Rimjhim Gupta, Symbiosis Law School, Noida
ABSTRACT
The world saw a revolution every time the limit of acquiescence broke. The classification of society isn’t a novel development. Class divide, caste divide, ethnic and racial discrimination, religious conflicts and gender division have always invaded the peace of the society. These natural-built turned into man-made social barriers have proved to be the gas chambers in world-wide Auschwitz. One such issue prevailing in the society is the discrimination faced by homosexuals. Unseen, unvalued and unrecognized, this sect has always been subject to scrutiny and issue of legality for decades.
Kohler explains law as being based on reason and that the actual law at any time in any country depends upon the stage of development of the people concerned. This definition of law has proved substantial in proving the dynamism that law holds, allowing the States to empower the ones who have been wronged. Homosexuality has had a rocky start, often finding the standi stuck in a whirlpool. However, the fight continues against all odds towards a stable future.
Homosexuality is as much a social and legal issue as it is a personal identity. The concept has evolved itself in a few years and has led landmark developments to be made in both international and Indian context. When and how the lacunas in the existing system will be ruled out, is yet to be seen.
