Therefore, an individual's sexual orientation is protected under the country's Right to Privacy law. He said he wants Prime Minister Manmohan Singh to resolve the matter, while he wanted to avoid discord with the home ministry, who said the altered law would then result in an increase in criminal incidences of sodomy or offences involving sexual abuse of children, particularly boys. In doing so he alleged that the law even penalises health workers who treat homosexuals, while making this a cognizable and non-bailable offence.
History[ edit ] Erotic sculptures of two men centre at the Khajuraho temples. The Khajuraho templesfamous for their erotic sculptures, contain several depictions of homosexual activity. Historians have long argued that pre-colonial Indian society did not criminalise same-sex relationships, nor did it view such relations as immoral or sinful.
HinduismIndia's largest religion, has traditionally portrayed homosexuality as natural and joyful, though some Hindu texts do contain injunctions against homosexuality namely among priests. Hinduism also acknowledges a third gender known as hijra. There are multiple characters in the Mahabharata who change genders, such as Shikhandi who is born female but identifies as male and eventually marries a woman.
Bahuchara Mata is the goddess of fertility, worshipped by hijras as their patroness. The Kama Sutraa Sanskrit text on human sexual behaviour, uses the term tritiya-prakriti to define men with homosexual desires and describes their practices in great detail.
Likewise, the Kama Sutra describes lesbians svairini, who engage in aggressive lovemaking with other womenbisexuals referred to as kami or pakshatransgender and intersex people. The Sushruta Samhita and the Charaka Samhita delve further into the issue of homosexuality, stating that homosexuals are conceived when the father's semen is scanty and transgender people are conceived when the father and mother reverse roles during intercourse purushayita, "woman on top".
Homoeroticism was quite common in Mughal court life, and transgender individuals held high positions in courts of Mughal rulers in the 16th and 17th centuries.
Mughal Emperor Babur was known to have a crush on a boy, and recorded it in his memoirs. Other prominent Mughal men who engaged in homosexuality include Ali Quli Khanand poet Sarmad Kashani who had such a crush on a Hindu boy that he went to his home naked.
In contrast, homosexual acts were regarded as taboo among the common Mughal people. This made it an offence for a person to voluntarily have "carnal intercourse against the order of nature.
Navtej Singh Johar v.
Union of India Inthe Indian Government said that legalising homosexuality would "open the floodgates of delinquent behaviour". Section stated that: The shift in stance resulted in two judges of the Supreme Court reprimanding the Central Government for frequently changing its approach to the issue.
Shashi Tharoor is planning to re-introduce the bill.
The Court also ruled that a person's sexual orientation is a privacy issue, giving hopes to LGBT activists that the Court would soon strike down Section Criminalising carnal intercourse is irrational, arbitrary and manifestly unconstitutional. Homosexuality is part of human sexuality. They have the right of dignity and free of discrimination.
Consensual sexual acts of adults are allowed for [the] LGBT community. But we can set the course for the future. This case involves much more than decriminalizing homosexuality.Sep 07, · A gay rights activist celebrated in New Delhi on Thursday after India’s top court struck down a colonial-era law that criminalized consensual gay sex.
Samanth Subramanian writes about the India Supreme Court’s repeal of a ban on gay sex—a relic of the country’s colonial history—and the country’s path . Sep 06, · NEW DELHI — India’s Supreme Court on Thursday unanimously struck down one of the world’s oldest bans on consensual gay sex, a groundbreaking victory for gay rights that buried one of the.
Several organisations have expressed support for decriminalising homosexuality in India, and pushed for tolerance and social equality for lesbian, gay, bisexual, and transgender people.
India is among countries with a social element of a third gender. But mental, physical, emotional and economic violence against LGBT community in India prevails. Sep 06, · A gay rights activist waits outside the Supreme Court where a judgement on Section of the Indian Penal Code, that criminalizes homosexuality, is to be delivered in .
Celebrations erupt in India after landmark gay rights ruling – video Celebrations have erupted in India after the supreme court unanimously ruled to decriminalise homosexual sex in a landmark.