RESEARCH ARTICLE ON DECRIMINALIZATION OF HOMOSEXUALITY AND LGBT ACTIVISM IN INDIA
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Abstract
With the advent of the 21st century, which happens to be a time of innovation and progression, where modernization is at the helm of the world, industrialization and globalization have contributed to material progress, there is still much scope for change with respect to certain beliefs and notions, on account of the conservative ideology imbibed in the minds of many, who have not been able to accept certain aspects of the transformed world. In the Indian context, in spite of technical progression, there has been social regression in certain areas, and the outlook towards the LGBT community is one such area. The blatant violation of human rights of this section of the population cannot be overlooked, and one could not possibly ignore the hatred, prejudice and discrimination that they have subjected to. The characteristics of the social and political background of the issue and the viewpoint that law as an institution takes to address it are analyzed in this essay. The socio legal contradictions and the need for the recognition of their rights is also put forth. The LGBT community’s struggle for acceptance and equality as a part of the general public, the type of difficulties that they face are to be noted and on account of these issues, decriminalization of Section 377 of the Indian Penal Code, which punishes homosexuality is definitely justified, with reference to the Supreme Court’s recent judgement in which the Victorian law was held to be unconstitutional. So this article attempts to furnish how the verdict is an epitome of rationalization, given the stigmatization that has been observed in the conservative Indian society.
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