Breaking The Barrier: Assessing The Feasibility And Implications Of Recruiting Homosexuals In The Indian Armed Forces
Prapti Sachan, National Law Institute University, Bhopal
ABSTRACT
This paper presents an investigation into the matter of recruitment of homosexuals in the Indian Armed Forces. Historically, concerns related to morale and discipline have prohibited these individuals from serving in the Indian military. There exists a prevalent belief that homosexuality is inherently incongruous with the military lifestyle. The societal perceptions regarding homosexuality have undergone a transformation, and several nations have revoked their prohibitions on the military service of LGBTQ+ individuals. The necessity for reform in India has been the subject of heightened discourse, particularly in the wake of the Supreme Court's momentous ruling in the Navtej Singh Johar case. The present study delves into the legal framework, policies, and societal perspectives concerning these individuals in the Indian military. The present prohibition and prospective avenues for modification have been evaluated in terms of their legal and ethical ramifications.
The first part of the paper gives a general overview of the issue of recruitment of homosexuals in the armed forces in India. The second part of this paper discusses the Constitutional and legal provisions concerning armed forces along with the case laws. The third part of the paper analyses with the arguments favouring the exclusion of homosexuals from joining the armed forces while the fourth part analyses the findings in support of the inclusionary policies. Ultimately, this paper argues that the exclusion of homosexuals from the military is discriminatory and unjustifiable, and calls for a reconsideration of current policies in India. Few suggestions in this regard have also been provided in the last part of the paper.
Keywords: Armed Forces, Homosexuals, Discipline, Morale, Troop Cohesion
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