From Dark Clouds to Rainbow Horizon: Legal Analysis of Homosexuality in India
| Original Article
India, the nation where one can find followers of numerous religion, race and sects living together in harmony, the nation which does not discriminates on the basis of wealth and ideology that one possesses, the nation whose people are known for their progressiveness and tolerance, the nation known for its ideal and tolerant Vedic society, is still intolerant about the „consensual homosexual activities‟. When most of the progressive nations have embraced the homosexuals and provided them an equal status in the society, India remains rigid in the context of homosexuals. The reasons for these stiff intolerant reactions are many, moreover the Indian judiciary which is known as the „Guardian‟ and „Custodian‟ of the Indian people and the Indian Constitution has paid no heed to the arguments applying Article 14 Article 21.
This paper aims to show the dual aspect of the social problem and its implications on society. Also, tries to find out how the recent privacy judgement going to affect homosexuality in Indian perspective. The paper will rely on various reports and other instruments of legal and doctrinal research.
Keywords Homosexuality, Colonial Roots, Presumption of Constitutionality, Utilitarian School of thought, Quran, Bible