Update :-

  • On 6th September, 2018, Supreme court gave judgement on section 377, which decriminalized homosexuality in India. But homosexuality and same-sex marriages are still not legalised.

Background :-

  • LGBT (Lesbian, Gay, Bisexual and Transgender) communities are fighting for their rights, to decriminalize homosexuality and to legalize it.
  • Homosexuality is not something which happens by choice. They are born that way. Scientists say that reason is the combination of genetic and hormonal influences. And few people argue that it’s a choice.
  • Section 377 of IPC (Indian Penal Code) – Unnatural offences -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 term which may extend to ten years, and shall also be liable to fine.
  • This section 377 was introduced, while India is undergoing British rule in 1861.
  • In 113 countries including 10 Muslim countries, homosexuality is legal. In more than 76 countries including India, it is illegal.
  • In July 2009, Delhi high court decriminalized homosexuality and declared that Section 377 of IPC is unconstitutional, as it violates article 14, 15 and 21 of the constitution
  • In December 2013, Supreme court overturned the judgement of Delhi High court and declared that Section 377 does not suffer from vice of unconstitutionality and thereby again homosexuality is criminalized with imprisonment for life or even death.
  • Homophobia means to have negative attitude towards homosexuals. Homophobia happens because of irrational fear, prejudice and religious beliefs.
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In Favor :-

  • Section 377 of IPC violates article 14 &15, i.e state should not discriminate anyone based on their religion, caste, sex, race or place of birth.
  • Section 377 of IPC violates article 21, ie. Right to dignity, right to personal liberty and right to privacy.
  • Some argue that homosexuality is ‘unnatural’. But they have no valid explanation why it is unnatural. The cause of their arguments is their homophobia.
  • Criminalizing homosexuality violates human rights.
  • There is no point in threatening them to change their sexual orientation, when they are born that way.
  • Criminalization of homosexuality will deprive HIV/AIDS affected gays from using the medical facilities available to them. They can’t even approach doctors to seek help as they’ll have fear of imprisonment.

Some Myths :-

  • Myth 1 – The children of same-sex couples will have psychological problems – Children will be emotionally stronger, when they grown up in happy same-sex couples rather than in abusive heterosexual relationship. What all matters is the behaviour of people in the family, but not gender.
  • Myth 2 – It is against to religious beliefs – Who created the religion? It’s we, humans created the religions and rules. There is no point in arguing that homosexuality is against to religious beliefs.
  • Myth 3 – Homosexuality came from western culture – Homosexuality exists in the east from ancient times, not only in India, but also in China and some other east countries too. It was mentioned in the ancient scriptures also. It’s not the homosexuality, which came from the west but Homophobia.
  • Myth 4 – It encourages others to become homosexuals – Nobody can change their sexual orientation.
  • Myth 5 – Breakups are more in Same-sex couples – Breakups happens in all types of relationships, not just in homosexuals. And there are no. of happy homosexual couples.
  • Myth 6 – Psychological problems exists in homosexuals – These psychological problems are a result of the stigma they face from the society and criminalization of homosexuality. Many gays, transgenders are staying in closet because of society’s attitude. As a result they are forced into unhappy marriages, which further complicates the problem.
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Conclusion :-

As far as something doesn’t harm anyone including oneself, it is not a crime. The same is the case with homosexuality. What’s wrong with it, if they find emotional support in the same-sex? We are living in a democratic country. In democracy, the rights of minority must be protected from the stereotyped views of majority. We all should support LGBT peoples right to have a dignified life. This is the right time for parliament to legalise same-sex marriages in order to uphold human rights.

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  • Preethi, Dec 28, 2022 @ 7:01 pm Reply

    Love is all about love…. Love doesn’t mean any sexuality….. According to me homosexuality should be legalized.

  • Mr daya, Nov 17, 2021 @ 9:41 pm Reply

    I think we should support whole community LGBTI becouse if somebody likes his same gender then what it is her and his personal life & we can’t interfare one more thing if we show them like criminal this is not fare with then becouse this is not the fault of them this is just god’s creation so just chill

  • Javeriya Fathima, Sep 18, 2020 @ 12:03 pm Reply

    I have seen here in the comment section that people are saying it’s an absurd act. I don’t agree with this, How can you not give a person their right to privacy they are the way not by choice and we are no one to judge or control someone’s life. They too must have the right to lead their life as they want it’s their choice and primary right. Being in a democratic country we shouldn’t force a community to live a life as we want, it would be an injustice to their whole community. What if you were born as a Lesbian /Gay / BiSexual / Transgender / Queer ? Wouldn’t you fight for your rights? Wouldn’t you be depressed that society is not accepting you because of your biological disorders? What’s wrong if someone is getting emotional strength being homosexual. I think that everyone has their right to live as their choice.

  • Spark, Sep 8, 2018 @ 5:39 pm Reply

    Homosexuality is a sort of disorientation from usual pattern, present in a person since birth or developed over a period of time due to hormonal Imbalance., freedom is a constitutional right granted to all citizens equally ,so it is right of every individual to exercise his freedom of expression and live a life of dignity.

  • Tinku paul, Jun 8, 2018 @ 7:06 am Reply

    According to me Homosexually should not be legalized because it is absurd. People always attract by opposite sex .It has been continuing decade after decade. Man always wants to sex with woman and accordingly woman also with man it is an usual.If somebody attract with same sex it is perversion of mind and it cannot continue for long time.Sex is a part of life , it maintains the balance of the people.Male and female they get married after that they reproduct their child in this way people maintains the generation.So it is an usual. So Homosexuality should not be legalized.

    • marshmellow, Oct 23, 2018 @ 10:24 pm Reply

      Everybody is different. It is how people are or how people want to be..we are really no one to judge. Not everybody is attracted to the opposite gender..and talking about future generations and reproduction trust me our country’s medicine has developed there are different ways to get through it.. and why do we have to think about what people have been following from decades..we do not have to right?..we have no right to make a statement about how long somebody’s love is going to last..I personally think that as time changes our thoughts should also change not stating that we have to forget our religion but support other people and their thoughts.
      I think homosexuality should be legalized (let people live the life they want.)
      This is just a personal opinion.
      thank you!

  • P. Kolandasamy, Puducherry, May 12, 2018 @ 7:54 am Reply

    Sexuality is individual private affair
    , but it has consequences. We have to keep it in mind. Culture, civic responsibility, vulnerability , family condition to be considered.

  • Wisdomseeker, Jan 14, 2014 @ 10:01 am Reply

    If sexually defunct acts such as homosexuality when analyzed logically is clearly an unnatural act as it is anatomically absurd to pursue such an act. The natural act involves physical organs that are logically in the physical set up of humans for the specific objective of reproduction, relationship and enrichment of lives between people of the opposite sex. The organs involved in the unnatural act can never be logically justified to a sane person as it is similar to person insisting to live against all known conventions of hygiene in a toilet where he insists to live, sleep and eat despite of the fact that he has a house. In this act emotions overcomes logic, absurdity overcomes sanity. The desires for these acts if found embedded in the human being from birth then this is a deformity on an organic and an emotional level which needs to calibrated and corrected to the standards of human intelligence and mere acceptance of these orientation as an individual choice is similar to accepting the behavior of a mentally defunct being or schizophrenic child or mentally deranged killer as an individual choice hence normal. This act if encouraged can cause a severe hindrance in the increase of our human species as these acts serves no reproductive purpose but just causes an emotional high in a mentally defunct set-up.

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