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| Source : Wikimedia |
Romantic enduring partner either in sexual attraction or behavior of same gender or sex is termed as Homosexuality. Being considered as taboo in India compared to other nations falsely displaying aggressive or harassing lifestyle on digital platforms inscribing on to the minds of people has become contagious. Being denied of jobs,Bullying, Physical Violence and Untouchability by other communities made them oppressed.
Indian Penal Code states that homosexuality is punishable under section 377 and it defers that consensus sex between two adults of same gender would be punishable. A Public Interest Litigation (PIL) was filed challenging IPC Sec.377.
Nazz Foundation Vs NCT of Delhi :
High Court of Delhi striked down Section 377 to be unconstitutional as it is violating Fundamental Right of Equality before Law , Freedom from discrimination and Right to life as mentioned Part 3 of the Constitution under Art. 15,16,21.
Koushal Judgement:
Supreme court ruled out the judgement of Nazz Foundation by High Court and upheld the constitutionality of Section 377 stating it was against the ethos and culture of India in having unnatural adult sex.
Koushal judgement in present Society:
Many states have given importance in basic services for transgenders in states like Tamilnadu and Kerala. European and American countries started upholding the Transgender Rights. In a competitive developing economy, Rights of everyone has to be protected which might push Supreme Court to reconsider the judgement in the present context.
Way Forward:
1. Supreme Court, being the protector of Fundamental Rights should revisit the judgement.
2. In Indian Context protecting and respecting people, Homosexuality has to be adopted.
3. LGBT community has to be given dignity of life under Part 3 of the constitution and to be considered by the parliament for a safer society.
Conclusion:
In Indian Context of 'Tritiya Prakriti' being mentioned in Vedas and Festivals where cross dressed dieties are worshippe, LGBT has to be given dignity of life as in the western countries and adopt them into the nation. Reconsideration by supremecourt and adoption of International laws protects the rights of Homosexualityin democratic and sovereign country like India.