The word ‘Homosexuality’ means, romantic or sexual attraction or behavior among members of the same sex. Homosexual individuals choose members of their sex for sexual relations and domestic partnership. Such people usually hide their feelings and activities out of fear of disapproval and violence. They are often the target of prejudice and sarcasm.
‘Homosexuals’ a word which was sufficient to raise eyebrow, and discussing it was a strict 'no-no' has been the subject of discussion for some time in India, though there has been an increasing trend towards visibility, acceptance and civil rights for gays and lesbians since 1950's.
Section 377 of IPC which is a law 149 year old termed homosexuality a crime punishable with imprisonment for life or with 10 years. Though our country has hardly noticed any convictions in last 20 years, this section is a major cause of fear and shame for the LGBT. On 3 July 2009 India could became the 127th country to take the guilt out of homosexuality, when the High Court of Delhi in its landmark judgment had decriminalized homosexuality terming it violative of Articles 14, 15 and 21 of the Constitution. In fact, going beyond decriminalizing homosexuality, the Delhi High Court had widened the ambit of Article 15 of the Constitution of India, which prohibits discrimination on grounds of sex, religion and caste. It had expanded the term 'sex' to include sexual orientation, which means a person cannot be discriminated against on grounds of sexual preference. The verdict opened the door to the Right to life with dignity for homosexuals in India and is termed as nothing but the recognition of equality of every citizen. The ruling has brought a ray of hope for lesbians, gays, bisexuals and transgender of the whole nation.
The judgment aroused strong reactions from religious and political groups which claimed that the ruling would lead to the ruination of society and family values. Social workers and psychologists however welcomed the order, describing it as scientific and humane. However that judgment was overturned by the Supreme Court of India on 11 December 2013, with the Court holding that amending or repealing Section 377 should be a matter left to Parliament, not the judiciary.
Jawaharlal Nehru once said, "If there is one Constitutional tenet that can be said to be the underlying theme of the Indian Constitution, it is that of inclusiveness." In current scenario section 377 of IPC exists unmodified and the rights of LGBT are yet to be recognized. Being 'different' should hence be not a reason for denying them Right to Equality and Right to Life with a ray of hope, hope of acceptance and inclusiveness.
