Section 377 of IPC, code 1860 legalize In 2018 by the Supreme Court end justified
the liberty of the LGBTQ IA society. India was also one of countries where
homosexuality was prohibit and people of the LGBT society where harassed and
abused. This section will discuss the biography of homosexuality in India section
377 of IPC and they violate the fundamental right of citizens.
The term homosexuality means the man who is sexually interested to people of
their similar sex. It is a deep love and attachment between two people of same
sex. Homosexuality was widely accepted in ancient Greek and important part of
Greek literature religion and everyday life.
HOMOSEXUALITY IS THE CONTENTIOUS TOPIC
Homosexuality is a complicated and contentious topic. In the current years,
acceptance of homosexuality has grown significantly, but it quite remains a topic
of discussion. The collision of homosexuality on society is both positive and
negative,on the positive side, homosexuality has develop more recognised in
society. In many countries, same -sex marriage is now legal and lesbian partner
are permitted to adopt children. In many association, lesbian relationships were
seen as something to be embarassed,and many people awkward talking over the
topic in public. But when the legalization of same-sex marriage person are
becoming more comfortable talking over their relationships and sexuality in public
and this had positive result on society and also allowed lesbian couples enjoy the
same rights as hetrosexual couples and encourage to diminish discrimination in
TABOO IN THE SOCIETY REGARDING HOMOSEXUALITY
Research shows that the perspective concerning homosexuality are specifically
very vulnerable in the society. It reply upon on the culture and religious
background. Some community in the society trust homosexuality to be an illness
and that it might be reformed where LGBT people often face disallowance from
their families and pressured opposite sex marriages. But I think everyone who is
alive in this world, either normal or abnormal has similar rights to live in the
society with full respect.
PSYCHOLOGICAL EFFECT OF HOMOSEXUALITY
Homosexuality suffers from since 1975, psychologist take the lead in withdraw the
blotch of mental illness has been long associated with lesbian, gay and bisexual
orientations. The prejudice and discrimination that society who analyze as LGBT
periodically experience have been shown to negative psychological effects. This
range of habit and attraction has been explain various culture and nations through
the world. Many cultures explain people who express the attractions.
Sexual orientation is commonly discussed were solely a characteristic specific, like
biological sex, gender identity, or age. This is incomplete because sexual
orientation is defined it terms of relationships with others. Sexual orientation is
closely fixed to the intimate personal relationships deeply needs for love,
attachment, and intimacy. Sexual intercourse physical affection between partners,
mutual support, and ongoing commitment.
DISCRIMINATION THE LGBTQ FACED
Discrimination against lesbian, gay and bisexual are reflected in everyday. They are
always used to excuse unequal treatment of LGBT people. For example:-
boundaries on job opportunities, and discrimination may also have negative
consequences, LGBTQ have to face lots of prejudices and have to bear the create
negative impacts on them in terms of mutual as well as physical health. Sexual
orientation are major violence and discrimination sources for LGBT and social
support stress , discrimination make it difficult for LGBT people to find such
Article 21 of the Indian constitution talks about protection of life and personal
liberty. This rights protects gender privacy also and it quarantees rights to both
the aliens and citizens of India. Article 21 applicable not only to male and female
but it also applicable to both neutral gender including LGBTQUIA+.
Case law:- Naz foundation government v/s NCT(2009)
High court held that section 377 of IPC,1860 supported decriminalisation of
homosexuality and declared unconstitutional and it also protect the fundamental
rights including Art 14,15,19&21 of the constitution of India first time court
decriminalised the homosexuality in India because the 2 adults engaged in sexual
intercourse by there Mutual consent.
Case Law:- K.S. putaswammy v/s UOI 2017
Supreme court of India the 9 judges bench rectifying the judgement given in the
case of Suresh Kumar Sharma vs Naz foundation 2013. Equality in sexuality of
each individual be protected. Population of LGBT can’t be deprived from their
basic human rights.
IS HOMOSEXUALITY IS A MENTAL DISORDER
No LGBT are not mental disorders. Homosexual behaviour and heterosexual
behaviour Both are normal aspects of human sexuality. In this country mental
health organizations conclude that normal forms of human experience. LGBT are
normal forms of human bonding.
Article 14, 15, 21 are co-related with the homosexuality. Before the Delhi High
court held that homosexuality violates the equal protection under article 14 of the
constitution and treating in equal way. Article 15 and 21 talks about that no one
can deprive them from enjoying their life.
In 2018 homosexuality as a result of supreme court civil rights and liberties such
as marriage adoption are unavailable to both gays and transgender people. But
after than four years homosexuality was discriminalised and Indians government
establishing LGBTQIA+. Times are changing and public morality as well. In past
time acknowledge that homosexuality couples have the same constitutional right
to enjoy all the rights of married couple and go to the higher education, schooling
no physical and mental harrassment at the workplace. LGBT people are also
human being like others so they don’t justify themselves. If two person enjoy to
happily live together with their consent then no one can stop them.