The origin and evolution of same-sex relationships are intertwined with a multitude of factors, including biological, cultural, social, and historical influences. While understanding the exact origin is challenging due to the limitations of historical records, the modern perspective emphasizes that human sexuality is diverse and that respect for individual rights and relationships is crucial. As such, homosexuality has been in India since ancient times and has always been a part of Indian history. Thus, homosexuality presents a paradox for evolutionists who explore the adaptedness of human behaviour.[1]

Looking at it from a biological angle, it can be seen that same-sex attraction isn’t just a human thing – it happens in animals too. This makes us wonder if there’s some important reason for it in nature. Some theories and research propose that same-sex relationships could serve social bonding and many other purposes. But hold on, different cultures and olden times had very different ideas about same-sex love. Some societies back in the day were totally alright with it, even celebrated it. Others thought it was a sin. Now, the way some people see same-sex relationships today isn’t all from nature or old traditions. A lot of times, it’s influenced by religious stuff and the ideas those religions spread. Like in stories from Ramayana or some parts of Islam.

Likewise, things have been changing lately. As such, laws and people’s thoughts have shifted, and being into same-sex relationships is not considered a crime in many places. People started realizing that everyone should have the same rights, no matter who they love. Moreover, scientists have done lots of digging too. They’ve found out that who you’re attracted to is just part of the natural mix of how people are. It’s not something you choose. So, thinking about why some people love others of the same gender gets really interesting when you mix up biology, history, culture, and what we’re learning from studying humans. All these things together show us that we need to be open-minded and understanding about it, embracing all the differences and the rich tapestry of human experience.

WHO ARE SAME-SEX PEOPLE?

“Same-sex people” is a way to talk about folks who are attracted to others who share the same gender as them. It’s like when a guy feels drawn to another guy, or a girl has special feelings for another girl. This is often called being gay or lesbian. It’s important to know that these feelings are part of who someone is – they don’t choose to feel this way.

Now, let’s talk about same-sex relationships. This is when two people who are the same gender feel a strong connection, like a romantic spark or a special bond. They might care for each other in the same way that people in opposite-sex relationships do. And when we talk about same-sex people, we often use the letters LGBT. That stands for: L which means lesbian (when girls like girls), G which means gay (when guys like guys), B which means bisexual (when someone likes both guys and girls), and T which means transgender (when someone’s gender identity doesn’t match what they were told at birth).

It’s important to treat these topics with care and kindness. Just like we would want others to understand and respect us, we should do the same for people who are part of the LGBT community. Their feelings and experiences are personal and meaningful, and by being open-minded and learning about them, we can make the world a more accepting and loving place.

ISSUES FACED BY SAME-SEX PEOPLE IN THE INDIAN SOCIETY

In India, talking openly about different sexualities is quite rare. This makes it tough for people to freely discuss things like homosexuality. Before, there was a very old law that made being gay illegal, which was a big problem. But thankfully, many groups started supporting the idea of changing this law. They wanted everyone, no matter if they were lesbian, gay, bisexual, transgender, or part of other groups that are usually not treated well, to be treated fairly. In India, there’s also something called a “third gender,” which is unique. But even though there has been progress, people from these groups still face many challenges. It’s sad that talking about these things is often avoided, because it stops people from understanding each other better. The old law that made being gay a crime was finally removed, which was a positive step. But still, there are many things that makes life difficult for LGBT people.

For instance, many people in India don’t accept different sexualities, and this makes life hard for those who are part of the LGBT community. Even though things are getting better, there’s still a lot of discrimination. Imagine facing discrimination just because of who you love or how you identify. It’s also important to remember that not all the laws protect LGBT people. So, they might not have the same rights in some areas like jobs or education. Here are some of the major challenges that same-sex people confront in Indian society:

• Social Stigma and Discrimination: Despite the decriminalization of homosexuality in 2018 (Navtej Singh Johar v. Union of India), there is still significant social stigma and discrimination against LGBT individuals.
• Family Rejection: In many cases, same-sex individuals are disowned or face hostility from their families when they share their perspective of sexuality. This can result in non-acceptance, rejections, hatred from the family.
• Limited Legal Protections: While same-sex relationships are no longer criminalized, there is still a lack of legal recognition for same-sex marriages.
• Bullying and Harassment: LGBT individuals, especially youth, are at a higher risk of bullying, harassment, and violence, both within educational institutions and in public spaces.
• Employment Discrimination: Many LGBT individuals face discrimination in the workplace, including being denied job opportunities or promotions due to their sexual orientation or gender identity.
• Mental Health Challenges: The constant stress of dealing with societal stigma and discrimination can lead to mental health issues such as anxiety, depression, and suicidal ideation.
• Lack of Comprehensive Sex Education: The lack of accurate and inclusive sex education in schools contributes to a lack of awareness and understanding about LGBT issues, perpetuating stereotypes and discrimination.
• Lack of Representation: LGBT individuals are often underrepresented in media and cultural narratives, which can reinforce stereotypes and make it difficult for them to see positive role models.

Despite these challenges, it’s important to note that India has seen increasing activism and advocacy for LGBT rights. Organizations, individuals, and allies are working to create more inclusive spaces, challenge discriminatory practices, and educate the public about LGBT issues. The journey towards full acceptance and equal rights for LGBT individuals in Indian society is ongoing and requires continued efforts from various stakeholders.

POSITIVE IMPACT OF DECRIMINALISING SAME-SEX RELATIONSHIP

Decriminalizing same-sex relationships is a crucial step towards achieving true equality and human rights for LGBT individuals. By removing laws that criminalize these relationships, more inclusive society is created where all individuals are afforded the same rights and opportunities, regardless of their sexual orientation or gender identity. Getting rid of the rules that make it illegal to love someone of the same gender is a really important step for making things fair and equal for everyone. It means that we are building a society where all people have the same chances and rights, no matter if they like boys or girls or are transgender. This change doesn’t just help LGBT people, it also has good effects for other things like fairness and justice. Imagine, in the past, some places had laws that said it was wrong to love someone of the same gender. These laws caused a lot of problems, like treating LGBT people badly and not respecting their rights.

So, when we talk about decriminalizing same-sex relationships, we mean throwing away these unfair laws. It’s about letting people love who they want without any legal problems. Moreover, this change has happened in many countries around the world. Sometimes, it’s because the laws changed, courts decided it was the right thing to do, or people started thinking differently. But even though we’re getting rid of these laws, there’s still work to be done. We need to make sure LGBT people are treated just like everyone else. This means stopping discrimination, making people understand and accept each other, and keeping LGBT individuals safe from harm.

Likewise, it is not just about LGBT people when any changes are brought, rather it helps our whole society to become better and more equal. Furthermore, decriminalizing same-sex relationships refers to the act of removing legal penalties or restrictions imposed on consensual romantic and sexual relationships between individuals of the same gender. Thus, decriminalization of same-sex relationships is an important step towards recognizing LGBT rights and promoting equality. As a result, let us now examine the structural shift that has occurred since same-sex relationships are decriminalized:

• It precedes the passage of protections against discrimination and the recognition of same-sex relationships.
• It challenges the unequal treatment and double standards that exist in many societies.
• It not only dismantles the discriminatory barriers that LGBT individuals face but also challenge the broader systems of injustice and inequality based on sexual orientation.
• It ensures that individuals in same-sex relationships are no longer subject to legal penalties or discrimination solely based on their sexual orientation.

ROLE OF JUDICIARY ON SAME-SEX RELATIONSHIP

The judiciary played a significant role in establishing legal recognition for same-sex relationships. As a result, legalizing same-sex relationships can let an individual own his or her identity and ultimately be themselves, paving the way for a brighter path for same-sex people. The courts have played a big role in making sure that same-sex relationships are recognized legally. This is really important because it lets people be themselves without any legal issues. It is like creating a brighter future for people who like the same gender.

In India, the Supreme Court did something incredible, as they heard to people who wanted same-sex relationships to be normal like other relationships in the eyes of the law. And guess what? They all agreed that same-sex relationships are not a crime. The apex court struck down section 377 of the Indian Penal Code 1860 and said so, and this was a huge step forward. Such decision has helped LGBT people as they were treated badly at many places. Likewise, such decision by the court a sort of example for the future. It guides other cases and can even make new laws that are more inclusive and fairer for everyone. It’s like creating a rulebook that makes sure every LGBT people is treated with respect and kindness.

• Decriminalising same-sex relationship: Landmark case in India

One of the most significant and impactful landmark cases related to the decriminalization of same-sex relationships in India is Navtej Singh Johar v. Union of India 2018. This case played a crucial role in overturning a colonial-era law that criminalized consensual same-sex activity. Here’s an overview of the case:

Case: Navtej Singh Johar v. Union of India (2018)[2]

Background:

Section 377 of the Indian Penal Code, a law dating back to the British colonial era, criminalized unnatural offenses, including consensual same-sex sexual activity. This law effectively criminalized LGBT relationships.

Facts and judgement of the case:

A group of petitioners, including LGBT individuals and organizations, challenged the constitutionality of Section 377 in the Indian Supreme Court. They argued that the law violated the fundamental rights of privacy, dignity, and equality guaranteed under the Indian Constitution. On September 6, 2018, a five-judge bench of the Indian Supreme Court delivered a historic judgment. The Court ruled unanimously to strike down the portion of Section 377 that criminalized consensual same-sex sexual activity among adults in private. As, it was violative of Article 14, 15, 19 and 21 of the constitution of India.

• Impact:

The Navtej Singh Johar case had several significant impacts:

• Decriminalization: The case led to the decriminalization of consensual same-sex sexual activity between adults in private. This marked a major victory for LGBT rights in India and effectively ended the criminalization of same-sex relationships.
• Recognition of Fundamental Rights: The Court’s ruling recognized and affirmed the fundamental rights to privacy, dignity, and equality for LGBT individuals, marking a significant step toward societal acceptance.
• Global Influence: The judgment inspired LGBT activists and legal challenges in other countries with similar colonial-era laws. It highlighted the importance of decriminalizing same-sex relationships on a global scale.
• Positive Public Perception: The judgment helped shift public opinion in India toward greater acceptance and understanding of LGBT rights, contributing to a broader cultural change.

The Navtej Singh Johar case was a landmark moment in the history of LGBT rights in India. It reflected the growing recognition of human rights and the rejection of discriminatory laws that marginalized and criminalized LGBT individuals.

• Other relevant cases:

The judiciary plays a crucial role in granting LGBT individuals status. People eventually realized that they should not be denied their rights based on their sexual orientation. Everyone in society is entitled to equal respect. As a result, the following cases show how the legal framework and rights for same-sex couples have evolved:

• In the year 2009[3]

In Naz Foundation vs NCT of Delhi, the Delhi High Court found that Section 377, which criminalized same-sex relationships, was unconstitutional and struck the statute down, decriminalizing homosexuality in India for the first time. Therefore, penalizing such conduct is violated of Article 14, 15 and 21 of the constitution of India.

• In the year 2013[4]

The Supreme Court overturned the Delhi High Court’s judgment to decriminalise homosexuality in Suresh Koushal versus Naz Foundation and Others, noting that it was up to the Centre to legislate on the issue.

• In the year 2014[5]

In NALSA v Union of India, the Supreme Court supported transgender people’s right to choose their gender and required governments to offer legal recognition to their gender identification, such as male, female, or third gender.

• In the year 2017[6]

The Supreme Court unanimously recognized the right to privacy as a basic right under the Constitution in KS Puttaswamy v Union of India. Further, the Supreme Court ruled that bodily autonomy was an essential component of the right to privacy under Article 21. This bodily autonomy includes an individual’s sexual orientation.

• In the year 2018[7]

In Navtej Johar v Union of India, the Supreme Court decriminalized homosexuality and unanimously ruled that Section 377 of the Indian Penal Code’s criminalization of private consenting sexual contact between adults of the same sex was unconstitutional.

CONSTRUCTIVE CRITICISM

This is an approach that aims to provide feedback while also being respectful and considerate of the feelings and perspectives of others. When discussing same-sex relationships or any topic related to LGBT issues, it’s essential to approach criticism in a way that promotes understanding, empathy, and open dialogue. As such, the goal of offering constructive criticism is to provide support and insight while respecting the autonomy and agency of the individuals in the relationship. It’s important to approach the conversation with empathy and a willingness to listen and learn. As a result, LGBT people could gain benefit greatly by knowledge, respecting personal choices, fostering open conversations, avoiding stereotypes, and expressing support and understanding. Thus, providing criticism is about fostering growth and understanding, not changing someone’s identity or relationship.

CONCLUSION

In conclusion, the decision to decriminalize same-sex relationships stands as a remarkable milestone on the journey towards fairness and basic human rights. By striking down Section 377 of the Indian Penal Code from 1860, which imposed legal punishments and constraints on consensual connections between people of the same gender, a profound leap has been taken to honour the dignity and entitlements of LGBT individuals.This forward-looking change mirrors the evolving views of society and a deep dedication to fairness, empathy, and inclusiveness. The act of decriminalization acknowledges a fundamental truth: that love is boundless, and every person, no matter their sexual orientation, merits honour, safeguarding, and the freedom to openly be themselves without the shadow of oppression.

However, it’s crucial to recognize that decriminalization marks just a single step in this transformative journey. Achieving genuine equality goes beyond legal adjustments; it entails uprooting prejudice, fostering tolerance, and creating an environment where everyone is celebrated for their uniqueness.

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[1] The evolution of human homosexual behaviour, available at https://www.journals.uchicago.edu/doi/10.1086/300145 (Last visited on August 25, 2023)

[2] Case summary: Navtej Singh Johar v. Union of India, available at: https://www.legalserviceindia.com/legal/article-6402-case-summary-navtej-singh-johar-v-s-union-of-india.html (last visited on August 25, 2023)

[3] Judiciary on same-sex marriage, available at: https://www.studyiq.com/articles/judiciary-on-same-sex-marriage/ (last visited on August 24, 2023)

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid.

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Author: Nobonita Deb

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