Decriminalising Homosexuality: A Brief Overview

profile
Aritra Sarkar
Mar 14, 2019   •  217 views

The battle for decriminalisation of homosexuality started in the year of 1994 by a petition filed by the NGO AIDS Bhedbhav Virodhi Andolan for recognition of homosexual rights in India. Then it was carried forward by the NGO Naz Foundations. In the legislative sphere the fight for LGBT rights was sparked by Shashi Tharoor, who passed a bill on the same contention in the Lok Sabha. Later on, the Supreme Court realised the importance of giving recognition to homosexual rights and it legalised homosexuality and separated it from section 377 in 2018. By criminalising homosexuality, we waive of the rights provided by article 14, article 15, article 16, article 19 as well as article 20.

Right to equality under article 14 was violated by criminalising homosexuality since we were discriminating on a particular group in the society by criminalising their sexual behaviour. By Criminalising homosexuality, the state violated its duty under article 15 (prohibition of discrimination under the basis of sex). Homosexuality being a crime the LGBT people were not given proper employment and were even fired from employment in some cases after knowing about their homosexuality. This violated their fundamental right under article 16 of the constitution. The LGBT people were even scared to disclose information about sexually transmitted diseases and other such diseases which is based on some sexual acts as we will see in the case of AIDS Bhedbhav Virodhi Andolan. In other words, their right to expression under article 19(1)(a) was violated. Article 21 provides all citizens with the right to live with dignity which was also violated. Due to criminalisation of homosexuality the LGBT people were harassed by the police officers and other authorities but still they could not approach the court to seek remedies.

After a long-term fight against the provision of section 377 of IPC, finally the court gave the verdict decriminalising homosexuality and thus marked an end to the age-old war between law and tradition but legal recognition is yet to be achieved.

The buggery act which originally brought into purview the section 377 and due to which the whole controversy about the homosexuality arises was brought in India by the British some 150- years ago. At that primitive time the laws and even jurisprudence of the judges of a place was very subjective. They were governed by the traditions and the cultures of that place. Importance to reasonableness and rationality was not given importance at all. This may have been the case of the society some 150 years ago. But today when the judicial and the legal system all over the world has changed so subsequently so as to make reasonableness and rationality as the basis of today’s jurisprudence. In today’s situation it is totally unjustifiable to waive off the fundamental rights of the homosexuals who form a particular section of the society.

By the historic judgement of the Supreme Court in Navtej Singh Johar v. Union of India, homosexuality will not be any more considered as an offence but a natural act as long as it’s within the boundaries of law.

13



  13

Profile of Partha Sarkar
Partha Sarkar  •  4y  •  Reply
It has social implications
Profile of Ranjana Sarkar
Ranjana Sarkar  •  4y  •  Reply
Good information
Profile of Partha Sarkar
Partha Sarkar  •  4y  •  Reply
Beautiful
Profile of Krishna Gopal Ray
Krishna Gopal Ray  •  4y  •  Reply
Good
Profile of Partha Sarkar
Partha Sarkar  •  4y  •  Reply
Nice
Profile of Supratim Paul
Supratim Paul  •  4y  •  Reply
Excellent
Profile of Arup Kar
Arup Kar  •  4y  •  Reply
Good
Profile of Sayantan Khan
Sayantan Khan  •  4y  •  Reply
Good
Profile of Partha Sarkar
Partha Sarkar  •  4y  •  Reply
Not bad
Profile of Prahlad Sarkar
Prahlad Sarkar  •  4y  •  Reply
Good
Profile of Jyotishankar Das
Jyotishankar Das  •  4y  •  Reply
Classic
Profile of Rupa Paul
Rupa Paul  •  4y  •  Reply
👍👍
Profile of Dwijen Banerjee
Dwijen Banerjee  •  4y  •  Reply
Very good
Profile of Bishwajit Paul
Bishwajit Paul  •  4y  •  Reply
Nice
Profile of Rakhi Chakraborty
Rakhi Chakraborty  •  4y  •  Reply
Very good.
Profile of Somnath Bose
Somnath Bose  •  4y  •  Reply
Very good
Profile of Somnath Bose
Somnath Bose  •  4y  •  Reply
Very good
Profile of Mrinmoy Pratihar
Mrinmoy Pratihar  •  4y  •  Reply
Real fact
Profile of Moumita Pratihar
Moumita Pratihar  •  4y  •  Reply
Wonderful
Profile of Ankan Gangopadhyay
Ankan Gangopadhyay  •  4y  •  Reply
Nice
Profile of Saikat Dey
Saikat Dey  •  4y  •  Reply
Good
Profile of Pranab Paul
Pranab Paul  •  4y  •  Reply
👏👏
Profile of Dipak Das
Dipak Das  •  4y  •  Reply
Good
Profile of Jyotishankar Das
Jyotishankar Das  •  4y  •  Reply
Very nice
Profile of Partha Sarkar
Partha Sarkar  •  4y  •  Reply
Good
Profile of Sourav Sarkar
Sourav Sarkar  •  4y  •  Reply
exactly.... good
Profile of Sayantan Biswas
Sayantan Biswas  •  4y  •  Reply
Nice
Profile of Krishna Gopal Ray
Krishna Gopal Ray  •  4y  •  Reply
Nice
Profile of Prahlad Sarkar
Prahlad Sarkar  •  4y  •  Reply
Good
Profile of Prahlad Sarkar
Prahlad Sarkar  •  4y  •  Reply
Execelent
Profile of Shreyasi Das
Shreyasi Das  •  4y  •  Reply
Excellent
Profile of Mainak Sarkar
Mainak Sarkar  •  4y  •  Reply
Very good idea
Profile of Biswadeep Ghosh
Biswadeep Ghosh  •  4y  •  Reply
Excellent
Profile of Bishwajit Paul
Bishwajit Paul  •  4y  •  Reply
Excellent
Profile of Bishwajit Paul
Bishwajit Paul  •  4y  •  Reply
Excellent
Profile of Ganabrata Bhattacharya
Ganabrata Bhattacharya  •  4y  •  Reply
Very nice
Profile of Ranjana Sarkar
Ranjana Sarkar  •  5y  •  Reply
Nice idea
Profile of Ranjana Sarkar
Ranjana Sarkar  •  5y  •  Reply
Very good