RECONSIDERING GENDER JUSTICE: AN ANALYSIS OF THE INDIAN SUPREME COURT’S RULINGS ON HOMOSEXUALITY AND ADULTER
Keywords:
Homosexuality, Adultery, Transgender, DecriminalizationAbstract
Gender refers to an individual’s self-identification as a man, woman, transgender or other identified category. Generally, it can be either male or female or a third gender. Transgender/Hijras are identified either as male or female. In National Legal Services Authority v. Union of India & Ors. (NLSA case), the Supreme Court of India, declared transgender as the third gender in the year of 2014. Though, both men and women have equal roles in the creation and development of families, nations and society at all times, but socio-legal equality among them has been one of the major issues all over the world. The gender sensitive Indian laws protected the women considering her victim in the male dominated society and as the property of husband. The two landmark verdicts of the Supreme Court of India, decriminalized homosexuality under section 377 and adultery under section 497 of Indian Penal Code on 6th & 27th September, 2018, while reconsidering gender justice on the grounds of fundamental rights under Articles 14, 15, 19, and 21 of the Constitution. The present paper discusses the extent and impact of decriminalization of homosexuality and adultery in the verdict of the Apex court to a more than one and half century old statute.
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