Analysis Of Conversion Therapy In India Through Article 21

Anuradha Padhy & Pallavi Chikkala, KIIT School of Law, Bhubaneshwar, Odisha

ABSTRACT

Right to Sexuality encompasses one’s right to express their sexual orientation and be free from any discrimination based on their sexual orientation. Right to sexuality also falls under one’s right to privacy as well as their right to live with dignity. In 2018, the Supreme Court held that the Constitution of India prohibits discrimination based on sexual orientation, for it falls under the category of “sex”. But, even in the present times, the society is yet to accept homosexuality as an orientation and not as a disease. There exist practices where it is believed that they can cure a person’s “homosexuality”. Such practices are known as Conversion therapy. This paper aims to analyse what is Conversion Therapy, the laws regarding Conversion therapy in various countries, and Conversion therapy in light of Article 21 and Judicial pronouncements, if any.

Keywords: Sexual Orientation, Homosexuality, Article 21.