Research On Homosexuality In India

Deepa Inwati, LLM (Criminal Group), Sage University, Indore, India

ABSTRACT

This research paper depicts a brief explanation of homosexuality and its progress through various judgments and enactments, and recommendations that should be taken by the government and Supreme Court of India and its making the decriminalisation of consensual sex.

Index Terms –Indian Penal Code (IPC), Lesbian Gay Bisexual Transgender Queer Asexual (LGBTQA), Protection of Human Rights (PHR), Universal Declaration of Human Rights (UDHR).

1. Introduction

A sexual attraction to a person of the same sex, in other words, homosexuality, means choosing a sex according to one's own preference, this sexual preference between man and man, women and women. In our society, we gave them the name of the LGBTQA+ community.

These people are attracted to the same gender person and have sexual relationships with each other. Homosexuality is present in human beings but also present in animals and plants. This is a natural thing, but it is assumed to be unnatural.

But homosexuality is an offence in India under the IPC 1862 after the 2018 consensual relation is not an offence. Sec 377 of the IPC talk about the unnatural offence, which is punishable with imprisonment for life or 10 years imprisonment now in India. It is decriminalized. However, the U.S.A, U.K. and some other countries decriminalized homosexuality a long time ago. In the year 1933, Denmark decriminalized homosexuality, Poland in 1932, Sweden in 1944, and the UK in 1967.