Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity

Law

Homosexuality has been a sin under religion and an offence under law attracting stringent punishments. Non-heterosexual orientations of various varieties have always existed in the human society everywhere on the globe but have been regarded as a matter of shame to be hidden from public eyes. In the recent past the world has however witnessed a virtual transformation in this regard. Recognition of LGBT rights as a human right, as always, is one of the struggle continuing. Section 377 of Indian penal code is a well drafted but outdated code of the British colonial rule with a view to punish and criminalize sensual sodomy, is now discriminatory and against the individual privacy. Article 14, 15 and Article 21 is one of the basic structures of the Indian constitution. HLA Hart and Lord Devlin have debated on right to privacy and morality. In a country like India, moral values have a great influence over the law. One of Landmark case on homosexuality which is known as Naz Foundation v. NCT of Delhi, 2009 has upheld the validity of homosexuality and has also recognised it as a violation of fundamental right and discriminatory on the basis of their gender. However, in 2013 an appeal was filed and the Supreme Court overturned a previous judgment and upheld the validity of section 377 of the IPC. As a result, various pride parades and religious opposition are still going on. Change in moral perspective is an art of the changing world and must be changed for good.

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