The popular credence and the study of the trends in the behavior of homosexuals, homosexuality is a romantic and physical attraction of a person towards another of the same sexual orientation. Scientists all over the world are not at consensus about the exact causes of homosexual behaviour in humans. Homosexuality, often called the third sex, has an troubled legal and social status in India.
The Naz Foundation had tucked at Section 377 of the Indian Penal code, the very root of anti-sodomy law in India. The Naz Foundation India(Trust) Limited., work to prevent AIDS, to provide assistance to victims of the deadly disease, including people who are sexual minorities such as gays and lesbians. The crusade against the law, which criminalises same-sex relations between consenting adults began in 2001, the Naz Foundation, sued the Delhi High Court in the Anti-Sodomy Law, the claims of section 377 of the police, in order to challenge the content of his or her business.
In the international picture, various human rights growth programmes, have been undertaken time and again. However, if one focuses on the issue of LGBT rights, the situation is rather menacing. The United Nations Declaration on Human Rights, the protector of all human rights, had no place for LGBT rights, solely because, when it was drafted, homosexuality was considered a mental illness. “In 2003, the State of Brazil presented a resolution to the UN Commission on Human Rights to affirm rights based on sexual orientation.” However, the proposal was deferred to 2004 and faced a dead end when, it expired from the UN agenda in 2005. In 2005, New Zealand’s statement supporting the rights of these sexual minorities was backed by 32 states in the UN, but did not result in a formal vote.
While the legal status of same sex relationships and marriages has always been in dispute, policies for these sexual minorities have been unstable too. In the year 1994, voting rights were granted to the LGBTs.
“In 2005, the Central Government introduced category ‘E’ in passport applications meant for transgender persons…Similarly they can get voter id cards with a third gender.
the Supreme Court of India has declared that, “Transgenders should be treated as a third category and as a socially and economically backward class entitled to job reservation.
Government is still sensitive regarding issues like same sex marriage, adoption by same sex couples, commercial surrogacy for gays, etc. Thus, there is no clear policy for the LGBTs in India.
After the innumerable attempts to determine the status of homosexuality in India, I would like to look at the problem from a personalized perspective. First, we need to understand the primary point of conflict regarding the issue of homosexuality. People primarily raise opposition to the proposal of widely accepting the third sex and their right to lead a private life, on moral grounds. However, it is important to note that, sexual orientation being a biological function cannot act as a strong influencer on moral grounds. One who is not biologically homosexual, cannot get involved in homosexual activities simply on the basis of societal influence. Instead, if we as a society maintain a liberal outlook, we will be able to respect the rights of the LGBTs. This should not mean that we transform our way of living, but only nurture and develop ourselves into responsible citizens, who are able to space out their lives, thus allowing every right thinking member of the society to lead an undisturbed life. It depends on the strength of human personality. We should be able to place our own morals at the apex, without casting a shadow of contempt on the diverse individuals in the society. We should allow ourselves to respect the human diversity, that might come up in the form of variant cultures, festivals, food cuisines, and more recently in the form of a variant sexual orientation. Whether or not, we imbibe such variant in ourselves depends on our biological matrix, supported by the strength of our character. However, just as we get the right to absorb or abject this variant, the LGBT community should have the same right too. What the society considers normal, might as well be a variant to them. So criminalizing homosexuality is no solution.