In India, talking about homosexuality is like a sin, except few social activists and like minded people almost everyone have their own thinking about such people and their relationships. Its like a taboo. there is either lack of awareness or people just dont want to accept the truth behind it. What is LGBT ? Is it just a name given to a community.. and what this community consists of…are’nt they humans.. dose’nt they exist in society ? Studies have revealed that being a homosexual is not by choice but have biological base. Its basicaly a feeling that comes from within a person as he or she feels trapped when they are not allowed to behave in a way they exactly want to according to their biological needs. It is in the nature, homosexuality exists not only in humans but also in animals. For these people to be a part of so called civilised society is like living in the hell. Due to so much of disapproval from the society they feel oppressed , depressed and many a times commit suicides too. These people too have right to live a dignified life and everybody has to learn to respect their identity their feelings. Some says it is mental disorder, some people even goes to the extent of saying that it is a new fashion to be a homosexual. But i wonder how people will go for a fashion that excludes them from being part of the society that gives them so much hatred disappointment, disrespect. Studies have now revealed that being homosexual is not always by choice ..
Hon. Delhi High Court through its judgement in NAZ foundation case tried to restore faith of people belonging to transgender community in judicial system thereby being in favour of decriminalising section 377 of IPC .But the Hon. Supreme Court is not of the same view and has kept the section and its meaning as it is. This has again started nation wide debate whether same sex relation ship be criminalised or not.
There is need to be patient and understand clearly that being a homosexual is not a drama or fashion but its biological and there may be other factotrs too as different scientists have found in their studies. T hrough this paper the author wants to discuss various aspects related to homosexuality and its effect on society.
In simple words “homosexuality” means attraction towards same sex. sexual activity of humans as well as animals is a natural act. It forms the basis of life on earth. Sexual activity is not just related to giving birth but it plays a major role in social, emotional, physical, mental and other biological needs of human beings. Now what is sexual orientation? According to American Psychological Association, ” Sexual orientation is an enduring emotional, romantic, sexual or affectional attraction towards others… Sexual orientation exists along a continnum, that ranges from exclusive heterosexuality to exclusive homosexuality and includes various forms of bisexuality”
Though every one may have their own interpretation of sexual orientation , the author believes that to have our own sexual preferrence is no crime. Studies have also revealed that being a homosexual is not by choice. According to an article published on Live Science, the study conducted in 2014 found that “there is gene, Xq28 on X chromosome and a gene on chromosome 8 are found in higher pevelance in gay men. Another study has revealed that being lesbian or being gay tends to run in the family. In 2012 a study showed that homosexuality may also be , because of epigenetic changes in marks on DNA that turns certain genes on and off and this epigenome can also be passed on from generation to generation”
Scientists have also found that there are differences in DNA between gay men and their twin brother.
Law and Homosexuality in India
Section 377 (IPC). Unnatural offences:
Section 377 of IPC criminalises same sex relationships and says: whoever voluntarily has carnal intercourse against the order of the nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for aterm which may extend to 10 years , and shall also be liable to fine”
It is very important to raise a question here , that from where did this law came to India? whether homosexuality was a crime in ancient India? did ancient India considered homosexuality as against nature?
to answer this we should note what Goolam Vahanvati said before UN Human rights Council. ” Around the early 19th century, you probably know that in England they frowned on homosexuality, and therefore there are historical reports that various people came to India to take advantage of its more liberal atmosphere with regard to different kinds of sexual conduct. as a result, in 1860 when we got the Indian Penal Code, which was drafted by Lord MACAULAY, they inserted Section 377 which brought in the concept of ‘sexual offences against the order of nature’. Now in ndia we did not have this concept of something being against the order of the nature’ it was essentialy a western concept, which was remained over the years. now homosexuality as such is not defined in IPC and it will be a matter of great argument whether it is ‘against the order of nature'”
Position of law in U.K.
The creator of the said law (Section 377) itself has changed with the time as U.K. has amended the law by The Sexual amendment Act 1967 . the said act has decriminalised private homosexual acts between men aged over 21, while there are heavy penalties for such act in public. its been 49 years they themselves have amended the law who created it so what seems to be the problem with India Government? why are we still following it and making lives of our citizens miserable.
It should be the duty of stronger to protect the weaker and not to over power them and subject them to humiliations and exploitations, it is the society which plays an important role in making TG Community a weaker section of society thereby restricting their social economic and political rights to be exercised while they remain powerfull as they are living a dignified, social, economical and political life and enjoying every aspect of it. They are stronger by all means, not to supress a particular section of society but to help them raise and grow as they are growing in the society. Homosexuals are also human beings and they should be looked upon by the society as human beings first. Criminalising their sexual activity may result in more harm than good to society. Due to rejection the youth will loose their track of life and may end up doing things either harmful for them or for society and this may range from commiting suicide to developing hatered towards them who dislikes or disowns them and eventually harming or killing them for that matter. Its high time Indian mentality needs to be changed and TG’s should be socially accepted.