Lgbtq article in indian constitution
Supreme Court Cases on the rights of LGBTQIA+ Persons
Gauri: Hello everyone, Welcome to SCO Explains! I’m Gauri,
Spandana: and I’m Spandana
Gauri: and today’s video traces the memorable evolution of gay persons’ right to marriage in India.
Spandana: We begin our “Court in Review” with a case from over a decade ago, where the Supreme Court found the criminalisation of consensual lesbian intercourse as constitutional. We then route out how the Court’s jurisprudence evolved to recognise the rights of LGBTQI+ persons.
Gauri: Across 5 cases we observe at how personal liberty, dignity and expression has evolved for the homosexual community. Let’s dive in!
Our story begins with one provision of the Indian Penal Code—Section 377. This provision criminalised “unnatural offences”. What were these unnatural offences? “Carnal intercourse against the arrange of nature with any man, chick or animal”.
The commandment always viewed consensual intercourse between homosexual persons to approach under this scope. In 2009, the Delhi High Court turned this view around. It held that Section 377 ‘cannot’ be used to punish consensual sex between two adults, as it violates the righ "I am what I am, so accept me as I am ~ William Shakespeare" The Gay community is loosely a group of Lesbian, Gay, Double attraction, Transgender, Queer+ people. These communities generally celebrate pride, diversity, individuality, and sexuality. The LGBTQ+ people have different sexual preferences and sometimes different sexual orientation. The people of this community had been subjected to cruelty since ages because of their individuality. Due to existing cruelty and discrimination, these people are being deprived of various rights like marital rights, equal status at various platforms love employment, education etc. In India, recently, the campaigning akin to the consciousness regarding individuality and acceptance of the people of this community started increasing. The pride march held everywhere around the globe is a method of normalising the life of LGBTQ+ people. The various countries have passed legalised same-sex marriage and have passed various laws in command to uplift and normalise the reality of this society. In India, the government has passed various laws for the upliftment and normalization of Diverse community which are as follows:- 1) DECR The LGBT people is made up of a diverse range of people that identify as lesbian, gay, bisexual, or transgender. The LGBT acronym, which stands for Queer woman , Gay, Bisexual, and Transgender- often includes the term Queer (LGBT+). A woman who is emotionally, romantically, and sexually attracted to other women is referred to as a “lesbian.” The phrase “gay” describes a male who is attracted to other men sexually, romantically, and emotionally. “Bisexuals” are described as having a sexual attraction to both men and women. The term “transgender” refers to people whose sexual orientation does not match the sex to which they were biologically assigned. The LGBT community is frequently linked to concerns about human rights, prejudice, and societal stigma. The group fights for social equality, inclusion, and acceptance, which can mean different things in different legal, religious, and cultural contexts. It is significant to remember that the LGBT community is varied and consists of members from many racial and religious backgrounds, social statuses, age groups, and cultural backgrounds. Within the community, ther This brief has been written as part of the CMI/UIB – Centre on Law and Social Transformation project “Sexual & Reproductive Rights Lawfare: Global Battles” funded by the Norwegian Research Council ES526621. Section 377 of the Indian Penal Code (1860) reads as follows: 377. Unnatural Offences – Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for animation, or with imprisonment of either description for a term which may stretch to ten years, and shall also be liable to fine. Explanation- Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. The law was introduced by the British colonisers in 1860 and is influenced by Victorian morality. As Justice Chandrachud says, “India’s anti-sodomy law was conceived, legislated and enforced by the British without any kind of public discussion. So abhorrent was homosexuality to the moral notions which he espoused, that Macaulay [who drafted the law] believed that the idea of a discussion was repulsive.” Although vague in wording, “carnal intercourse agains The day of September 6, 2018, was not an ordinary day. On that fateful day, something historic occurred that "blew a life of constitutionality" in the perished LGBTQIA+ collective members who had endured decades of mind-numbing toil. The Supreme Court of India issued a landmark decision decriminalising homosexuality by partiallyrepealing Section 377 of the IPC, making the day unique for the LGBT+ community. Despite homosexuality been decriminalised, the laws in India still remain antagonistic and prejudicial towards the LGBT community in several ways.The reason behind this is that there exists an enormous gap between the legislative and the judicial development of LGBT laws in India. So, though the Supreme Court of India through the landmark judgements of National Legal Services Authority v. Union of India, Navtej Singh johar v. UOI, and Justice K.S.Puttaswamy v. Union of India (Puttaswamy) has laid the groundwork to confer upon the gender non-conforming and non-binary community a bundle of basic human rights, but the legislature has failed to retain up with the recent developments. Section 377 of IPC which criminalised all kinds of non-procreative sexual interco
LGBTQ+ Rights and Section 377 of Indian Penal Code, 1860
Colonisation and criminalisation
Evolution of LGBT Rights