PROTECTION AGAINST VIOLENCE AND DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY

Abstract

Homosexuality is one of the most ancient debated issues in almost every society. Lesbian, gay, bisexual, transgender, and intersex people in India face legal and social difficulties not experienced by non-LGBT persons. The fifth Law Commission, had undertaken a comprehensive review of the more than a century, old IPC, and sought ‘informed public opinion’ on decriminalization of homosexuality and the punishment provided therefore, and decriminalization of consensual sexual act between adults in private for suggesting reforms in the provisions of section 377 of the Penal Code. The Supreme Court in its September 6, 2018 verdict ruled that its 2014 NALSA judgment granting legal recognition to transgender cannot be applied to lesbians, gays and bisexuals. The judgment of Supreme Court of India, however, declared that insofar as Section 377 criminalizes consensual sexual acts of adults in private, it is violative of Articles 14, 15, 19 and 21 of the Constitution. The court unanimously ruled that individual autonomy, intimacy, and identity are protected fundamental rights. In the light of the Supreme Court’s verdict of September 6, 2018 the present paper analyses the constitutional rights of the LGBT community in India, understanding section. 377 Judicial pronouncement on this issue.