LGBTQ Issues

Section 377 of IPC	Delhi high court struck down in Naz foundation case Suresh Kumar Koushal V/S Naz foundation recriminalized homosexuality Article 14, 21, 19(1)(a) Should come through parliament Differential treatment of homosexuals is reasonable Navtej Singh Johar v/s Union of India case Sexual autonomy and right to privacy, under article 14, 15 and 21 Discrimination on the basis sexual orientation is violation Restrain on state, sexual orientation is private and state has no role Sec 377 was irrational, no distinction btw consensual and non consensual Rule by the law(Arbitrary) vs rule of law (Just) Constitutional morality to protect pluralism and be inclusive Homosexuality is not illness Its not just 'gay rights' at stake it is our constitutional values of liberty, equality, dignity, pluralism and inclusiveness, which are at stake. Against Western society concept : but they hated them more than indian and indian society respected them since ancinet times   Real gender justice, dignity and equality then it must be struck down
Analysis of sec 377 Judgement	LGBTQ: Posses all FR, including sexual orientation SC preference to constitutional morality over social morality. Transformative constitution: Living dynamic, and pragmatic Right to sexual health, obligation on state to provide Attitude and mentality needs to change Broadcast judgement, make people aware and sensitize bureaucracy Concerns: Not retrospective, what happens to people booked under sec 377 Social acceptance is yet to come, WB India loses $31bn SC decriminalized homosexuality, but civil & personal laws will need legislation
Against	All religion consider homosexuality as sin No single view Pathological condition Inborn Matter of choice, delibarately becoming gay Rights and view of Non-LGBT  view also Society may be impacted
For	Symbol of Colonial legacy in 1857, india never penalised homosexuality 2009 case Delhi high court decriminalised Violation of 21, 15, and 14 Supreme court again criminalised it Funadamental right to privacy England already repealed it in 1960
Centre	It should be private affairs But in public it could affect the right and colletive harmony of the society