From Antiquity To The Apex Court: Re- Evaluating Homosexuality In The Indian Context In Light Of Supriyo @ Supriya Chakraborty V. Union Of India

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Divyaditya Singh, Symbiosis Law School, Noida

ABSTRACT

This article ponders upon the origin of same-sex relationships, dating back to Ancient Greece and Rome, highlighting that homosexuality is not a recent phenomenon. The article further seeks to critically examine the arguments grounded in customs celebrating homosexuality as well as legislations and precedents propounding the rights of LGBTQ+ individuals. These arguments are based on the recognition of homosexuality as a natural variation from traditional and conservative gender norms. Furthermore, these arguments revolve around basic principles of equality, liberty, dignity and other fundamental human rights. On the other hand, opponents argue against same- sex relationships based on religious, cultural and traditional norms and beliefs, asserting that homosexuality, a recent phenomenon, often contravenes age-old practices. This article examines the ideas as well as the ethical, social and legal perspectives on homosexuality. It provides a balanced view of the complex issues surrounding homosexuality in India, such as social attitudes and acceptance, legal rights and recognition. The article also discusses the aftermath of the decriminalisation of same-sex relationships in India, seeking to understand the challenges and issues arising from the recognition of diverse sexual orientations.

FROM ANTIQUITY TO THE APEX COURT- RE-EVALUATING HOMOSEXUALITY IN THE INDIAN CONTEXT IN LIG.

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