Raghav Dikshit, Amity University
ABSTRACT
Homosexuality has long been considered a religious sin as well as a criminal offence punishable by law. Sexual orientations that aren't straight of all kinds have existed in human history culture around the world, but they have been shrouded in shame and kept concealed from public view. However, in recent times, the world has seen a tremendous shift in this area. One of the ongoing struggles is the acknowledgment of LGBT rights as a human right. Indian penal code’s section 377, a nicely-written nevertheless expired legislation enacted during British colonial authority to punish and prosecute sensuous homosexual activity, is now discriminatory and infringes on personal privacy. As India evolves towards the most open era in its history, with rapid economic, academic, and societal progress, there appear to be paradoxes in the Indian social mentality regarding certain subjects that are still tied by age- old moral values. Gays, lesbian, transgenders, and bisexual people's rights are one of those subtle areas that has yet to emerge as one of the transformations that one expects to see in a society in the 21st century. Even though, the 2009 ruling of Naz Foundation v. Government of the National Capital Territory of Delhi came as a breath of fresh air to an Indian culture that had been fighting to accept the term "queer" in its full connotation.1Out of many basic structures of the Indian constitution includes Articles 14, 15, and 21. The right to privacy and morality have been argued by HLA Hart and Lord Devlin. Moral standards have a strong influence on the law in a society like India. Naz Foundation v. NCT of Delhi, 2009 is a landmark decision on homosexuality that supported the homosexuality's legality while also recognising this as a breach of central rights and discriminating on the base of sex in the year 2013, however, an plea was filed, and the Supreme Court confirmed the legitimacy of section 377 of the IPC, overturning a prior decision.
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