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The Forbidden Mind: A Psychological, Legal And Ethical Inquiry Into Non-Normative Sexual Behaviour And Their Place In Modern Jurisprudence




Shubham Shushma Baadkar, Thakur Ramnarayan College of Law


ABSTRACT


With the growing recognition of legal rights and the increasing political and social acceptance of the LGBTQ+ community, lawmakers are brainstorming to integrate them into legal and societal frameworks. While the LGBTQ + community has made a point that the entire society listens to them loud and clear, making significant strides towards gaining societal acceptance, there remains a subset of individuals, in the dark, in the shadows reluctant to reveal their sexual preferences. These individuals are stigmatized, described as ‘mentally ill’ and deemed to have 'psychological disorders.’


The object of this research paper is to dive into the psychology of these individuals who indulge in acts such as necrophilia, bestiality and paedophilia and evaluate whether these behaviours are truly ‘against the order of nature’. This research paper aims to comprehend a critical question – where do the legislators draw the line when categorizing sexual behaviours as legitimate or illegitimate, natural or unnatural, humane or inhumane, on what basis the line is drawn and what were the considerations taken into account behind these distinctions?


Furthermore, this research paper aims to discuss whether a legislative piece can be enacted, keeping in mind the peculiarity of the act, it seeks to evaluate whether perpetrators of the act can be provided with any legal or human rights. The paper endeavours to determine whether they can be considered analogous to the LGBTQ+ community in terms of legal and societal recognition.


Keywords: Legal rights, LGBTQ+, Psychological, stigmatised, necrophilia, bestiality, paedophilia, social recognition, framework, legislation, constitutional rights, judicial interpretation, human rights, human dignity, criminal law



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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