Evaluating The Legality Of Same-Sex Unions: A Comparative Analysis Concerning India
- IJLLR Journal
- May 7, 2024
- 1 min read
Saumya Singh, B.B.A. LL.B. (H), Law College Dehradun, Uttaranchal University, Dehradun (Uttarakhand)
Prof. (Dr) Lakshmi Priya Vinjamuri, Professor, Law College Dehradun, Uttaranchal University, Dehradun (Uttarakhand)
ABSTRACT
In India, same-sex relationships have a long history. Despite the view of some who disagree, an analysis of ancient Indian literature and traditions reveals a more progressive society that emerged in post-colonial India. The British authorized the Indian Penal Code and instituted criminal sanctions for same-sex relationships. Section 377 made these exchanges unlawful and enforced penalties and jail terms, creating a hostile climate for all parties. India’s social framework did not make things easy for this disadvantaged segment. With the advent of the 21st century, India saw a similar uprising propelled by global movements against oppression and discriminatory behaviors. Ultimately, the Supreme Court of India decriminalized same-sex partnerships with the landmark Navtej Johar case, and the privacy ruling gave the community a solid platform to promote their identity and rights. In light of the aforementioned paper, a doctrinal analysis of the LGBTQ+ movement in India will be carried out. The judiciary’s perspective and the Supreme Court’s role in evaluating and providing a liberal interpretation to protect the rights of this oppressed minority will be the main points of focus. The most recent developments will also be discussed, with special attention to the question of martial rights in light of the Delhi High Court case and possible future developments in India.
Keywords: same-sex, LGBTQ rights, Navtej Johar, Privacy, India