Decriminalisation of

homosexuality and its

futuristic consequences

A person once asked me, in a provocative

manner if I approved of homosexuality ; I
replied with another question : ‘tell me
:when god looks at a gay person ,does he
endorse the existence of this person with
love ,or reject and condemn this person’ . We
must always consider the person as it is also
a creation of god.
Pope Francis
We , the Indian people especially Hindus believe in god in each and every walk of
life , we think every step of ours is pre decided and that is our fate and fortune
.We are still prejudicial due to some conservative conventions or orthodox
thoughts that a institution of marriage is extended to only male – female
relationship ,due to which homosexual marriages are criticized and these people
are thereafter insolated from the society.The highly intellectual people, even do
not even raise a voice and bring not awareness among the society that there is no
thing like that .
Quite recently from the late decade some awareness is apparently seen and the
view point of people at large is getting rational and radicle and there is a new way
seen on the equity and parity of sex disparity .
Since there had not been any room , any scope , any acceptance of the third
generation in our orthodox society the birth of transgender child was considered
as grave misfortune as parents have to face defamation, no acceptance and
made a stock of mockery . But for god’s sake is there anyone who can explain
what one impose a charge , a criminal offence being born as a transgender child
in this world ? Of course this is an unanswered fact.

A historic movement which India witnessed ,

September ’18 is LGBT pride month , citizenry all over the India are celebrating a
rainbow movement which states LGBT community’s identity and solidarity , as
finally the community is able to make their love official in the eyes of the law and
the state .
The community swirled rainbow flags in the air after hearing the
supreme court verdict that ended the arguable section 377 and decriminalized
homosexuality .
The word homosexual can be illustrated as ‘sexually attracted to members of
one’s own sex or sexual desire or behavior directed towards member of one’s
own sex’
It is a hybrid word from greek homos “same” + latin based sexual .
In 1864 German pamphlet by Karl Maria Kertbeny witnessed the first appearance
of homosexuality in print.
In 1886,the psychiatrist Richard Kraft used the term homosexual and
heterosexual .Later on , as the time passed LGBT was created as initials of
homosexuals .
LGBT stands for lesbian , gay ,bisexual and transgender

History of homosexuality can be witnessed throughout the world .

For instance if we talk about Rome , philosophers such as Socrates were having
sexual relation with their students ,it was believed that it was a part of becoming
a man.
In Greek , according to earliest document Greek man had same sex pederastic
relationship. Adolescent male was preferred over women They claim that “Women
are for business, boys for pleasure”
In China, the homosexual practices were known as the pleasure of the bitten
peach, the cut sleeve or the southern custom , which has been recorded
approximately 600 BCE.
In Hindu mythology ,the ancient texts like Manusmriti, Arthashastra, Kamasutra
,Upanishads and Puranas refer to same sex love.
The Manusmriti , an ancient legal text among the many Dharmasastras of
Hinduism states a “third sex”, members of which were engaged in homosexual
activities .
The ancient Indian text Kamasutra written by Vatsyayana
In the 4th century , introduces chapters related to erotic homosexual behavior and
techniques performed by homosexuals .
Evidences can also be seen in the sculptures of Indian temples like Khajuraho ,
built approximately 1000 CE , Kornak and Jagganath puri temples which shows
same sex relationships between men indicating that homosexuality was not only
excepted in ancient India but also the ancient people were broad minded that the
painting and sculptors like these were freely accepted and displayed .

The exact reasons for attraction between same sex are not properly known but
different theories and results had been shown by different researchers to explain
the reason behind sexual orientations . Some researchers believe that the
changes are due to biological and environmental factors which may include
sociological and phycological factors .
A large part of research material suggest that homosexuality is a natural
phenomenon , it is affected by genes of the parents ,it affected when the child is
the womb of the mother where the sex hormones can be irregular , her immune
response play a key role in the development of homosexual orientation in male.
It is also said that the more older brother a man has , the more likely he is to be
gay . It is not valid for sisters and adoptive brothers .
Another way that can caused homosexuality is the early childhood of the person,
generally between the age of 6 and 11 sexual orientation can be felt . The up
bringing of play an important role in this process and forming the child’s thoughts.
Children ‘s parent relationship also affects , as lesbian or gay parents are likely to
open to homoerotic relationship.
About 10% of the population is lesbian, gay ,bisexual or transgender and they
have unique heath issues and if not dealt might have major harmful throwback .
There is lack of knowledge of heath risk among these people which they can face
in their life .The way through which the information can be communicated are
limited and defined . Many of them even does not identify themselves as
homosexual.
Homosexual patients face increased “risk of suicide”, “substance abuse”,
“breast cancer”, cervical cancer” ,“eating disorder” and “sexually transmitted
diseases”.
As these kind of patients does not have proper knowledge , that face high risk of
heath issues .Practitioners need to create an hostile environment for these
patients . They should provide awareness and educate people on their health risk
and how to take preventive measures.
In India ,
so far has progressed in the regards social ,economical and legal recognition
but the orthodoxical mind set of the people have not changed towards sex. Today
also people does not feel to talk about sex and their issues. Homosexual people
victims suffer violent and harsh behavior and are neglected by the Indian society .
One of the outdated piece of legislature is
section 377which states “Whoever voluntarily has carnal intercourse against the order
of nature with any man, woman or animal, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which may extend to ten years; and shall
also be liable to pay fine.”

To begin with the history of section 377

can be taken as far back to the 1800s , Lord Macauley first created this law in
1860 who was the president of the Indian law commission .
According to the Wolfunden committee report of 1957 on homosexuals and
prostitution – “the purpose of law is to preserve public order and decency ,to
protect the citizens from what is offensive and injurious and to provide sufficient
safeguards against exploitation…….”
It recommended that homosexuality can’t be regarded
as a disease, because in many cases it is only the symptom and is compatible with
full mental health in other aspects.
In 1991 a document was released by the AIDS Bhedbhav Virodhi Andolan (ABVA), an
organization fighting discrimination against those affected by HIV and AIDS, a
report detailing shocking extent of blackmail ,extortion and violence that
homosexual people face. It calls for repeal of legislature that discriminates
against the members of LGBT community .
In 1994 –ABVA files petition in Delhi H.C after tihar jail in Delhi refuses to provide
condoms to male inmates and for section 377 that it should be recognized
unconstitutional .
Naz foundation , a sexual health NGO files public interest litigation in 2001 ,
challenging the constitutional of section 377 . Later on the case was dismissed by
Delhi H.C. Naz foundation in 2006 files a special leave petition in the supreme
court , with all this going on , in the other hand many NGOs and organizations
together raised voice against section 377.
After putting efforts for long –run by these NGOs and
organizations , their cases were being dismissed by the courts and they were not
getting what they want.
A rise of hope was seen in July 2009 in the judgment consisting Chief justice Ajit
Prakash Shah and S.Muralidhar where it was decided to strike down section 377 ,
but in 2013 the S.C overturns the H.C judgement .
In August 2017, the Supreme Court unanimously ruled that the right to individual
privacy is an intrinsic and fundamental right under the Indian Constitution. The
Court also ruled that a person's sexual orientation is a privacy issue, giving hopes
to LGBT activists that the Court would soon strike down Section 377.
Finally , On 6 September 2018, the Supreme Court issued its verdict The five-
judge Constitutional bench is led by Chief Justice of India Dipak Misra and
comprises Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu
Malhotra. ruled that Section 377 is unconstitutional as it infringed on the
fundamental rights of autonomy, intimacy and identity, thus legalising
homosexuality in India.
Some of the points in the verdict of apex court says:
* "Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to
equality for LGBT community."
* "Our Constitution nurtures dissent as a safety valve of society and it does not impose
conformity. We cannot change history but pave the way for better future."

* "Homosexuality is not a mental problem and the Parliament is also alive to the fact."
"LGBT community has the same rights like other members of society.”

* "Any kind of sexual activity with animals shall remain penal offence under Section 377 of
the IPC."
* "SC says consensual sex between adults in private space, which is not harmful to women
or children, cannot be denied ..

* "Human tendency to love among LGBT community members had. been caged by a 158 year
old law, Sec 377. Though 87 yrs after the law was born India got independence,
Legislature did not take measures to give LGBT community the equal
rights for sexual relation.
India is fastest growing economy in the world and it is trying to become powerful
and developed nation in the world . But this can only be done when the society
freely discus and accept the so called taboo issues of the country such as
homosexuality and support the new generation and their mindset .
For futuristic goals to be achieved the society has to take some steps and push
themselves forward to change themselves as well as others . The small step that
can be taken as providing sex education in the schools , colleges and homes.
Children should be provided such environment where the child should freely
discus sexual matters and sexual choices to family and teachers .Also it is
important for them to understand their choices and guide them accordingly.
Therefore, not only children but grown-ups or adults need more education and
sensitization as far as matters related to sex are concerned.
Also , the media filmmakers should depict the positive attitudes of this community
as the communication through television and newspaper plays a major part in
playing with the mindset of the Indian community .
As now the legislature is listening to the people who are fighting for their rights ,in
future there are chances that their will be decreasing intolerance, xenophobia and
other discriminating behavior. And people who are facing hatred from the people
or individuals , they will be supported and embraced the law and the legislature
will support them.
People will now freely express their thoughts and opinion and have equal rights
,status and dignity among the society . The limitation to freedom of expression
was set out in the law which foster a climate of hatred against homosexuals which
gave the society the chance to isolate these people and be biased .
At last it can be concluded in a quote :
“Whether it's men, women—it doesn't really matter. The
human race is filled with passion and lust. And to coin terms
like heterosexuality, homosexuality or even bisexuality makes
no sense . You are human. You love who you love. That
should be enough—no labels. No stigmas. Nothing. Just be to
be.
But life isn't that kind. People will always find things
to hate.”
― Krista Ritchie