Author:
Aritraa Dasgupta,
(LL.M) Master of Laws, Sem 3
Sister Nivedita University, Newtown, Kolkata,
Contact number: 7439948670
Email I’d: aritraadasgupta1997@gmail.com
Abstract:
Introduction: Same-sex marriage has traditionally been a significant social prejudice in many cultures around the world. This taboo arising from a variety of factors like religious beliefs, cultural norms, and traditional views on gender roles and family structures has strictly constricted the institution of marriage within the very limits of heterosexuality in the conjugal relationship of a male and a female, and so it is utterly essential that this traditional criterion of marriage to happen, strictly between two heterosexual human beings is modified/improvised to tune it with the changing thoughts and interests of the contemporary society.
- Purpose: The goal of the study is to focus on the recent developments in the concept of same – sex marriage and to have an analysis on the concept with respect to its socio – legal status in India along with a few other developing countries, thus attempting to point out the changes that can be incorporated within the Indian legal system so as to liberalize the institution of same – sex marriage.
- Significance of the paper: This paper through a critical analysis of the idea of marriage between homosexually attracted couples, attempts to focus on the concept with respect to its social – legal status in India with a special reference to the recent developments along with the recent developments in a few other developing countries of the world. The paper attempts to point out the emerging differences in the concept and the changes that can be incorporated within the Indian legal scenario so as to liberalize the idea of marriage between homosexual couples.
- Originality: There has been a dearth in the study on the contribution of the previous works in analyzing the probable socio – legal developments in the arena of homosexuality, between India and the foreign countries. This paper addresses this gap alongside recognizing the alterations that may be incorporated within the Indian legal framework for liberalizing this concept.
Keywords:
Same – Sex Marriage, Homosexuality, Global, Socio – Legal, Equality, Inclusivity, Diversity.
Introduction:
The traditional taboo against same-sex marriage has constrained the institution of marriage right from historical ages. Religious beliefs, cultural norms, and traditional views of family, marriage and conjugal relationships have been narrowly defined as a unification of two heterosexual individuals. However, as society evolves and perspectives alter, there is a growing realization that these traditional boundaries fail to reflect the diversity and complexity of contemporary relationships. The call for the acceptance of same-sex marriage challenges these age-old traditions, thus advocating for a broader understanding that embraces and liberalizes the concept of love and relationship between two consenting individuals regardless of their gender. The phrase “high time” suggests urgency in updating our societal institutions to align and orient with the modern values of inclusivity, diversity and equality in the institution of marriage. As time changes, our institutions must also evolve accordingly so as to accommodate the full spectrum of all the colours and forms in human relationships and psychological identities. In essence, just as Alice Walker celebrates the transformative power of perseverance and belief in her quote, the discussion on same-sex marriage in this paper reflects a broader societal movement towards liberation and acceptance of diverse expressions of love and companionship with reference to the emerging socio – legal differences in the concept of marriage between homosexual couples within the country and abroad.
Statement of Purpose:
To analyze the concept of the idea of marriage between homosexually attracted couples with respect to its socio – legal status in India together with a few other developing countries of the world so as to point out the emerging differences in the concept and the changes that can be incorporated within the Indian legal scenario so as to liberalize the same.
Literature Review:
· The article Recognition of Foreign Same-Sex Marriage in India, authored by Stellina Jolly and Ritika Vohra and published in the Journal of the Indian Law Institute, threw some light on the concept of marriage between homosexual couples in U.S that was legalized in June 2015 when the American Supreme Court through a remarkable judgement in Obergefell v. Hodges [1] legitimized the right of homosexual couples to marry, following which the U.K liberalized its legislations on the marriages between homosexual couples via the enactment of the Marriage (Same Sex Couples) Act, 2013. Subsequently Europe too has accommodated this concept.
- The article by Achim Hildebrandt, Routes to decriminalization: A comparative analysis of the legalization of same-sex sexual acts, published in the “Sexualities” Journal, focused on the evolution the legitimization of LGBTQIA+ marriages in various parts of the world. The article stated that initially, decriminalization efforts were primarily confined to Europe and Latin America, but by the 1980s, this movement globalized and the late 20th century witnessed a pivotal shift with the emergence of various influential forces driving legal reform.
- The article by Dr. Nirmala Devi and Dr. Supreet Kaur, on Same-sex marriage in India: Socio-legal aspects, published in the International Journal of Law, Justice and Jurisprudence, explores the multiple facets of same-sex marriages, including its definition, historical development, legal status, as well as its societal implications, along with its advantages, and disadvantages in India. Additionally, the article also gives an empirical data using a questionnaire to understand public perceptions and points of views towards same-sex marriages.
- The article authored by S.P Pandey, titled Changing dimensions of institutions of marriage in India: A socio-legal evaluation, published in the Int’l JL Mgmt. & Human, in 2021 discusses and critically analyzes the different enactments, national and international conventions, judicial precedents associated with the altering scope of marital relationships in India and stresses on the recognition of concepts like same sex and live – in relationships.
Research Questions:
- What is the idea of marriage between homosexual couples and how has it evolved in the Indian scenario?
- What are the recent developments in the social and legislative status of marriage between homosexual couples in India?
- What are the recent developments in the social and legislative status of marriage between homosexual couples in few other developing countries of the world?
- What are the possible changes and reforms that can be incorporated within the Indian legal scenario so as to liberalize the concept of marriage between homosexual couples within the country?
Hypothesis:
India lacks systematic national attention with regard to the legitimization of marriage between homosexual couples and relationships in comparison to the international framework.
Research Objectives:
- To understand the idea of marriage between homosexual couples and how has it evolved in the Indian scenario.
- To analyze the recent developments in the social and legislative status of marriage between homosexual couples within the country.
- To analyze the recent developments in the social and legislative status of marriage between homosexual couples in few other developing countries of the world.
- To suggest possible changes and reforms that can be incorporated within the Indian legal scenario so as to liberalize the idea of marriage between homosexual couples.
Limitations:
It is a doctrinal research work without any empirical data on the same and is limited to the scope of analyzing the recent developments in the legitimization of same – sex marriages in India and in few other developing countries of the world.
Research Methodology:
It is a Doctrinal Research work. The study has been undertaken by online sources and with printed materials.
Methods:
This paper presents an analytical analysis based on secondary data sourced from books, articles, journals, and international publications available on various websites focusing on same-sex marriage.
Chapterisation:
Chapter 1
Same Sex Marriage And Its Evolution in India
Same-sex marriage, means the union of two individuals of the same biological gender. By 2024, it is legally recognized in 37 countries, covering 20% of the global population. The latest country to legalize it is Nepal, with Liechtenstein and Thailand set to follow soon. Heterosexual marriage involves opposite-sex couples, while marriage between homosexual couples involves same-sex couples. Homosexuals are individuals attracted to the same sex, with males referred to as “gay” and females as “lesbians.” The terminology “same-sex marriage” therefore is increasingly chosen over “gay marriage” for its inclusivity and neutrality. The evolution of the concept of same – sex relationship and marriage in India can be studied under the following heads:
Ancient:
The practice of same-sex marriages, while rare historically, is not unknown. For example, Roman Emperor Nero married men in formal ceremonies, and there were concerns about common marriage between homosexual couples in Rome during the second and third centuries. Despite Roman laws outlawing such unions in 342 AD, evidence of same-sex unions persisted, including some recognized by religious institutions. In India, homosexual behavior has a longstanding history, with references in ancient texts like the Rig Veda and depictions in Hindu monuments. Although the modernization has prejudiced the concept of homosexuality, our mythologies tell a different history of the LGBTQIA+ community. Notable examples include Valmiki’s Ramayana, which mentions intimacy of demonic women in Lanka. The Mahabharata mentions Shikhandi, who was “neither a man nor a woman”. Shikhandi was born a female but was brought up and groomed as a son and a warrior, by King Dhrupad. These examples suggest a historically liberal and non-judgmental society. The Dharmashastras valued heterosexual marriage and procreative sex but also acknowledged the existence of both heterosexual and homosexual non-penetrative sex, and regulated such practices by imposing fines rather than societal alienation. The Kamasutra refers to lesbians as “Swarinis,” who often lived in and brought up children together. It also recognizes “trittiya prakriti,” or the transgender individuals who do not strictly fall within the categories of male or female. Pali literature, talks about “pandakas,” who couldn’t be categorized amongst the male or female gender groups of the Buddhist viharas. Such influences appear in temple art, such as the Khajuraho temples, which depict women embracing women and men intimate with men, indicating the acknowledgment of homosexual acts. Similarly, the Sun Temple in Konark which shows the life of Gautama Buddha, show men and women in same-sex intercourse. However, attempts to subjugate homosexuality began during the Aryan colonization around 1500 BC, with legal repercussions mentioned in texts like Manusmriti.
Medieval:
In medieval India, the transgender community was patronized by Mughal and Rajput rulers. They performed in Mughal Harems, and were requested to come in auspicious occassions to give their blessings and ward off evil spirits. Homosexual relationships were thus noted during the Muslim Middle Ages. Islamic literature also contains references to same-sex attraction, as seen in works like Baburnama and poetry by Sufi saints like Bulleh Shah and Sarmad Kashani which included such themes in their writings. However, with the advent of British colonial rule and due to their Christian beliefs,societal and legal standards shifted towards a more anglicized understanding, influenced by Western, particularly Church-determined, ideas. Transgender individuals and other performers were declared criminal tribes. The British introduced a new legal structure, and with the enactment of the Indian Penal Code drafted by Lord Macaulay, Section 377 came into force, criminalizing “carnal intercourse against the order of nature.” This legal regulation was accompanied by a social infusion of moral judgments, casting such practices as immoral thus depriving the homosexuals of their civil and human rights. The concept laid its concrete foundation in the society and continued exerting its influence years after independence, as the Indian Penal Code, including Section 377, was retained. Although the British repealed their provision against homosexuality in 1967, India continued to struggle with this issue until 2018.
Modern:
The struggle for LGBTQ+ rights in India gained momentum with the Naz Foundation’s [2] Public Interest Litigation which challenged the validity of Section 377 in accordance to the Constitution of India. The court opined that the section contradicts Articles 14, 15, 19, and 21 of the Indian Constitution by differentiating on the basis of sexual preferences thus criminalizing homosexual relationships. The judgment was later challenged in the Supreme Court by Suresh Kumar Koushal, leading to a reversal of the former decision laid in the case of Naz Foundation.. In the NALSA v. Union of India [3] case, the Supreme Court recognized gender identity under Articles 14, 15, 19, and 21, affirming that discrimination based on gender identity violates fundamental rights. This landmark judgment marked an effective initiative in recognizing the rights of the LGBTQ+ community in India.
Chapter 2
Same – Sex Marriage And Its Recent Developments In Indian Socio – Legal Context
The Indian democratic system comprises of four pillars: Legislature, Executive, Judiciary, and Media. Among these, the Judiciary is crucial in interpreting laws and delivering justice.
In India, marriages are governed by personal laws corresponding to the religions of the individuals concerned:
1. Hindus – The Hindu Marriage Act, 1955
2. Muslims – The Muslim Personal Law (Shariat) Application Act, 1937
3. Christians – The Indian Christian Marriage Act, 1872
4. Parsis – The Parsi Marriage and Divorce Act, 1936
These acts clearly pertain only to heterosexual marriages, considering the gender-specific roles of males and females. Consequently, current personal laws do not accommodate marriages between homosexual couples. Moreover, homosexual couples are not granted the right to adopt children or pursue surrogacy under the present legal framework. Legal changes are necessary to grant the LGBTQ community rights of marriage and adoption. Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, American Convention European Convention, and such other conventions advocate for the recognition of marital and family rights without any discrimination based on grounds of gender or sexual orientation. They advocate for the protection of principles of equality and human rights irrespective of the sexual orientation. India despite being a signatory to all such international conventions has failed to enact any specific legislation on same-sex marriages in India. Inspite of this, the judiciary in the recent years, has dealt with numerous cases to trigger the recognition and legalization of same – sex marriages in the Indian society which can be understood from the following chronology of cases in the recent years.
- Delhi High Court: In the landmark case of Naz Foundation v. Government of NCT [4] Delhi, the Delhi High Court decided that Section 377 of the Indian Penal Code was unconstitutional as it violated Articles 14, 15, and 16, which pertain to equality under the Constitution of India on the basis of a Public Interest Litigation by the NGO Naz Foundation.
- Gurgaon Additional Sessions Court: On July 29, 2011, Justice Vimal Kumar of the Gurgaon Additional Sessions Court granted police protection to a lesbian couple, Beena and Savita, who claimed to have married on July 22, 2011, by signing an affidavit before a public notary. Although their marriage lacks legal status, it has faced no objections since its recognition by the Gurgaon Court and has gained acceptance from their families and most villagers.
- Madras High Court: In Arun Kumar v. Inspector General of Registration[5], the court recognized the marriage of a Hindu male with a Hindu transwoman in accordance with the Hindu Marriage Act, 1955.
- Supreme Court of India: The NALSA v. Union of India [6]case followed the criticized judgment in Suresh Kumar Koushal v. Naz Foundation[7], which had re-criminalized Section 377. NALSA led efforts to raise questions in favor of the transgender community, resulting in a judgment that recognized transgender persons as a third gender and established guidelines to protect their rights. This led to the Transgender Persons (Protection of Rights) Act, 2019, which, despite some positive aspects, faced criticism for requiring transgender individuals to obtain a certificate of identity from a district magistrate.
- Supreme Court of India: In Justice (Retd.) K. S. Puttaswamy v. Union of India[8], the Supreme Court recognized the right to privacy as part of the Right to Life and Liberty under Article 21. Justice Chandrachud stressed on the recognition of the rights of privacy, autonomy, and liberty from state interference, emphasizing the right to choose partners and sexual freedom of the LGBTQ community is entitled to. This judgment was a precursor to the landmark Navtej Singh Johar v. Union of India case.
- Supreme Court of India: In Navtej Singh Johar v. Union of India [9] decriminalized homosexuality by holding that Section 377 does not include sexual intercourse between two consenting adults. The judgment recognized the rights to dignity, autonomy, and personal freedom of choice holding that Section 377 violated Articles 14, 15, 16, and 19(1)(a) of the Constitution.
- Kerala High Court: On January 24, 2020, Nikesh and Sonu, a gay couple, petitioned for legal recognition of their marriage, adoption rights, and inheritance. The court admitted their petition and sought responses from the state and central governments.
- Uttarakhand High Court: In Madhu Bala v. State of Uttarakhand[10], ruled that while homosexual couples cannot legally marry, they can live together in a live-in relationship.
- Orissa High Court: In Chinmayee Jena @ Sonu Krishna Jena v. State of Odisha[11], upheld the right to determine one’s gender and the gender of one’s partner, emphasizing that “Love knows no bounds.”
- The Allahabad High Court: granted police protection to Anju Singh and her homosexual partner in a live-in relationship, asserting that the court does not oppose live-in relationships.
- Kerela High Court: In Adhila v. Commissioner of Police & Ors[12], the Kerala High Court rescued and reunited a lesbian couple who had been separated by their families.
Thus from the above developments it is clear that Indian society and its legal system in the recent years, have started accepting the diversity in the institution of marriage by making socio – legal allowances for the inclusion of marriages of homosexual couples in its culture. Although prejudices in favour of heterosexual relationships still exist, the Indian society has started acknowledging the separate identities of homosexual individuals through such developments in the recent years.
Chapter 3
Recent Developments In The Socio-Legal Status Of Same – Sex Marriage In International Scenario.
Globally, 34 nations have withdrawn the criminalization of homosexuality, and 133 have legitimized same-sex marriages. In 2022, 1.21 billion people lived in countries that allow same-sex marriage, while 6.77 billion did not. A 2020 Pew Research Centre survey showed the United States and Western Europe are more accepting of homosexuality than Eastern Europe, Russia, Ukraine, West Asia, and sub-Saharan Africa. Factors such as religion, politics, and economics shape these attitudes. Thus LGBTQ rights at the international level are largely influenced by individual nations rather than by overarching international policies. The United Nations has not established a specific convention on LGBTQ rights due to differing levels of acceptance and consensus among nations, as in some countries, same-sex relations are criminalized, with penalties including life imprisonment or even capital punishment. However, it has promoted discussions to eliminate prejudice and injustice against the LGBTQ community through various campaigns and programs, such as the United Nations Free & Equal campaign, which works for the promotion of equal rights and fair treatment globally.
Among all such initiatives, a significant effort was visible when various NGOs, activists, and academics convened in Yogyakarta, Indonesia, to draft the Yogyakarta Principles. These principles outline human rights related to sexual orientation, gender identity, gender expression, and sex characteristics, and they impose obligations on states to implement these rights.
Several countries around the world have recognized marriage between homosexual couples as a fundamental human right. Various nations including many European countries have legitimized the rights of equality of marriage socially and legally. The trend acknowledges that love should not be constricted or differentated on the basis of choice of sexual preferences, emphasizing the state’s role in protecting personal rights and freedoms.
Some recent and notable international developments include:
- United States:
In 2002, 51% of Americans accepted homosexuality, rising to 72% in 2019. In 2015, the American Supreme Court through the ruling in Obergefell v. Hodges[13], granted same-sex couples the right to marry. This 5-4 decision legalized same-sex marriage across the thirteen states where it was still banned and extended this right to U.S. territories. In 2022, concerns arose that the Supreme Court might allow states to invalidate same-sex marriages, prompting Congress to pass the Respect for Marriage Act, which President Joe Biden converted into law. By that year, 71 % of Americans supported marriage of homosexual couples, prompting a significant increase from 27percent in 1996. Recently in 2020, the court opined that the civil rights law of 1964 against discrimination on the basis of one’s gender in the professional field is also applicable to discriminations based on sexual preferences, thus protecting LGBTQ+ employees from unemployment in states lacking such legal protections. Canada was the first country to legitimize the institution of same-sex marriage in 2005. It was followed by Uruguay, Ecuador, Costa Rica, Argentina, Brazil, Mexico, Colombia, and Chile. However, the Supreme Court’s decision to overthrow Roe v. Wade[14], which had used the Fourteenth Amendment to protect abortion rights, sparked concerns about the potential reversal of the 2015 marriage equality decision. Justice Clarence Thomas, in his concurring opinion, called Obergefell v. Hodges “demonstrably erroneous” and to overrule the same.
- Latin America:
Latin American countries like Brazil and Argentina also saw significant increases in acceptance, with Argentina’s acceptance rising from 66% in 2002 to 76% in 2019, and Brazil’s from 61% in 2011 to 67% in 2019.
- Europe :
The Netherlands was the first, legalizing it in 2001, followed by Belgium (2003), Spain (2005), Norway (2009), Sweden(2009), Portugal (2010), Iceland (2010), Denmark (2012), France (2013), the United Kingdom (2013), Luxembourg (2015), Ireland (2015), Finland (2017), Malta (2017), Germany (2017), Austria (2019), and Switzerland joining in 2021. Italy recognizes civil unions since 2016 but does not allow same-sex marriage. In 2022, Andorra decided to convert all civil unions of homosexual couples to civil marriages, effective in early 2023. That same year, Slovenia became the first former Yugoslav country to legalize both same-sex marriage and adoption.
- Pacific Rim:
In the Pacific Rim, only Australia and New Zealand permit same-sex marriage. Taiwan legalized it in 2019 through a judicial decision. In Japan, there is increasing public support, due to which certain regions recognize same-sex unions. Despite widespread support for anti-discrimination measures, South Korean courts do not acknowledge same-sex partnerships. Thailand and Vietnam are contemplating legislative changes, but Thailand’s Constitutional Court recently upheld existing marriage laws. Meanwhile, Indonesia, Malaysia, and Myanmar prohibit same-sex relations, with Indonesia experiencing heightened violence against LGBTQ+ individuals.
- South and Central Asia:
Even though many countries in South and Central Asia criminalize same-sex relationships, Taiwan stood out as the first Asian nation to legalize same-sex marriage. In India, acceptance grew from 15% in 2013 to 37% in 2019. India repealed its ban on gay sex in 2018 and expanded its definition of family in 2022 to include same-sex couples. Nepal has implemented some safeguards against discrimination, and several countries allow people to be identified as a third gender. Support for same-sex marriage varies, with higher levels in India and Pakistan compared to Kazakhstan.
- North Africa and Middle East Countries:
In several countries like Iran, Saudi Arabia, and Yemen, same-sex relations are illegal and can lead to severe penalties, including death. Israel is notable for recognizing same-sex marriages conducted abroad and for providing certain civil benefits to same-sex couples. Despite these advancements in Israel, public support for same-sex marriage persists low across the region.
- Sub-Saharan Africa:
South Africa is the sole country in its region where same-sex marriage is legally recognized, though many African nations criminalize same-sex relations, often with harsh penalties. Despite widespread intolerance, recent legal progress has been made in countries such as Mozambique, Seychelles, Angola, Botswana, and Gabon, where laws against same-sex relations have been lifted. Additionally, courts in Kenya, Uganda, and Zambia have issued rulings supporting LGBTQ+ rights. South Africa saw acceptance increase from 33% in 2002 to 54% in 2019. However in some African countries, such as Nigeria and Tunisia, acceptance is below 10%, with a significant majority expressing intolerance towards homosexuals. Senegal, for instance, has a 98% disapproval rate for having a gay neighbor.
- The Netherlands:
In 2001, the Netherlands made history as the first nation to legalize same-sex unions. The Dutch experience offers valuable lessons on the legal landscape, societal acceptance, and practical outcomes of this change, potentially informing countries like India considering similar reforms.
The countries that have legalized same-sex marriage extend beyond these instances, totaling approximately 34 nations globally. These international cases serve as both inspiration and practical guidance for countries like India as they address this significant issue. Although India is highly influenced by such international changes yet it’s crucial to recognize that India’s path to legalizing same-sex marriage will be shaped by its distinct social, cultural, and political circumstances.
Suggestions:
The legitimization of the marriage of homosexually attracted couples in India is a multifaceted and delicate issue, encountering numerous societal obstacles. These difficulties stem from a mix of cultural, religious, and traditional influences, alongside a deficiency in compassion in the understanding of LGBTQ+ matters. Here are some of the primary suggestions that might be useful in addressing and combating the issues:
- Amendment of Personal Laws: The primary change needed is to amend current personal laws to explicitly permit same-sex marriages. In India, marriage laws are largely governed by religious personal laws, such as the Hindu Marriage Act, The Indian Christian Marriage Act and the Muslim Personal Law. These laws may be revised to eliminate gender-stereotypes and to include gender – neutral languages such that any two consenting adults who are competent to marry according to their respective Personal Laws are allowed the right to marry irrespective of their sexual orientations.
- Participation of N.G.Os: We have seen in this paper that the concept of LGBTQIA+ marriage has its roots right in the ancient mythologies and religious texts. Nowadays N.G.Os specifically working for such issues can be urged to work for publicizing such acts of same – sex relationships from the ancient mythologies with modern improvisations of similar cases gaining popularity at present, especially so as to attract the attention of the illiterate mass who are ignorant of the concept due to lack of literacy.
- Educational Assistance: Homophobia is prevalent in Indian societal structure, where LGBTQ+ individuals often face ill – treatment and discrimination. This social stigma can discourage people from freely embracing their sexual preferences. Educational Institutions may incorporate special and compulsory subjects that will educate the children about the various sexual orientations right from a young age and educate them about the social and legal rights of freedom associated with every such distinct sexual identity, such that those who identify themselves as homo – sexually attracted do not hesitate to talk about their sexual orientations due to fear of getting prejudiced.
- Positive Media Coverage: Public opinion is heavily influenced by the media. The increase in positive portrayals of LGBTQ+ individuals and their community by the media can contribute to eliminate misconceptions and stereotypes.
- Property Rights and Rights of Succession: Property and Succession Laws may be amended to include gender – neutral languages to grant homosexual individuals equal rights to inherit the properties of their ancestors irrespective of their sexual orientations.
- Adoption and Guardianship Rights: Legislations that allow adoption and guardianship rights may be amended to incorporate gender – neutral languages so as to allow the homosexual couples the rights of adoption and guardianship equal to that of heterosexual couples.
- Increase in the Quota of Government Jobs: The Government may take such initiatives to increase the quota of reservation of seats of government jobs for LGBTQIA+ communities such that they get increased employment opportunities so as to actively take part in the social competition and are hence not denied the right to access legal remedies against the violation of their rights due to economic disabilities.
Conclusion:
India’s journey towards LGBTQ+ equality and the legitimization of same-sex marriage mirrors global trends in legal challenges, judicial activism, and shifting societal attitudes. However, it also faces unique challenges influenced by its socio-cultural and religious context. While international examples offer inspiration and guidance, India’s path to legalizing same-sex marriage will evolve within its specific legal, cultural, and political frameworks. It’s time to recognize that within our society, there are individuals with different sexual preferences than heterosexuals, and that sexual preference is just one facet of their identity. They have similar rights of humanity and freedom as any heterosexual individual. Social engagement should focus on inclusion, normalizing this and eradicating any notion of shame. One’s choice of sexual preference should not be a cause for offense. Specific legislative enactment will empower the LGBTQ+ community to challenge abuse, violence, and discrimination, giving them a critical voice.
Bibliographical References:
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Author details:-
Name – Aritraa Dasgupta
College Name – Sister Nivedita University
[1] 576 U.S. 644
[2] Naz Foundation vs. Government Of Nct Of Delhi And Others, 2010 CRI. L. J. 94, 2009 (6) SCC 712
[3] AIR 2014 SC 1863; (2014) 5 SCC 438
[4] 2010 CRI. L. J. 94, 2009 (6) SCC 712
[5] W. P. (MD) No. 4125 of 2019
[6] AIR 2014 SC 1863
[7] Civil Appeal No. 10972 of 2013
[8] Writ Petition (Civil) No 494 of 2012; (2017) 10 SCC 1; AIR 2017 SC 4161
[9] 2018 INSC 790
[10] Habeas Corpus Petition no. 8 of 2020
[11] Writ Petition (Criminal) No. 57 of 2020
[12] WP (CRL.) NO. 476 OF 2022