Marriage equality or a naturally sterile union: LGBT rights as decided upon by the Apex Court of U.S.A.

By Anaida Kuthiala, Army Institute of Law, Mohali.

A swift torrent of change rose when the U.S. Supreme Court in Obergefell v. Hodges on 26 June, 2015 ruled, by a 5-to-4 vote that the Constitution guarantees a right to same-sex  marriage in all 50 states. This decision is a culmination of decades of litigation and thus it came against the backdrop of the changing opinions of the masses which was portrayed as being now approving of the union of two persons – of whatever sexual orientation, thus expanding the array of marriage, which is the keystone of our social order. (more…)

Struggle for Dignity: The Voice of Queer Peripheral

By Ankit Sharma, Siddhartha Law College, Dehradun.

 “Why is it that, as a culture, we are more comfortable seeing two men holding guns than holding hands?”
                                                                                                                                             Ernest Gaines

Should the Lesbian, Gay, Bisexual, and Transgender collectively known as ‘THE LGBT’ community in India continue to remain in the shadow of criminality? The de-criminalisation of homosexuality is now a myth. The Supreme Court of India has overturned a reading of Section 377 of Indian Penal Code and refused to review it or even to peruse it. Could this intolerance go so far as to allow for state tolerated slaughters against queer people? Or will it restrict itself to “merely” vigorously opposing the repeal of Section 377? Will this be going to Parliament to figure out the rights of LGBT community? Can’t Parliament take action? These are few questions which are yet to be answered. These questions reminds me the dilemma during the emergency when the SC fell in line in the Habeas Corpus case to hold that Indira Gandhi could even suspend the right to life, has it let down the cause of personal liberty as much as it has done in the Naz Foundation Case on 11.12.2013.[1] (more…)

NALSA v UoI: Critical Analysis

The Supreme Court of India passed a landmark judgment on Transgender rights in April, this year. The Judgment was a long due acknowledgment of the rights of the Transgender in the nation. This judgment plays an essential role in the furtherance of the cause of Transgender and will help in removal of the stigma attached to the third gender and lead to greater social acceptance.

The Judgments applicability was restricted by the Court only to “Transgender”, and explicitly excluded the Lesbians, Gays and Bisexual, thereby not going in the controversial question of validity of Section 377 of Indian Penal Code. With regard to Transgender, both the people who want to transition from their respective genders and the ones who want to be identified with the third gender were included within the ambit of the judgment. (more…)

LGBT Rights in India

By Nikhil Nair, VIPS, New Delhi.

LGBT is a common term used to describe people who are Lesbians, Gay, Bisexuals and Transgender. The ambit of LGBT also sometimes widens up to include non-heterosexuals. A large population in India is homophobic. Being a part of the LGBT community is considered to be a sin for them. People belonging to such communities are considered as outcastes and outlaws by some. This majorly has to do with the mindset of the majority Indian population who consider sexual activities within the same sex as against the law of nature. (more…)