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Re vi e w A rt icl e

A Need to Know Lgbt Rights

Dr. K.Sangeetha M.A.M.L, Ph.D (Law), P.G.D.HRM, P.G.D.IT *
Assistant Professor, Department of Environmental Law, Dr. Ambedkar Law University, Chennai, India

*Corresponding Author Abstract: Lesbian, Gay, Bisexual and Transgender (LGBT) people in India face both Legal and Social
Dr. K.Sangeetha M.A.M.L difficulties not experienced by non LGBT persons. Sexual activity between two persons of the same sex is
Email: criminalised, and is punishable by incarceration in the eye of Law in India. However, India does, legally
Article History recognise Hijras as a gender separate from Men or Women, making the Country one of the few in the World to
Received: 04.01.2020 legally recognise a Third Gender’s Rights.
Accepted: 15.01.2020 Keywords: LGBT Rights, Constitution of India, Law in India, Supreme Court.
Published: 29.01.2020

Copyright @ 2019: This is an open-access article distributed under the terms of the Creative Commons Attribution license which permits
unrestricted use, distribution, and reproduction in any medium for non commercial use (NonCommercial, or CC-BY-NC) provided the original
author and source are credited.

frequently changing its stand on the issue. "Don't make a mockery

INTRODUCTION: of the system and don't waste the Court's time," an Apex Court
Lesbian, Gay, Bisexual and Transgender (LGBT) people Judge told the Government.
in India face both Legal and Social difficulties not experienced by
non LGBT persons. Sexual activity between two persons of the On 11 December 2013, the Supreme Court set aside the
same sex is criminalised, and is punishable by incarceration in the 2009 Delhi High Court order decriminalising consensual
eye of Law in India. However, India does, legally homosexual activity within its jurisdiction. The Bench of
recognise Hijras as a gender separate from Men or Women, Justices G. S. Singhvi and S. J. Mukhopadhaya however noted that
making the Country one of the few in the World to legally parliament should debate and decide on the matter. On January
recognise a Third Gender’s Rights. 28, 2014 Supreme Court dismissed the review Petition filed
by Central Government and a NGO Naz Foundation and several
Law regarding Same-Sex Sexual Activity: others, against its December 11 verdict on Section 377 of IPC. In
Homosexual Intercourse was made a Criminal offence explaining the ruling the bench said: "While reading down Section
under Section 377 of the Indian Penal Code, 1860. This made it an 377, the High Court overlooked that a minuscule fraction of the
offence for a person to voluntarily have "Carnal Intercourse Country’s population constitutes Lesbians, Gays, Bisexuals or
against the order of nature." In 2009, the Delhi High Court Trans-Genders, and in the more than 150 years past, less than
decision in Naz Foundation v. Govt. of NCT of Delhi 1 Respondents 200 persons have been prosecuted for committing offence under
found Section 377 and other Legal prohibitions against private, Section 377, and this cannot be made a sound basis for declaring
adult, consensual, and non-commercial same-sex conduct to be in that Section stands ultra vires to Constitution of India Articles 14,
direct violation of fundamental rights provided by the Indian 15 and 21.
Constitution.
Various Human Rights Groups expressed worries that
According to a ruling by the Indian Supreme Court, this would render homosexual couples vulnerable to police
decisions of a High Court on the Constitutionality of a Law apply harassment, saying: "The Supreme Court's ruling is a
throughout India, and not just to the ‘Territory of the State’ over disappointing setback to Human Dignity and the basic Rights to
which the High Court in question has jurisdiction. However, even Privacy and Non-Discrimination”. The Naz Foundation (India)
there have been incidents of harassment on homosexual groups. Trust stated that it would file a petition for review of the Court's
Decision.
On 23 February 2012, the Ministry of Home
Affairs expressed its opposition to the decriminalisation of But this did not stop a Gurgaon Court in 2011 from
homosexual activity, stating that in India, homosexuality is seen effectively recognising a marriage between two women. After
as being immoral. The Central Government reversed its stand on marrying, the couple began to receive threats from friends and
28 February 2012, asserting that there was no Legal error in relatives in their Village. Their Lawyer said, “The Court had asked
decriminalising homosexual activity. This resulted in two judges to serve two week notice to the Victims Relatives and Villagers
of the Supreme Court reprimanding the Central Government for who had threatened them with dire consequences". Haryana has
been the centre of widespread protests by Villagers, who believe
their Village Councils, or Khaps should be allowed to impose their
1CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) own punishments on those who disobey their rulings or break
No.15436 of 2009) Suresh Kumar Koushal and another ... local traditions mainly honour killings of those who marry within
Appellants versus NAZ Foundation and others ...SCC.

Citation: Sangeetha, K. (2019). A Need to Know Lgbt Rights. Glob Acad J Humanit Soc Sci; Vol-2, Iss-1 pp-1-5.
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their own Gotra or Sub-Caste, regarded in the State as a kin to machinery, Heera won a seat at the City Council of Jabalpur,
incest. Deputy Commissioner of Police Dr. Abhe Singh told to the Meera won a similar position in Sehora, and so did Gulshan in
vernacular newspaper ‘The Daily Telegraph’: that, "The couple Bina.
has been shifted to a safe house and that they have been provided
adequate security as per the Court’s Orders. The security is In December 2000, Asha Devi became the mayor of
provided on the basis of threat perception and in this case the Gorakhpur, and Kallu Kinnar was elected to the City councilor in
couple feared that their families might be against their Varanasi. And she said in her speech that, “I am sure there are
relationship." The couple eventually won Family approval. many more Low level, Inconspicuous Bureaucratic positions that
were held by the Hijras, but did not whip up any excitement for
Trans - Gender Rights in Tamil Nadu: the media not to mention the cases where they were probably
The Tamil Nadu State in India was the first State to threatened, bullied and killed to prevent them from running for
introduce a Transgender (Hijra/ Aravani) Welfare Policy. seats”. Curiously looking to this, the recent elections had Mangesh
According to the Transgender Welfare Policy, transgender people Bharat Khandye running for the Thane Lok Sabha Seat. Shabnam
can access Free Sex Re-assignment Surgery (SRS) in the Mausi is the first Transgender in Indian or Hijra to be elected to a
Government Hospital; Free Housing Program; various Citizenship Public Office. She was an elected member of the Madhya Pradesh
Documents; Admission in Government Schools and Colleges with State Legislative Assembly from 1998 to 2003. In 2000 Shabnam
full scholarship for Higher Studies; Alternative sources of Mausi became India's first Eunuch MP.(Hijras were granted
Livelihood through formation of Self-Help Groups (for savings) Voting Rights in 1994 in India.) In 2003, Hijras in Madhya
and Initiating Income-Generation Programmes (IGP). Tamil Nadu Pradesh have announced establishing their own political party
was also the first State to form a Transgender Welfare Board with called "Jeeti Jitayi Politics" (JJP), which literally means 'politics
representatives from the transgender community. that has already been won'. The party has also released an eight-
page election manifesto which it claims outlines why it is different
In India one group of transgender people are from mainstream Political Parties.
called Hijras. They were legally granted Voting rights as a third
sex in 1994. Due to alleged Legal ambiguity of the procedure, Kalki Subramaniam, a Transgender Rights Activist,
Indian transgender individuals do not have access to safe medical Writer and an Actor, In the 2011 assembly elections, Kalki tried in
facilities for SRS. On 15th April 2014, Supreme Court of vain to get a DMK ticket. Again on March 2014 Kalki announced in
India declared Transgender people as a Socially and Economically Pondicherry that she would contest in this election
Backward class entitled to Reservations in Education and Job, and from Villupuram constituency in neighbouring Tamil Nadu. She is
also directed Union and State Governments to frame Welfare likely to be among the very few contestants fighting in the
Schemes for them. national elections from the transgender community that faces
discrimination and ridicule. On 4th January 2015, independent
On 24th April 2015, the Rajya Sabha passed “The candidate Madhu Bai Kinnar was elected as the Mayor
Rights of Transgender Persons Bill, 2014”, guaranteeing rights of Raigarh, Chhattisgarh becoming India's first openly
and Entitlements, Reservations in Education and Jobs (2% Transgender Mayor.
reservation in Government Jobs), Legal aid, Pensions,
Unemployment Allowances and Skill development for Trans- Manabi Bandopadhyay became India's first
genders. It also contains provisions to prohibit discrimination in Transgender College Principal, on 9th June 2015, when she
employment, prevent abuse, violence and exploitation of trans- assumed the role of Principal of the Krishna Nagar Women’s
genders. The Bill also provides for the establishment of Welfare College in Nadia District, West Bengal.
Boards at the Centre and State level, and for Transgender Rights
Courts. The Bill was introduced by DMK MP Tiruchy Siva, and Gender issue in TNPSC and UPSC:
marked as the first time the House had passed a private member's Transgender Swapna and Gender Activist Gopi Shankar
bill in 45 years. The Bill was passed unanimously by the House. from ‘Srishti’ (NGO) from Madurai staged the protest in Madurai
However, the Bill contains several anomalies and a lack of clarity Collectorate on 7th October 2013 demanding Reservation and to
on how various ministries will co-ordinate to implement its permit alternate genders to appear for Examinations conducted
provisions. Social Justice and Empowerment Minister Thaawar by TNPSC, UPSC, SSC and Bank Exams. Swapna, incidentally, had
Chand Gehlot stated on 11th June 2015 that the Government successfully moved the Madras High Court in 2013 seeking
would introduce a Comprehensive Bill for Transgender Rights in permission to write the TNPSC Group II exam as a ‘Woman’
the Monsoon Session of the Parliament. The Bill will be based on candidate. Swapna is the first Trans person to clear TNPSC Group
the study on Transgender issues conducted by a Committee IV exams.
appointed on 27th January 2014. According to Gehlot, the
Government intends to provide Transgenders with all Rights and
entitlements currently enjoyed by Scheduled Castes and Third Gender Literature and Studies:
Scheduled Tribes. "Vaadamalli" by Novelist Su.Samuthiram is the first
Tamil Novel about Aravani Community in Tamil Nadu published
Transgenders Participation in Indian Politics: in the year 1994. Later Transgender activist, A. Revathi is the
Shabnam Mausi was Mayor from Katni and later same first Hijra to write about Transgender issues and Gender politics
year when she became Mayor, Hira Bhai became first Trans in Tamil, her works have been translated in more than 8
Gender MLA of India from Jabalpur Constituency (Vidhanshaba languages and acting as a primary resources on Gender Studies in
seat). Asia. Her book is part of research project for more than 100
universities. She is the author of ‘Unarvum Uruvamum’ (Feelings
The All India Hijra Kalyan Sabha fought for over a of the Entire Body); is the first of its kind in English from a
decade to get their voting rights, which they finally got in 1994. In member of the Hijra community. She also acted and directed
1996 Kali stood for elections in Patna under the then Judicial several stage plays on Gender and Sexuality issues in Tamil and
Reform Party and gave the Janata Dal and the BJP a bit of a fight. Kannada."The Truth about Me: A Hijra Life Story" by Transgender
Munni ran for the elections as well from South Bombay that year. A. Revathi is part of the syllabus for Final Year students of The
They both lost, more than 13 years Hijras are participating in the American College in Madurai. The American College is the first
Politics in India. college in India to introduce Third Gender Literature and Studies
with Research Oriented Seminar and the Tamil terms for Gender
After the defeat of Kali and Munni, three years later one queer people was coined in this College by Gender Activist Gopi
Kamla Jaan participated and won the position of the mayor of Shankar. Later “Naan Saravanan Alla” (2007) and Vidya's “I am
Katni in MP. Then there was Shabnam Mausi, who was elected to Vidya” (2008) became first Trans Woman autobiography.
the Legislative Assembly in 2002 as well. In the huge political

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Gay Literature Studies: Opposition and Criticism:

In 2013 The American College Madurai's offers an Convictions are extremely rare, and in the last Twenty
undergraduate Course in the English Department included Funny years there have been no convictions for homosexual relations in
Boy by Shyam Selvadurai as part of syllabi under Gay Literature India. However, Human Rights Watch argues that the Law has
and Marginalized Studies. been used to harass Transgenders and Homosexual all over in
India. Government takes support steps to curb
SECTION 377 OF IPC: (LEGAL STRUGGLE): HIV/AIDS prevention efforts, create Health Awareness as well
SECTION377, (Unnatural offences): Whoever as creating awareness to sex workers, homosexuals, and other
voluntarily has Carnal Intercourse against the order of Nature groups at risk of the disease. The People's Union for Civil
with any man - man, woman - woman or animal, shall be Liberties has published two reports of the Rights violations faced
punished with imprisonment for life, or with imprisonment of by Sexual Minorities and, in particular, Transsexuals in India.
either description for term which may extend to ten years, and
shall also be liable to fine. In 2006 it came under criticism from Indian Literary
Society, most prominently from Vikram Seth. The Law
Explanation: Penetration is sufficient to constitute the subsequently came in for criticism from several Ministers, most
Carnal Intercourse necessary to the offense described under this prominently Anbumani Ramadoss and Oscar Fernandes. In 2008,
section. a Judge of the Bombay High Court also called for the scrapping of
the provision from the Law.
The ambit of Section 377 of IPC extends to any Sexual
Union involving Penile Insertion. Thus, even Consensual Homo-
Sexual acts such as Fellatio and Anal Penetration may be LEGAL ISSUES:
punishable under this Law in India. The Judgement of the High Court of Delhi on 2nd July
2009 declared portions of Section 377 as Unconstitutional
PUBLIC OPINION: Consensual Sex among adults Naz Foundation v. Govt. of NCT of
In 2008 Additional Solicitor General, P.P. Malhotra said: Delhi. The movement to repeal Section 377 was initiated by AIDS
“Homosexuality is a Social issue and the State has the power to Bhedbhav Virodhi Andolan in 1991. Their historic publication,
control it. [Decriminalising Homo-Sexuality] may create breach of “Less than Gay: A Citizen's Report,” spelled out the problems with
peace. If it is allowed then evils of AIDS and HIV would further 377 and asked for its repeal. In 1996 an article in Economic and
spread and harm the people. It would lead to a big health hazard Political Weekly by Vimal Balasubrahmanyan titled, 'Gay Rights in
and degrade moral values of society." A view similarly shared by India', chronicles spotlighted the issue. As the case prolonged
the former Home Ministry. over the years, it was revived in the next decade, led by the Naz
Foundation (India) Trust, an activist group, which filed a Public
The 11th December 2013 Judgement of the Supreme Interest Litigation in the Delhi High Court in 2001, seeking
Court, upholding Section 377 was met with support from Legalisation of homosexual intercourse between consenting
Religious Leaders. The Daily News and Analysis called it "The adults.
Univocal Unity of Religious Leaders in expressing their
homophobic attitude. Usually divisive and almost always seen The Naz Foundation worked with a Legal team to
tearing down each other’s Religious Beliefs, Leaders across engage Senior Council’s from the Lawyers Collective Group to
sections came forward in decrying homosexuality and expressing appear on their behalf before the Court of Law. In 2003, the Delhi
their solidarity with the judgment." High Court refused to consider a petition regarding the legality of
the Law, saying that the petitioners had no locus standi in the
The news added that Baba Ramdev India's well known matter. Since nobody had been prosecuted in the recent past
Yoga Guru, after praying that Journalists not "Turn Homosexual” under this section it seemed unlikely that the section would be
stated he could cure homosexuality through yoga and called it a struck down as illegal by the Delhi High Court in the absence of a
bad addiction. The Vishwa Hindu Parishad's Vice-President, Om petitioner with standing. Naz Foundation appealed to the
Prakash Singhal said, “This is a right decision, we welcome it”. Supreme Court against the decision of the High Court to dismiss
Homosexuality is against Indian Culture, against Nature and the petition on technical grounds. The Supreme Court decided
against Science. We are regressing, going back to when we were that Naz Foundation had the standing to file a PIL in this case and
almost like animals. The SC had protected our Culture.” The sent the case back to the Delhi High Court to reconsider it on
article states that Singhal further went to dismiss HIV/AIDS merit.
concerns within the LGBT community as, “It is understood that
when you try to suppress one anomaly, there will be a break-out Subsequently, there was a significant intervention in
of a few more.” (Traditionally, Indian culture, or at least the case by a Delhi based coalition of LGBT, women's and human
Hinduism, has been more ambivalent about homosexuality than rights activists called 'Voices against 377', which supported the
Singhal suggests). demand to 'Struck Down' section 377 to exclude adult consensual
sex from within its purview. The Indian Author Rajesh Talwar
Maulana Madni of the Jamiat Ulema echoes this in his wrote a satirical play on Section 377 titled 'Inside Gay Land'
interview to Journalists, stating that “Homosexuality is a Crime where a young Lawyer visits a planet where homosexuality is the
according to Scriptures and is Unnatural”. People cannot consider norm and heterosexuality is criminalised.
themselves to be exclusive of a Society. In a Society, a family is
made up of a Man and a Woman, “not a woman and a woman, or a In May 2008, the case came up for hearing in the Delhi
man and a man.” Rabbi Ezekiel Issac Malekar, Honorary Secretary High Court, but the Government was undecided on its position,
of the Judah Hyam Synagogue, in upholding the Judgment was with The Ministry of Home Affairs maintaining a contradictory
also quoted as saying “In Judaism, our Scriptures do not permit position to that of The Ministry of Health on the issue of
Homosexuality." Reverend Paul Swarup of the Cathedral Church enforcement of Section 377 with respect to homosexuality. On 7
of the Redemption in Delhi in stating his views on what he November 2008, the seven-year-old petition finished hearings.
believes to be the unnaturalness of homosexuality, stated The Indian Health Ministry supported this petition, while the
“Spiritually, human sexual relations are identified as those shared Home Ministry opposed such a move. On 12 June 2009, India's
by a man and a woman. The Supreme Court’s view is an new law minister Veerappa Moily agreed that Section 377 might
endorsement of our Scriptures.” be outdated.

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Eventually, in a Historic Judgement delivered on 2th established principles of law laid down by the apex Court
July 2009, Delhi High Court overturned the 150 year old enunciating the width and ambit of Fundamental Rights under
section, Legalising consensual homosexual activities between Articles 14, 15 and 21 of the Constitution.” The IPC, when enacted
adults. The essence of the section goes against the Fundamental in 1860, was justified; but with the passage of time it had become
Right of Human Citizens, stated the High Court while striking it arbitrary and unreasonable, the petition added. Naz Foundation
down. In a 105 page Judgement, a Bench of Chief Justice Ajit has also filed a review petition against the Supreme Court order
Prakash Shah and Justice S Muralidhar said that if not amended, on Section 377. On January 28, 2014 Supreme Court dismissed
section 377 of the IPC would violate Article 14 of the Indian the review Petition filed by Central Government, NGO Naz
Constitution, which states that, “every citizen has equal Foundation and several others, against its December 11 verdict
opportunity of life and is equal before law”. The Two Judge Bench on Section 377 of IPC.
went on to hold that:
Responses:
Days Later and influenced by the Devyani Khobragade
“There is one Constitutional Tenet that can be said to be incident, former Finance Minister Yashwant Sinha called for the
underlying theme of the Indian Constitution; it is that of arrest of same sex companions of US diplomats, citing
'inclusiveness'. This Court believes that an Indian the Supreme Court of India's recent upholding of Section 377 of
Constitution respects and reflects this value deeply the Indian Penal Code. The decriminalisation of gay sex comes
ingrained in Indian Society, nurtured over several under fire from World leaders. The United Nations human rights
generations. The inclusiveness that Indian Society Chief Navi Pillay voiced her disappointment at the re-
Traditionally displayed, literally in every aspect of life, is criminalisation of consensual same sex relationships in India,
manifest in recognising a role in Society for everyone. calling it “a significant step backwards” for the Country. In the
Those perceived by the majority as "deviants' or wake of Indian Supreme Court's ruling that gay sex is illegal. UN
'different' are not on that score excluded or ostracised.” Chief Ban Ki-Moon stressed on the need for equality and opposed
any discrimination against Lesbians, Gays and Bisexuals. Soon
“Where society can display inclusiveness and after the judgement, Sonia Gandhi, President of the then ruling
understanding, such persons can be assured of a life of Congress Party, asked Parliament to do away with section 377.
dignity and non-discrimination. This was the 'Spirit Congress Party Vice President Rahul Gandhi also wanted section
behind the Resolution' of which Nehru spoke so 377 to go and supported Gay Rights. In July 2014, Minister of
passionately. In our view, Indian Constitutional Law does State for Home Kiren Riiju in the BJP led Central Government told
not permit the Statutory Criminal Law to be held captive the Lok Sabha in a written reply that a decision regarding Section
by the popular misconceptions of who the LGBT’s are. It 377 of IPC can be taken only after pronouncement of judgement
cannot be forgotten that discrimination is antithesis of by the Supreme Court. However, on 13 January 2015, BJP
equality and that it is the recognition of equality which spokesperson Shaina NC, appearing on NDTV, stated, "We [BJP]
will foster the dignity of every individual.” are for decriminalising Homosexuality. That is the progressive
way forward."
The Court stated that the judgement would hold until Protest on Social Media:
Parliament chose to amend the Law. However, the Judgement Actor Imran Khan took action in order to disabuse
keeps intact the provisions of Section 377 insofar as it applies to homophobic people from their mistaken notions of homosexuality
non-consensual non-vaginal intercourse and intercourse with in a satire video. Many Mumbai film industry personalities such as
minors. Aamir Khan, Celina Jaitley, Twinkle Khanna, John Abraham, Karan
Johar, Farhan Akhtar, Riteish Deshmukh, Shruti Haasan, Sonam
A Batch of Appeals was filed with the Supreme Court, Kapoor, Anushka Sharma, Amitabh Bachchan, commented against
challenging the Delhi High Court judgment. On 27 March 2012, the ruling. Many other well known persons, including Nobel
the Supreme Court reserved verdict on these. After initially Laureate Amartya Sen, and writer Vikram Seth, protested against
opposing the judgment, the Attorney General G. E. the Supreme Court Ruling. The Wrong Burrow, a short story
Vahanvati decided not to file any appeal against the Delhi High satirising the Judgment of the Supreme Court, was published in
Court's verdict, stating, "insofar as [Section 377 of the Indian the 25th January 2015 edition of an Indian Express.
Penal Code] Criminalises consensual sexual acts of adults in
private [before it was struck down by the High Court] was The Politics of Gay Rights in India:
imposed upon Indian society due to the moral views of the British Legalising Homosexuality may not be as much of a Political
rulers." stretch as it appears.
When it comes to Lesbians, Gays, Bisexual and
2013 Judgement: Transgendered people, in the last week of June 2015 the U.S.
The Judgement of the Supreme Court of India of 11th Supreme Court ruling Legalising Same-sex Marriage highlights the
December 2013 did not find enough reason for portions of section gulf between India and much of the Democratic World. More than
377 to be declared as unconstitutional and overturned the Delhi 150 years after it was introduced, a Colonial era Indian Law
High Court judgement. On 11th December 2013, the Supreme continues to criminalize “Carnal intercourse against the order of
Court of India ruled Homosexuality to be a Criminal offence nature with any man, woman or animal.” This effectively makes
setting aside the 2009 judgement given by the Delhi High Court. homosexuality illegal in India, aligning the country closer to
In its Judgment the Supreme Court Bench of Justices G. S. Pakistan and Egypt than with the liberal democracies in Asia and
Singhvi and S. J. Mukhopadhaya stated that, "In view of the above the West.
discussion, we hold that Section 377 IPC does not suffer from the
vice of unconstitutionality and the declaration made by the In 2009, the Delhi High Court decriminalized all
Division Bench of the High court is Legally Unsustainable." consensual sex between adults in private, raising hopes among
activists that India was finally outgrowing an archaic law
The Bench of Justices G. S. Singhvi and S. J. restricting individual freedom. But two years ago the Supreme
Mukhopadhaya however noted that the Parliaments should Court overturned the decision and tossed the fate of Section 377,
debate and decide on the matter. A bench of justices upheld the the part of the Indian penal code that criminalizes gay sex, back to
constitutional validity of Section 377 of Indian Penal Code that Parliament.
makes anal sex a punishable offense. The central government has
filed a review petition on 21 December 2013. In its review
petition the Centre said: “The judgment suffers from errors
apparent on the face of the record, and is contrary to well-

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Judicial restraint not practiced nearly enough by India’s The above views are mere opinions of an Individual
hyperactive Court’s is not the problem. The principle that Social and that whether it should be accepted or not is also left to an
Conventions are better challenged by elected Legislators than by Individuals perspective on the issue and as to Law the Supreme
unelected Judges is sound. Unfortunately, India’s politicians show Court’s decision stands final as of now. Any further change need
little inclination to revisit the issue. Liberals within the ruling to be awaited with due patience.
Bharatiya Janata Party who oppose Section 377 remain a small
minority. Those who call for the scrapping of the antiquated Law
are quickly drowned out by the likes of 75 year old Subramanian
Swamy, who calls homosexuality “a Genetic Disorder” and BOOK REFERENCE:
publicly likens gays to “Handicapped Persons.” 1. Caramagno, T. C. (2002). Irreconcilable differences?:
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become more accepting regarding Sexuality. Many of India’s 20th Century”, Greenwood Press.
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it only about 200 times since it came into effect in 1861.

Prime Minister Narendra Modi often says that, “The

Government has no business being in Business. It has even less
business being in the Bedroom”. It’s time for India to junk the
awful Section 377 and keep up with changes in its own Society.

Mr. Dhume said that, “Of all the cruelties that we as

human beings can visit on one another, one of the most cruel is to
say: "You shall not Love or make love with the person you Love,
not because of excessive youth or because of unwillingness but,
because he or she comes from a different religion, a different
caste, the same village, the same gender. You may say you Love
each other, that you are happy with each other, that you give each
other solace and courage and delight. But your Love disgusts me.
It runs counter to Custom, it is an offence in Law, it is against the
order of nature, it brings dishonour to our family, it will dilute our
blood, and it will bring about Kaliyuga. It will corrupt everyone
around you. It is an abomination in the sight of the Lord, “This
must be forbidden”.