Syed Muqhtadir Hussain, School of Law, Christ University, Bangalore
ABSTRACT
Rights are an inherent part of humans. No human is without his or her individual freedoms and rights. Equality before law and equal protection before law is a fundamental right of an individual and homosexuals may have the same rights under the constitution. Article 15 (1) of the constitution of India states that the, “state shall not discriminate on the grounds of religion, race, caste, sex or place of birth. However, it is necessary to note that no mention of gender has been made”. The supreme court in its judgement of Suresh Kumar Kaushal decriminalized homosexuality and termed it unconstitutional, this was done at a time where Naz foundation an NGO challenged this section of the IPC. The reliance of the philosophy from the advocates of right to be a homosexual is based on harm’s principle and consent. Wherein the idea discussed is since there is consent and no harm it is moral. The paper aims to draw the difference between Legal rights and moral rights, further explaining that how morality and law cannot be in line with each other in many cases. The object of this paper is to re iterate the points of Ethics, Morality and Forms of sexual intercourse which may deem appropriate. An idea of self-harm is also developed in this paper to substantiate the points.
Keywords: Homosexuals, Legal rights, Moral rights, Ethics, Sexual Intercourse
