Author Name:   POOJA MAKAN

The article is about the rights of guy,lesbian, bisexual and transgender people and about the repeal of sec. 377 of IPC which criminalize the homosexuality.

Homosexuality - The Rights of LGBT

Today homosexuality is a much debated topic with much hatred, fear, prejudice, violation of constitutional rights for civil society and the government of India. Homosexuality- should be legalized or not, it is natural or unnatural, it should be criminalized or decriminalized, these questions are raised before the people of india.

India is one of 75 countries around the world that outlaws homosexuality. There is no demographics for LGBT (Lesbian, Gay, Bisexual, Transgender) people in india, but according to government reports submitted in supreme court 2.5 million gay people recorded in india. These figures only based on those individual who self-declared to the ministry of health. There may be higher statistics for individual who concealed their identity with fear of discrimination.

The discussion of homosexuality or sexual topics are rarely discussed openly, our people have mindset particularly in villages that they do not accept what is becoming acceptable in the world specially in western countries. The lack of support from family, society, police, government, the LG BT people facing mental, physical, economical violence and most of do not report the crime against them to the police with fear that they will be punished too.

The attitude towards homosexuality has slightly shifted with help of media, news and NGO’S. They openly expressed their support for decriminalization of homosexuality. In September 2006, noble laureate amarly sen, acclaimed writer vikram seth and others prominent indian publically demanded to repeal Sec. 377 Of Indian Penal Code (Sec 377 If IPC makes homosexuality sex punishable by law and carries a life imprisonment). The congress MP Shashi Throor also presents a LGBT bill to decriminalized homosexuality in parliament, which was rejected by the opposite party with the ratio 24/17.

On 2nd July 2009 in Naz Foundation vs, Govt. of NCT Delhi, the Delhi HC held that provision to be unconstitutional with respect to sex between consenting adults, but supreme court of india overturned that ruling stating that the court was instead differing to indian legislators to provide the sought after clarity . however , on 2nd Feb. 2016 Supreme Court agreed to reconsider its judgment stating it would refers petition to abolish sec. 377 to a five members constitutional bench , which would conduct a comprehensive hearing of the issue.

Under constitution all citizens have equal rights and the basic principal of our nation is equality, justice and a fair life for everyone, regardless of sexuality, caste, and identity and nobody have the right to suppress the human rights. India is an independent nation and everyone have a right to take their decisions independently, why should LGBT people can take their own decision??? Why should they cannot choose their life partner with their choice??? Are these LGBT persons not citizens of india??? If the homosexuality not legalized then these people will continue their activity secretly and no law can stop them ,legalizing it will definitely reduce the crime against these LGBT persons and they no more need to hide their identity , they also lives their life happily and can take their own decision as they want.

Even the Hinduism is also not considered homosexuality, a crime. In Bhagawat Geeta it is mentioned that ‘’what seems unnatural is also natural’’ throughout the centuries Hinduism has been the most tolerant religious system, there are many Hindu methodology stories of alter net sexual choices. The religion always support in shaping Indian customs and tradition, it is we who always criticize the making of god.

In this land, it is the soul that is important. The body is just temporary. Everyone should have a right to live a happy and normal life. Homosexuality is not a person’s own choice, knowingly or unknowingly it has been prevailing in the world for centuries. In india homosexuality is always looked down upon. It is kept hidden as the people are afraid to accept something that they have been conditioned to despised. Lack of knowledge and information is blocking the peoples mind about these things.

However, whatever would be the judgment of the Supreme Court Of India, it is first we the society who can make justice with the LGBT persons by accepting them as whom they are AND then only they can only be known as Human Being and not the LGBT.

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