The word homosexuals literally means as ‘of the same sex, being a
hybrid of the Greek prefix homo-meaning ‘same’ and Latin root
meaning ‘sex’. Homosexuality is a sexual orientation characterized by
sexual attraction or romantic love exclusively for people who are
identified as being of the same sex. People who are homosexual,
particularly males are known as ‘gay’, gay females are known as
‘lesbians’. That is homosexual marriages, sometimes referred to as
gay marriage, indicates a marriage between two persons of the same
The idea of human rights rests on the central premise that all
humans are equal. It follows that all humans have dignity and all
humans should be treated as equal. Anything that undermines that
dignity is a violation, for it violates the principle of equality and paves
the way for discrimination.
The human rights of lesbian, gay, bisexual, transgender and intersex
people (LGBTI) are coming into sharper focus around the world, with
important advances in many countries in recent years, including the
adoption of new legal protections. The preamble to the Indian
Constitution mandates justice — social, economic, and political
equality of status — for all. The right of equality before law and equal
protection under the law is guaranteed in Articles 14 and 21 of the
Constitution. In April 2014, the Supreme Court of India ruled inNALSA
vs Union of India that the rights and freedoms of transgender people
in India were protected under the Constitution; in September 2018, the
Supreme Court also decriminalized adult consensual same-sex
relationships in the Section 377 judgment review. These judgments
are considered a landmark both in terms of their expansive reading of
constitutional rights and in empowering LGBT persons. Both
judgments mark an important moment for LGBT rights that not only
reversed a relic of British imperial rule but also ordered that LGBT Indians be accorded all the protections of their constitution. This was
a welcome victory, but it does not necessarily mean that LGBT people
in India are fully free or perceived as equal among their fellow citizens.
It underscores how much work remains to be done in India and the
rest of the world to overturn antiquated and repressive anti-gay laws.
India is a vast and diverse country and attitudes towards this subject
and experiences of LGBTI individuals vary vastly. The disparity
between urban and rural India, language, caste, class and gender add
further complexities to understanding this topic more fully. But what
we do know is that India’s LGBT citizens are not a “minuscule
minority”. They have a voice that is strong and refuses to be silent
any longer in their efforts to reclaim equality.
Indian Society and Homosexuality.
In India, so far no such progressive changes have taken place as
regards social and legal recognition and homosexuals remain victims
of violence in different forms supported by the state and society. In
India from a scattered group of a few hundred, homosexuals are at
present ten crore strong and growing community evolving its own hip
and happenings. They are weaving there way from metros into semi-
urban societies both online as well as offline. This number is
gradually increasing with more and more such people coming out of
the closet. While Delhi and Mumbai (with five lakh gays each) and, to a
lesser extent, Bangalore and Calcutta are the hub of the Indian gay
movement, people from smaller towns in Gujarat, Maharashtra and
Bihar are also coming out. These Indian gays are talking live in chat
rooms, looking for soul mates, falling in love, having sex on the net
and crossing cities to be with each other in real . This shows that
homosexual relationships are not unheard of in India, but they
generally exist in the country’s larger cities where people can be more
open about their sexuality. A number of cities and larger towns, such
as Karnataka, Delhi, Mumbai, Calcutta, Bangalore, Hyderabad, Pune,
Chennai, Patna, Luck now, Akola, Trichi and Gulbarga, had a number
of resources for gays, lesbians and transgender communities that
include – help-lines, publications/newsletters, health resources, social
spaces and drop-in centers. In recent past the homosexual community
of Calcutta, Mumbai and Banglore also hosted the gay pride march. All the above instances show that the homosexual community in India
is visible and is gradually becoming vocal in their demand.
Legal Status of Homosexuals in India
Section 377 of the Indian Penal Code (1860) relates to Unnatural
Offences and includes homosexuality within its domain. In India this
Law relating to homosexuality was adopted from the British penal
code dating to 19th century. Section 377 states: “Whoever voluntarily
has carnal intercourse against the order of nature with any man,
woman or animal, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten
years and shall also be liable to fine.” Similarly section 292 of IPC
refers to obscenity and there is ample scope to include homosexuality
under this section. Also section 294 of Indian Penal Code, which
penalizes any kind of “obscene behaviour in public”, is also used
against gay men. It is important to note here that in England the
offence of homosexuality between consenting partners has been
abolished by the Sexual Offenders Act 1967 (that is in the country of
origin of this law) whereas in India, the consent is quiet immaterial for
constituting an offence as defined under this section. Thus in India it
is primarily section 377 which explains and defines unnatural
offences. It is this section which makes Homosexuality illegal with life
imprisonment or with imprisonment for ten years with fine.
Hence these shows that India is trying her best to Accept
homosexuality. India make many petition to help these community
from harassment and from torture.
OPINION OF THE WRITER.
In my opinion I should appreciate the India’s kind decision of
welcoming and accepting the Homosexuality community.
I hope one day all the homosexual will get their proper rights to live
with their family and become more popular and get a bright future.
In my opinion I wish everyone accepts these community with warm
welcome and help them to reach their aim .