IndexAbstractIntroductionConcept of LGBTSocietal Attitudes towards HomosexualityAbout Section 377The Road to Decriminalization of Homosexuality in IndiaConclusionAbstractThe topic of my research work focuses on the most controversial and stigmatized term ""homosexuality.' Introducing homosexuality is a romantic or sexual attraction or behavior between people of the same sex. As a sexual orientation, homosexuality refers to an enduring pattern or disposition of feeling sexual affection or romantic attraction primarily toward people of the same sex. It also refers to an individual's sense of personal and social identity based on those attractions, the behavior that expresses them, and membership in a community of others who share them. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Common terms used for homosexuals are "gay," "lesbian," "bisexual," or "transgender," and collectively known as LGBT people. Homosexuality, believed to be of Western origin and culture, has spread in India over the past decade, with a surprising force on our Indian society and culture. Homosexuality is considered a taboo subject, both by Indian civil society and by our legal system. Public discussion of homosexuality has been inhibited by the fact that sexuality in any form is rarely discussed openly in our country. The attitude towards homosexuality is extremely negative, however it is a stark reality that homosexual behavior has always existed in India, sometimes in the form that is culturally sanctioned such as, in the Hijras, and other times in invisibility and silence. Section 377 of the Indian Penal Code, 1860 criminalizes homosexual acts (both consensual and non-consensual). Many celebrities, both national and international, have also taken the side of homosexuals when it comes to supporting them in exercising their fundamental rights. Introduction Lesbian, gay, bisexual and transgender people are more likely to experience intolerance, discrimination, harassment and threat of violence because of their sexual orientation than those who identify as heterosexual. This is due to homophobia (the fear or hatred of homosexuality). Some of the factors that can reinforce homophobia on a larger scale are the moral, religious, and political beliefs of a dominant group. In some countries, homosexuality is illegal and punishable by fines, imprisonment, life imprisonment, and even the death penalty. Human sexuality is experienced differently and can be fixed or fluid. Male/female sexuality is further clouded by the existence of people who identify as transgender, transsexual, and intersex. Heterosexuality should no longer be taken for granted; this assumption is called heterosexism. Although many societies have made great strides in defending human rights, LGBT rights struggle to find universal acceptance. The fact that the Universal Declaration of Human Rights, drafted in 1948, does not specifically include sexual orientation allows some people to consider LGBT rights questionable. Influential international human rights organizations such as Amnesty International and Human Rights Watch continue to conduct effective campaigns. In the coming years the main issues for LGBT rights on a global scale will be: eradicating persecution based on sexual orientation; legal protection from hate crimes and hate propaganda; equal rights and privileges (marriage, common law unions, decision makingmedical, wills and estates, parenting and adoption) and to work with and educate others about homophobia and heterosexism. They are targeted for physical attacks: beaten, sexually assaulted, tortured and killed. And in some 76 countries, discriminatory laws criminalize private, consensual same-sex relationships – putting individuals at risk of arrest, prosecution, imprisonment – ​​even, in at least five countries, death penalty. The concept of LGBTLGBT is an initialization that stands for lesbian, gay, bisexual and transgender. The initialization LGBT is intended to emphasize a diversity of cultures based on sexuality and gender identity and is sometimes used to refer to anyone who is non-heterosexual or non-cisgender rather than exclusively to lesbian, gay, bisexual, or transgender people. To recognize this inclusion, a popular variant adds the letter Q for those who identify as queer and/or question their sexual identity as LGBTQ, registered since 1996. Whether or not LGBT people identify openly may depend on the fact that they live in a discriminatory context. environment, as well as the status of LGBT rights where you live. Before the sexual revolution of the 1960s, there was no common, non-derogatory vocabulary for non-heterosexuality; the most similar term, "third gender", dates back to the 1860s but never gained wide acceptance in the United States. The first widely used term, homosexual, was thought to carry negative connotations and tended to be replaced by homophile in the 1950s and 1960s and later gay in the 1970s. As lesbians forged public identities, the phrase "gay and lesbian" became more common. Lesbians who held a more essentialist view of being born homosexual and used the descriptor "lesbian" to define sexual attraction, often considered the separatist and angry views of lesbian feminists to be harmful to the cause of gay rights. This was also soon followed by bisexual and transgender people seeking recognition as legitimate categories within the larger community. Societal Attitudes Toward Homosexuality Societal attitudes toward homosexuality vary greatly between different cultures and historical periods, as do attitudes toward sexual desire, activity, and relationships in general. All cultures have their own values ​​regarding appropriate and inappropriate sexuality; some approve of same-sex love and sexuality, while others may disapprove of such activities to some extent. As with heterosexual behavior, different sets of prescriptions and prohibitions may be given to individuals depending on their sex, age, social status, or social class. Many cultures around the world have in the past considered procreative sex within a recognized relationship as a normative sexual act – sometimes exclusively, and sometimes together with the norms of same-sex love, be it passionate, intimate or sexual. Some sects within some religions, especially those influenced by the Abrahamic tradition, have repeatedly censored homosexual acts and relationships, in some cases implementing severe punishments. Homophobic attitudes in society can manifest themselves in the form of anti-LGBT discrimination, opposition to LGBT rights, anti-LGBT hate speech, and violence against LGBT people. Since the 1970s, much of the world has become more accepting of homosexual acts and relationships. . A 2017 book by Professor Amy Adamczyk, based on years of mixed-methods research, shows that these cross-national differences in acceptance can be explained by three factors: the strength of institutionsdemocracy, the level of economic development and the religious context of the places where people live. The Pew Research Center's 2013 Global Attitudes Survey finds broad acceptance of homosexuality in North America, the European Union, and much of Latin America, but equally widespread rejection in Muslim-majority nations and Africa, as well as in some parts of Asia and in Russia." The survey also shows that «acceptance of homosexuality is particularly widespread in countries where religion is less central in people's lives. These are also among the richest countries in the world. By contrast, in poorer countries with high levels of religiosity, few believe that homosexuality should be accepted by society. Age is also a factor in several countries, with younger respondents offering much more tolerant opinions than older ones. And although gender differences are not prevalent, in those countries where they are found, women consistently accept homosexuality more than men. About Section 377 Section 377 of the IPC deals with “unnatural offences” and holds that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of any kind for a term which may extend to ten years, and shall also be liable to fine.' Timeline of Section 377: 1861: The year in which Section 377 was introducedSection 377 was introduced by the British L 'India during the pre-independence era which was modeled on the Buggery Act of 1533. This section of the Buggery Act was drafted by Thomas Macaulay in 1838 and came into force in 1860. The section defined "buggery" as an unnatural sexual act against will of God and man, thus criminalizing anal penetration, bestiality and homosexuality, in a broader sense Go to 2001: Naz Foundation filed a petition against Section 377 in the Delhi High Court In. Over time and over the years, Section 377 had sparked numerous controversies with activists who contested it in various capacities. In 2001, the Naz Foundation filed a petition challenging the constitutionality of Section 377 in the Delhi High Court on the grounds that the law was precedent-setting and invalid in the 21st century. They filed a lawsuit to allow same-sex relationships between consenting adults. 2003: Delhi HC rejects Naz Foundation's plea The Delhi High Court in 2003 rejected the petition filed by Naz Foundation seeking ban on Section 377. The High Court then said that the body had not no position on the matter. The Naz Foundation brought forward the appeal before the country's highest court to reject the hearing. The Supreme Court then directed the Delhi High Court to reconsider the case. 2009: In an iconic ruling, the Delhi High Court decriminalized homosexuality. In a historic decision, the Delhi High Court decriminalized homosexuality between consenting adults, deeming it in violation of Articles 14, 15 and 21 of the Constitution of India. This decision was welcomed by activists and people from the LGBTQ community.2012: Supreme Court overturns Delhi HC orderAfter the landmark judgment of the Delhi High Court, several appeals were filed before the Supreme Court, challenging the authority of the High Court to change the law. Three years after the iconic decision of the Delhi High Court in December 2012, the Supreme Court quashed the HC decision after finding it “legally untenable”. A two-judge bench, comprising Justice GS Singhvi and Justice SJ Mukhopadhaya, observed that the Delhi HC had overlooked the fact that "a tiny fraction of the country's population constitutes theLGBT community" and that in over 150 years fewer than 200 people have been prosecuted for committing an offense under the section. The Supreme Court then recommended that Parliament address the issue because it alone had the power to amend existing laws and introduce a new law in the country. 2015: Shashi Tharoor's Private Members Bill was voted against in the ParliamentAfter the 2014 Lok Sabha elections, the Narendra Modi-led government took oath a decision regarding Section 377 only after the Supreme Court judgment. In a written reply addressed to the Lok Sabha, Minister of State (Home) Kiren Rijiju had said, “The matter is placed before the Supreme Court Section 377 of the IPC can be taken only after the pronouncement of the judgment by the Supreme Court. “A year later, when Member of Parliament Shashi Tharoor introduced a private member's bill to decriminalize homosexuality, the Lok Sabha. voted against.2016: Five petitioners move to SC seeking justice on Section 377. Five petitions were filed by S Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur before the apex court. The petitions, all submitted by well-known LGBTQ activists, called for their “rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, along with other fundamental rights guaranteed by the Party. III of the Constitution, are violated by Section 377." The 5 men and women who challenged the ban on homosexuality were all from different walks of life.2018: The dawn of a new era for Section 377 and the LGBTQ communityIn the year 2018, the apex court started the hearing of cases and petition files on Section 377. A five-judge Constitution Bench, headed by Chief Justice of India Dipak Misra and comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malh will step up efforts to eliminate the stigma and discrimination against LGBTI people. It is also hoped that the ruling will be the first step towards guaranteeing the full range of fundamental rights of LGBTI people. Bollywood celebrities like Karan Johar, Sonam Kapoor, Farhan Akhtar and director Hansal Mehta, among others, have welcomed the Supreme Court ruling on legalization of homosexuality. Here's how the Supreme Court's move was received by people from all walks of life: The road to decriminalization of homosexuality in India In a landmark decision, the Supreme Court has finally struck down a 19th century law that criminalized homosexuality in India. Dipak Misra and Justices DY Chandrachud, AM Khanwilkar, Indu Malhotra and Rohinton Fali Nariman started hearing petitions challenging Section 377 of the Indian Penal Code Act in July this year. On September 6, in a unanimous verdict, the court ruled that homosexuality is no longer a crime in India and that members of the LGBTQ community have the same sexual rights as any other citizen. acts between consenting adults, whether homosexual or heterosexual, is unconstitutional," Chief Justice Misra and Justice Khanwilkar said in their ruling. The decision follows a long struggle by activists and community members against the repressive law, introduced in 1861 when India was under British rule. He threatened imprisonment, even life imprisonment, and a fine for those who engaged in what he labeled "unnatural crimes" or intercourse "against the order of the nature". Here is a timeline of the battle against section 377 in India, which began in 20years ago: November-December 1991: A document detailing the experiences of gay people in India is published by the AIDS Bhedbhav Virodhi Andolan (ABVA), an organization that fights discrimination against people with HIV or AIDS. The 70-page report reveals the shocking extent of blackmail, extortion and violence suffered by gays, especially at the hands of the police. The report calls for the repeal of legislation that discriminates against members of the LGBTQ community, including Section 377. But when they are released to the Press Club of India, journalists would be so embarrassed that they would not raise a single question. May 1994: Controversy erupts after Kiran Bedi, Inspector General of Tihar Prison in Delhi, refuses to provide condoms (pdf) to inmates, saying it would encourage homosexuality, as well as admitting that inmates practice it. In response, the ABVA files a writ petition in the Delhi High Court, demanding that free condoms be provided and that Section 377 be found to be unconstitutional. Despite long-term efforts to mobilize support, the petition is ultimately rejected in 2001. December 2001: The Naz Foundation, a sexual health NGO working with gay men, files a public interest litigation (PIL) at the High Court Delhi court, challenging the constitutionality of section 377 and demanding the legalization of homosexuality. September 2004: The Delhi High Court dismisses the case, saying there is no cause of action and that purely academic questions cannot be heard by the court. A review request presented by the Naz Foundation was also rejected a few months later. February 2006: After Naz Foundation files a special leave petition in the case, the Supreme Court reinstates it in the Delhi High Court, citing the fact that it is a special leave petition. matter of public interest. In the coming months, Voices Against 377, a coalition of NGOs, will join the petition, while India's Ministry of Home Affairs will submit an affidavit against the decriminalization of homosexuality. July 2009: In a landmark judgment, a Delhi High Court bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar decides to quash Section 377, saying it violates the fundamental rights to life, liberty and security. equality enshrined in the Indian Constitution. But critics, including Suresh Kumar Koushal, a Delhi astrologer, are challenging the Delhi High Court's decision in the Supreme Court. December 2013: The LGBTQ community suffers a major blow when the Supreme Court overturns the Delhi High Court ruling, saying that Section 377 “does not suffer from the vice of unconstitutionality and the declaration made by the division bench of the high court is legally unsustainable.” June 2016: Navtej Singh Johar, an award-winning Bharatanatyam dancer, files a writ petition in the supreme court challenging Section 377 , along with four other high-profile Indians, including chef Ritu Dalmia and hotelier Aman Nath. August 2017: A nine-judge bench of the Supreme Court hearing petitions against India's Aadhaar biometric program unanimously rules that privacy is a fundamental right. In its ruling, the Court further states: “Sexual orientation is an essential attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the individual's dignity and self-esteem,” raising the hopes of those campaigning against section 377. April 2018: Famous hotelier Keshav Suri, who identifies as gay, joins fight group, petitions supreme court. July 2018: a panel of five judges of the supreme court,.