Contents:
- EXPLAED | HOW WE GOT HERE: A BRIEF HISTORY OF LGBT RIGHTS AND LAWS INDIAFROM ANCIENT INDIA TO THE 21ST CENTURY, THE LGBT MUNY HAS FOUND REPRENTATN, FACED OPPRSN MANY FORMS.VISHNU GOPATHPUBLISHED: 06 SEP 2022, 12:39 PM ISTEXPLAERS6 M READISHARE THE QUT DAILY
- SECTN 377: AN ARDUO JOURNEY FOR GAY RIGHTS
EXPLAED | HOW WE GOT HERE: A BRIEF HISTORY OF LGBT RIGHTS AND LAWS INDIAFROM ANCIENT INDIA TO THE 21ST CENTURY, THE LGBT MUNY HAS FOUND REPRENTATN, FACED OPPRSN MANY FORMS.VISHNU GOPATHPUBLISHED: 06 SEP 2022, 12:39 PM ISTEXPLAERS6 M READISHARE THE QUT DAILY
In India, the ncept of homosexualy has been succsfully kept unr ver for many years. There is a major issue as the discrimatn agast the LGBTQ muny is highly prevalent the Indian society where people still nsir “gay-sex” a taboo.
Even though homosexualy and queer inti have been accepted by the prent Indian youth, but wh the boundari of fai and hom, acceptance remas a nstant stggle for the people of the muny.
This sectn was challenged for the first time 2001, when the Naaz Foundatn, an NGO, approached the Delhi High Court and filed a public tert ligatn, seekg legalisatn of homosexual activi between two nsentg adults. The gay rights activists said that sectn 377 nied a person’s digny and crimalised his re inty solely on the acunt of his sexual preference and th vlat Article 21 of the nstutn. After fightg an 8 years longs legal battle, 2009, a victory for the gay rights activist, the Delhi High urt crimalised sex between two nsentg adults of the same genr.
SECTN 377: AN ARDUO JOURNEY FOR GAY RIGHTS
The Bench s 105-page judgement allowg the plea held that Sectn 377 ni a gay person of the right to full personhood which is implic notn unr Article 21 of the Indian Constutn. A BJP spokperson, Shaa NC, stated that her party was support of crimalisatn of homosexualy and that was the progrsive way to move forwards. 6th September, 2018, beme one of the most important day for the LGBTQ muny as the Supreme Court of India stct down Sectn 377 and led that, nsensual homosexual activi between two people would no longer be nstuted as a crime.
Although the untry terpreted Article 15 of the Constutn and prohibed any form of discrimatn agast the homosexual, many other legal provisns have not been provid for which clus same-sex marriage. Some jurisdictns through regulatns perm full-fledged marriage between same-sex upl while other jurisdictns lay down the punishments for homosexual relatnships.
Gay sex ntu to be a taboo India, pecially ral areas where a majory sectn is homophobic and nsirs a crime. On January 2020, a petn was filed Kerala by a gay uple who got married July 2018 and were livg together sce then. First of all, is time that we stop nsirg homosexualy as an “offence: or a “mental illns”.