these. On december 11, 2013, in the case of suresh kumar koushal v. Naz foundation206(“suresh kaushal case”), a two-member bench of the hon’ble supreme court comprising of justice g.s.singhvi and justice s.j.mukhopadhaya, scrapped the decision of the delhi high court. It stated that the 2009 judgment of the high court is "constitutionally unsustainable as only parliament can change a law, not courts". Pursuant to the suresh kaushal case, homosexuals were considered criminals and this led to witnessing of an upsurge in activism all over india.207 this led to the initiation of protests all over the country against the reinstitution of section 377 which resulted in political activism across political parties to declare their support for repealing the law.
Load more

Recommended publications
  • This Alien Legacy RIGHTS the Origins of “Sodomy” Laws in British Colonialism WATCH
    HUMAN This Alien Legacy RIGHTS The Origins of “Sodomy” Laws in British Colonialism WATCH This Alien Legacy The Origins of “Sodomy” Laws in British Colonialism Copyright © 2008 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-419-2 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org December 2008 1-56432-419-2 This Alien Legacy The Origins of “Sodomy” Laws in British Colonialism I. Introduction ......................................................................................................... 1 Three Trials ......................................................................................................... 1 Colonial Laws and Contemporary Defenders ........................................................ 4 II. “Sodomy,” Colonialism, and Codification ........................................................... 13 III. Colonial Power on the Street and over the Body ..............................................
    [Show full text]
  • Letter from the Executive Board
    LETTER FROM THE EXECUTIVE BOARD Dear Parliamentarians, At the outset on behalf of the Executive Board , We extend a warm welcome to all of you and congratulate you on being a part of the Amity University Madhya Pradesh Model United Nations 2019 . The committee being simulated at the institute , would like most other simulations of Indian committee will focus on political intellect and analytical application of thoughts and strategic application of thoughts in resolving impending politically sensitive bilateral issues. Kindly note , we are not looking for existing solutions , or statements that would be an exact copy paste of what the portfolio you are representing have already stated; Instead we seek an out of the box solution from you, while knowing and understanding your impending political and ideological limitations. This introductory guide would be as abstract as possible, and would just give you a basic perspective on what you can expect from the committee and areas wherein which you research should be focused at this given point in time. Given, the extremely political and volatile nature of this committee, your presence of mind and politico-analytical aptitude is something which we at the executive board would be looking to test. That being said, kindly do not limit your research to the areas highlighted further but ensure that you logically deduce and push your research to areas associated with the issued mentioned. We are sure however that this background guide gives you a perfect launching pad to start with your research. Wishing you all a very warm good luck and hoping to see you all at this conference discussing imperative issues of national trust.
    [Show full text]
  • Litigating India's Anti-Sodomy Law
    Sheikh: The Road to Decriminalization: Litigating India's Anti-Sodomy Law The Road to Decriminalization: Litigating India's Anti-Sodomy Law Danish Sheikh* I. INTRODUCTION Late in the afternoon on an early spring day, the Supreme Court of In- dia began hearing the final arguments that would determine the legal status of the lesbian, gay, bisexual and transgender community in India. Earlier that very week, I told my parents that I was a member of the litigation team - and that I was gay. Without warning, I found arguments from a heated family discussion reverberating in the chambers of a court of law. These dialogues were inevitable: both the ones in the courtroom and the ones with my parents. In 2009, the Indian LGBT community took its first step towards equal sexual citizenship through the Delhi High Court's judgment in the matter of Naz Foundation v. NCT of Delhi and Others' The Bench, comprising then Chief Justice of the High Court Justice A.P. Shah and Justice Muralidhar, crafted a 105-page document that is considered a landmark moment in Indian judicial history. The judgment not only em- powered a historically marginalized community, but it also laid the founda- tion to strengthen other human rights struggles in the country with its ex- pansive reading of constitutional rights. Yet for all the revelry that surrounded the judgment, there was an equally fierce backlash that played out across Indian television screens as advocates for the movement faced off with opponents from religious groups of all faiths and denominations. It was inevitable then, that within two weeks of the decision, an appeal was filed before the Supreme Court of India.
    [Show full text]
  • LGBTQIA+ Rights Justnow Timeline Cards Set
    LGBTQIA+ Rights JustNow timeline cards set Created by: Annemarie Kelpe, Friederike Hobein, Sera Ria Gomes The “JustNow – A Toolbox for Teaching Human Rights” project is focused on the development of methodological-didactical materials relating to human rights education, combined with simulation games and diversity learning in non-formal and formal youth educational work. This timeline cards set focuses on teaching about the evolution of the LGBTQIA+ Rights (movement) through history up until today, covering some key milestones, leading figures, events, legislation and organizations. The cards can be used in history or civic education, or in other non-formal education settings. Where possible, it is advised that educators supplement the cards with local (history) examples. The cards were created using images and information researched online, with sources noted on the back of the cards. The cards are created for exclusively non-profit educational purpose and use, in classrooms or non-formal educational settings. Image source: Graphic created by Kayley Weinberg, 2014. https://now.org/blog/now-updates-acronym-lgbtqia/ Additional terms Cis-gender - people who identify with their birth sex and are aligned with gender constructs Transgender - people whose gender identity is different from their gender assigned at birth Queer - umbrella term for sexual and gender minorities and a sexual orientation, intentionally vague which allows different interpretations Intersex - People who are born with any of the several variations in sex characteristics including chromosomes, gonads, sex hormones or genitals that do not fit the typical definitions of male or female bodies Asexual - People, who do not experience sexual attraction to anyone. Asexuality is more of a spectrum.
    [Show full text]
  • Table of Contents
    RIGHTS FOR ALL: ENDING DISCRIMINATION AGAINST QUEER DESIRE UNDER SECTION 377 “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished…” A Compilation by Voices Against 377 2004 “Queer”: an inclusive umbrella term that designates all those who are willing to question the norms of gender and sexuality @@@ Voices Against 377 is a Delhi-based coalition of groups working on women's rights, child rights, human rights, sexual rights, right to health, and lesbian, gay, bisexual, and transgender issues. Thus far, members of Voices Against 377 include: Amnesty International India, Campaign for Human Rights Anjuman, the JNU Students’ Queer Collective Breakthrough: building human rights culture CREA (Creating Resources for Empowerment and Action) Haq, Centre for Child Rights Jagori, Women’s Training, Documentation and Resource Centre Nigah Media Collective, a space for discussions around gender and sexuality Nirantar, Centre of Gender and Education Partners for Law in Development, Legal Resource Group PRISM, a forum for issues relating to sexual and gender identities Saheli Women’s Resource Centre, autonomous women’s group SAMA, Resource Group for Women and Health TARSHI (Talking About Reproductive and Sexual Health Issues) We invite other groups/individuals who would like to lend support or learn more to contact us at [email protected]. TABLE OF CONTENTS Introduction 1 Section 377: A Fact Sheet 4 Testimonial: My Story 6 Section 377 and Child Sexual Abuse 9 Testimonial: Experiences
    [Show full text]
  • Volume 1 Issue 2
    INTERNATIONAL JOURNAL OF LEGAL ENFORCEMENT ISSN: 2582 8894|UIA: AA1003/2020 Volume 1 Issue 2 |June 2021| Website: www.internationaljournaloflegalenforcement-ijle.com Email: [email protected] 2 INTERNATIONAL JOURNAL OF LEGAL ENFORCEMENT ISSN: 2582 8894|UIA: AA1003/2020 About Us International Journal of Legal Enforcement is an online peer review journal dedicated to express views on legal and socio legal aspects. This platform also shall ignite the initiative of the young students. We do not charge any publication charge for online publications. We process to bring out the analysis and thoughts of every socio legal and legal matters from the young powerful minds. With this thought we hereby present you, International Journal of Legal Enforcement. “Dharma is to protect the Needy” 3 INTERNATIONAL JOURNAL OF LEGAL ENFORCEMENT ISSN: 2582 8894|UIA: AA1003/2020 Research Article on TRANSGENDER RIGHTS IN INDIA Vanshika Gangwar Student, JMTECH School of Law. 4 INTERNATIONAL JOURNAL OF LEGAL ENFORCEMENT ISSN: 2582 8894|UIA: AA1003/2020 ABSTRACT That the Research paper deals with the concept “TRANSGENDER RIGHTS IN INDIA”. The author has explained the concept of RIGHTS OF THE TRANSGENDER IN INDIA from the initial stage and moving on further the author has told about the BACKGROUND HISTORY and the author has took the reference of the “Constitution Of India” with reference to the FUNDAMENTAL RIGHTS. The author has cited several cases like NAZ FOUNDATION V. GOVERNMENT OF NCT OF DELHI,2009, Suresh Kumar Koushal and another v. NAZ Foundation and others,2013, NATIONAL LEGAL SERVICE AUTHORITY V. UNION OF INDIA, 2014, JUSTICE K.S. PUTTASWAMY (RETD.) AND ANSR.
    [Show full text]
  • Creating Inclusive Workplaces for LGBT Employees in India
    "In a time when India is seeing a lot of positive changes that will shape the future of its LGBTQ citizens, Community Business has come out with a splendid guide which is not only comprehensive, but also deals with issues that are very specific to India in a well researched manner. Today, in 2012, it is very essential for corporates based in India to come out of the illusion that they have no LGBTQ employees on board, and create a positive environment for them to come out in. I definitely suggest every Corporate HR, Talent Acquisition, and D&I team should read the 'Creating Inclusive Workplaces for LGBT Employees in India' resource guide while shaping policies that help create a more inclusive and supportive work environment for all.” Tushar M, Operations Head (India) Equal India Alliance For more information on Equal India Alliance go to: www.equalindiaalliance.org Creating Inclusive “The business case for LGBT inclusion in India is real and gaining momentum. India plays an increasingly vital role in our global economy. Creating safe and equal workplaces is essential for both its LGBT employees and India’s continued Workplaces for economic success. Community Business’ LGBT Resource Guide for India provides an invaluable tool for businesses in India to stay competitive on the global stage – and be leaders for positive change there.” LGBT Employees Selisse Berry, Founding Executive Director Out & Equal Workplace Advocates For more information on Out & Equal Workplace Advocates go to: www.OutandEqual.org in India “Stonewall has been working for gay people’s equality since 1989. Our Diversity Champions programme works with the employers of over ten million people globally improving the working environment for LGB people.
    [Show full text]
  • Section 377 and the Dignity of Indian Homosexuals
    Section 377 and the Dignity of Indian Homosexuals This paper seeks to determine the extent and manner in which the proscription of “carnal intercourse against the order of nature” under Section 377 of the Indian Penal Code, 1860 makes criminals out of homosexuals. Section 377 is not merely a law about anal sex alone, but applies to homosexuality in general. The lack of a consent- based distinction in the offence has made homosexual sex synonymous to rape and equated homosexuality with sexual perversity. Section 377 is the biggest affront to the dignity and humanity of a substantial minority of Indian citizens. The decriminalisation of sodomy will contribute directly to restoring the dignity of homosexuals and allow the gay movement to emerge from the shadows. ALOK GUPTA s the criminal proscription under Section 377 of the Indian impossible. Part III of the paper further argues that the Penal Code, 1860 confined to certain sexual acts or homo- mere presence of a law like 377 in its current form, creates Isexuality in general? This question is inspired by the dismissal apprehensions of arrest and fear among gays, bisexuals, and of a recent petition challenging the constitutionality of this the transgender people in India – evident through an overwhelming anti-sodomy provision of the Indian Penal Code, 1860 (hereafter evidence of blackmail, sufficient to constitute a “cause of action” S 377). The challenge to the law was brought by Naz India, an by itself. NGO working on health-related issues of men who have sex Part IV of the paper finally concludes that decriminalisation with men (MSM).
    [Show full text]
  • Discovering the Intercultural and Citizenship Calendar 2021-2022
    DISCOVERING THE INTERCULTURAL AND CITIZENSHIP CALENDAR 2021-2022 Coordination and content Direction de l’intégration linguistique et de l’éducation interculturelle Réseau éducatif anglophone, relations interculturelles et Autochtones Title of original document: À la découverte du Calendrier interculturel et citoyen 2021-2022 For additional information, contact: General Information Ministère de l’Éducation 1035, rue De La Chevrotière, 21e étage Québec (Québec) G1R 5A5 Telephone: 418-643-7095 Toll-free: 1-866-747-6626 An electronic version of this document is available on the Ministère’s Web site at: education.gouv.qc.ca © Gouvernement du Québec ISBN 978-2-550-89567-1 (PDF) ISBN 978-2-550-89565-7 (French, PDF) Legal Deposit – Bibliothèque et Archives nationales du Québec, 2021 21-063-03A-2 Table des matières Introduction 2 Additional information 3 Comments on celebrations whose date varies from year to year and on the different calendars in use around the world 4 The New Year according to different calendars 5 2021-2022 School Year 5 Celebrations and commemorations in the intercultural and citizenship calendar 2021-2022 6 July 6 August 9 September 11 October 14 November 18 December 22 January 25 February 26 March 31 April 36 May 41 June 45 DISCOVERING THE INTERCULTURAL AND CITIZENSHIP CALENDAR 2021-2022 Introduction The Intercultural and Citizenship Calendar produced by the Direction de l’intégration linguistique et de l’éducation interculturelle (DILEI) presents a variety of religious celebrations, as well as Québec, Canadian and international historical and cultural celebrations. The calendar makes no claim to be exhaustive. It covers the whole year and is updated every year as the dates of some celebrations vary from year to year (see below Comments on celebrations whose date varies from year to year, and on the different calendars in use around the world).
    [Show full text]
  • Lack of Human Rights for LGBT. (Gautami Seth)
    www.whiteblacklegal.co.in ISSN: 2581-8503 VOLUME 2 : ISSUE 7 || MARCH 2021 || Email: [email protected] Website: www.whiteblacklegal.co.in 1 www.whiteblacklegal.co.in ISSN: 2581-8503 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of White Black Legal – The Law Journal. The Editorial Team of White Black Legal holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of White Black Legal. Though all efforts are made to ensure the accuracy and correctness of the information published, White Black Legal shall not be responsible for any errors caused due to oversight or otherwise. 2 www.whiteblacklegal.co.in ISSN: 2581-8503 EDITORIAL TEAM EDITOR IN CHIEF Name - Mr. Varun Agrawal Consultant || SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9990670288 Email - [email protected] EDITOR Name - Mr. Anand Agrawal Consultant|| SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR (HONORARY) Name - Smt Surbhi Mittal Manager || PSU EDITOR(HONORARY) Name - Mr Praveen Mittal Consultant || United Health Group MNC EDITOR Name - Smt Sweety Jain Consultant||SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR Name - Mr. Siddharth Dhawan Core Team Member || Legal Education Awareness Foundation 3 www.whiteblacklegal.co.in ISSN: 2581-8503 ABOUT US WHITE BLACK LEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters.
    [Show full text]
  • 3 This Alien Legacy: the Origins of 'Sodomy' Laws in British Colonialism
    3 This alien legacy: the origins of ‘sodomy’ laws in British colonialism Human Rights Watch Editors’ note: This abridged version of the original 2008 report – written by Alok Gupta with contributions by Scott Long – has been substantially edited to reduce the length, including via removal of Chapter III and without additions or updates. Omitted text is shown by ‘[…]’. Readers are strongly encouraged to also consult the original full report, available online from Human Rights Watch (2008a) at www.hrw.org/reports/2008/12/17/alien-legacy-0 (accessed 22 March 2013). I. Introduction Three trials In 2008, a case stood unresolved before India’s High Court, calling for reading down Section 377 of the Indian Penal Code. That provision, almost 150 years old, punishes ‘carnal intercourse against the order of nature with any man, woman or animal’ with imprisonment up to life.1 This law, understood to criminalise consensual homosexual conduct, allows the state to invade the lives and intimacies of millions of adult Indians. Five years earlier in the long-running case, India’s Ministry of Home Affairs had submitted an affidavit supporting Section 377. It said: ‘The law does not 1 As explained below, most law derived from British colonialism makes no distinction between homosexual acts committed with or without consent, or between homosexual acts committed by adults as opposed to adults’ abuse of children. Therefore, the petition aims to ‘read down’ rather than strike down the law. It asks the Court to state that consensual homosexual acts between adults are no longer criminal under the provision, while leaving intact Section 377’s application to non- consensual acts and to children – until India passes a modern, gender-neutral rape law and provides express legal protection for male children against sexual abuse.
    [Show full text]
  • Acceptance of LGBT Community: Rhetoric Or Reality
    © 2019 JETIR May 2019, Volume 6, Issue 5 www.jetir.org (ISSN-2349-5162) Acceptance of LGBT community: Rhetoric or Reality Maj.Gen Rajinder Kumar AVSM, SM, VSM (Retd), Director,ALS, Amity University Madhya Pradesh Dr.Saroj Choudhary, Assistant Professor, Amity Law School, AUMP ABSTRACT Sep 6, 2018 let’s celebrate this day because the Honourable Supreme Court as this day in Navtej Singh Johar’s case decriminalised all consensual sex among adults in private including homosexual act executor sex with minors, non- consantal sexual acts as rape and bestiality, it is proved at the end that love wins all. Let us all accept ourselves, the country is evolving let us evolve, love out loud, come out loud, stop screaming inside, let’s start living and loving because love is love and it is beyond age, religion and sexuality. This research will not more be called as an issue now because the LGBT community has got its identity they are no more criminals now, they can no more be held to any conviction under section- 377 of I.P.C. This research will examine the struggle of our heroes of LGBT community from the past decade to the present day and will find out solutions to make LGBT not only law proved but also sociologically approved. INTRODUCTION “a gender- equal society would be one where the word ‘gender’ does not exist; where everyone can be themselves” Rightly said by- Gloria Steinem. “History ones an apology to the members of this community and then families, so this delay in providing reprisal for its ignominy and ostracism that they have suppressed through the centuries.
    [Show full text]