UPSC MAINS SOCIOLOGY SYLLABUS
Paper 2 – Section C – (vii) Challenges of Social Transformation:
Crisis of development: displacement, environmental problems and sustainability.
Poverty, deprivation and inequalities.
Violence against women.
Caste conflicts.
Ethnic conflicts, communalism, religious revivalism.
Illiteracy and disparities in education.
INTRODUCTION
After India’s Supreme Court decriminalized homosexuality, many have raised the question of taking the step towards legalizing same-sex marriage. As of now, along with not recognizing same-sex marriages, Indian law does not provide for civil unions. Gay and lesbian couples are also not allowed to have children born with the help of an Indian surrogate mother. An LGBTQ person can apply to Central Adoption Review Authority for adoption only as a single parent.
IS HOMOSEXUALITY AGAINST INDIAN CULTURE?
The Britishers proscribed consensual ‘homosexual conduct’ by introducing Section 377 in the Indian Penal Code in 1861. However, criminalising homosexuality reflected European morality based on their religious beliefs more than Indian instincts.
Ancient India vindicated the presence of varied sexual orientations and the identity of transgender persons. The fluidity of gender, for humans and yakshas, is an acknowledged concept in ancient India. Queerness can be traced back to Indian history, from ancient epics and scriptures to medieval prose, poetry, art and architecture.
Mahabharatha has the story of Shikhandini or Shikandi, who was responsible for the death of Deveratt Bhishma. Matsya Purana has an intriguing story where Lord Vishnu transitioned into a beautiful woman, ‘Mohini’. Chapter nine of Kamasutra by Vatsyayana discusses oral sexual acts, termed Auparashtika, homosexuality and sexual activities among transgender persons.
Sufi Saint Bulleh Shah had pre-modern notions of sexuality and religion and portrayed them in his writings. Johan Stavorinus, a Dutch traveller, wrote about male homosexuality among Mughals in Bengal in his Voyages to the East Indies.
HOMOSEXUALITY IN INDIA THROUGH THE LENS OF LEGAL PRONOUNCEMENTS
The case of Naz Foundation v. Government of NCT of Delhi (2009) is one of the most influential decisions made by the Delhi High Court. The Court ruled that sexual preferences are protected by the individual’s right to dignity and privacy since Section 377 directly infringes on the aforementioned right, it breaches the core of Article 21.
National Legal Services Authority v. Union of India (2014) – In 2014, the Supreme Court in this landmark case gave legal recognition to the ‘third gender.’ The Court observed that for the purpose of preserving the rights under Part III of our Constitution and the regulations passed by Parliament and the state legislature, ‘Hijras’ and ‘Eunuchs’ should be considered as ‘third gender’ in addition to binary gender. The right to privacy, self-determination and autonomy are all facets of the right to dignity protected by the Indian Constitution. The Court also stated that family, marriage, procreation, and sexual orientation are all important aspects of an individual’s dignity.
September 6, 2018, is a historic day for India as it is on this day that the Supreme Court gave legal recognition to the LGBTQI community by legalising consensual sexual intercourse between individuals of the same sex through the judgement of Navtej Singh Johar v. Union of India (2018).
WILL SUPREME COURT LEGALISE SAME-SEX MARRIAGE?
The Supreme Court of India has decided to examine plea seeking legalisation of same-sex mariiage in India under the Special Marriage Act. A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli issued notice to the Centre and Attorney General on the petition.
CONCLUSION
Though homosexuality was decriminalised in 2018 as a result of a Supreme Court verdict, other civil rights and liberties such as marriage, adoption, and insurance are still unavailable to both gays and transgender people. Marriage should no longer be defined in terms of a man-woman relationship; instead, it should be regarded in broader terms as the civil status, state, or relationship of two people united in law for life. It’s high time to acknowledge that same-sex couples have the same constitutional right to marry and enjoy all the rights of a married couple as everyone else.
