• Manvinder Singh

To introduce homosexuality is romantic or sexual attraction or behavior among the people of the same sex. As a sexual orientation, homosexuality refers to an enduring pattern or disposition to experience sexual affection or romantic attractions primarily to people of the same sex. It also refers to an individual’s sense of personal and social identity based on those attractions, behavior expressing them, and membership in a community of others who share them. The common term used for homosexuals are ‘gays’, ‘lesbians’, ‘bisexuals’ , or ‘transgender’ and collectively known as LGBT people. Homosexuality which is believed to be of western origin and culture has swept in India past a decade, with a striking force on our Indian society and culture. The legal battle concerning decriminalization of homosexuality has begun. Today it is the most sensitive, controversial and debatable issue of high concern as the onus to do justice lies on apex court which involves issues of fundamental rights of LGBT people in our socio-legal system. Homosexuality is considered as a taboo subject, by both Indian civil society as well as our legal system. Public discussion of homosexuality has been inhibited by the fact that sexuality in any form is rarely discussed openly in our country. Attitude towards homosexuality is overwhelmingly negative, however it is a shocking reality that homosexual behaviour has always existed in India, sometimes in the form which is culturally sanctioned such as, the Hijras, and other times in invisibility and silence. Section 377 of Indian penal code, 1860 penalizes homosexual acts (both consensual and non-consensual). The Delhi High Court in its landmark xvi judgment of Naz foundation (India) Trust, 2009 decriminalized consensual homosexual acts of adults in private, and held that bare interpretation of section 377 IPC is violative of fundamental rights enshrined in article 14, 15 and 21 of Indian constitution. Prior to this landmark judgment, LGBT people were struggling underground for their existence and identity. The Delhi high court judgment went in their favour because of which they gathered courage and confidence to come out of the closet. Since 2009 till 2013, a lot of LGBT activism was seen in newspapers, media, social networking sites etc. Many celebrities, both national and international, have also stood by the side of homosexuals when it came to supporting them for their basic and fundamental rights. During these four years in India, people from all walks of life have come forward advocating for decriminalization of homosexuality. Also the society is aware about the fact that defaming anyone with content related to homosexuality is an offensive act, and our legal system is too much concerned with the same.

homosexuality, disposition, LGBT, decriminalization, activism.

"HOMOSEXUALITY: DEBATING ISSUES IN THE LIGHT OF INDIAN LEGAL AND SOCIAL SYSTEM: AN ANALYTICAL RESEARCH ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 4, page no.1-7, April-2019, Available :http://www.jetir.org/papers/JETIR1904E01.pdf

"HOMOSEXUALITY: DEBATING ISSUES IN THE LIGHT OF INDIAN LEGAL AND SOCIAL SYSTEM: AN ANALYTICAL RESEARCH ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 4, page no. pp1-7, April-2019, Available at : http://www.jetir.org/papers/JETIR1904E01.pdf