Homosexuality in the light of the Right to Privacy Judgement

By Shikha Mukesh Meena, National Law University, Jodhpur.

“The lamp of history destroys the darkness of ignorance”

-The Mahabharata

The term ‘homosexuality’ was coined in the late 19th century by a German psychologist, Karoly Maria Benkert. Homosexuality refers to sexual behaviors and desires between males or between females.

Homosexuality is a social stigma which is still prevalent in many countries including India. Indian society which is considered to be traditional and conventional in many ways is also not impervious to this difference. India has had a conservative background which has been very difficult to break through, and whenever something unconventional is practiced the same is shunned. Homosexuality for one would be considered unconventional. Though the question remains is it unconventional? Or is it the people’s ignorance? (more…)

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…)