Homosexuality debating issues in the light of Indian legal and social system an analytical research

Abstract

Homosexuality: Debating issues in the light of Indian legal and social system: newlineAn analytical research newlineThe above mentioned topic of my research work is centered on the most newlinecontroversial and stigmatized term homosexuality. newlineTo introduce homosexuality is romantic or sexual attraction or behavior among newlinethe people of the same sex. As a sexual orientation, homosexuality refers to newlinean enduring pattern or disposition to experience sexual affection or romantic newlineattractions primarily to people of the same sex. It also refers to an individual s newlinesense of personal and social identity based on those attractions, behavior newlineexpressing them, and membership in a community of others who share them. newlineThe common term used for homosexuals are gays , lesbians , bisexuals , or newline transgender and collectively known as LGBT people. newlineHomosexuality which is believed to be of western origin and culture has swept newlinein India past a decade, with a striking force on our Indian society and culture. newlineThe legal battle concerning decriminalization of homosexuality has begun. newlineToday it is the most sensitive, controversial and debatable issue of high newlineconcern as the onus to do justice lies on apex court which involves issues of newlinefundamental rights of LGBT people in our socio-legal system. Homosexuality newlineis considered as a taboo subject, by both Indian civil society as well as our newlinelegal system. Public discussion of homosexuality has been inhibited by the newlinefact that sexuality in any form is rarely discussed openly in our country. newlineAttitude towards homosexuality is overwhelmingly negative, however it is a newlinestarke reality that homosexual behaviour has always existed in India, newlinesometimes in the form which is culturally sanctioned such as, the Hijras, and newlineother times in invisibility and silence. newlineSection 377 of Indian penal code, 1860 penalizes homosexual acts (both newlineconsensual and non-consensual). The Delhi high court in its landmark newlinexvi newlinejudgment of Naz foundation (India) Trust, 2009 decriminalized consensual newlinehomosexual acts of adults in private, and held that bare i