Homosexuality peoples so first of there is

§ The literature drawn from Hindu, Buddhist, Muslim, and modern fiction also testifies the presence of same-sexlove in various forms. Ancient texts such as the Manu Smriti, Arthashastra, Kamasutra, Upanishads and Puranas refer to homosexuality. 9 Also there arereports that same-sex activities are common among sannyasins, who cannot marry. Thus instances of homosexuality are available in historical and mythologicaltexts world over and India is not an exception to this.§ The Cultural residues ofhomosexuality can be seen even today in a small village Angaar in Gujarat whereamongstthe Kutchi community a ritualistic transgender marriage is performed during thetime of Holi festival. This wedding which is being celebrated every year, forthe past 150 years is unusual because Ishaak, the bridegroom and Ishakali thebride are both men. 10§ Thus the history is filled withevidences proving the existence of homosexuality in past.

Whereas in thepast 10years world over, for the lesbian and gay rights, we find that the legalinitiatives have shifted from the right to be privately sexual, that is theright to have same-sex relationships at all, to the right to beindividual civicsubjects, protected from discrimination in the work place and in the provisionof services, toward the right to have relationships given status by the law. § This shift in rights-focus, fromdecriminalization, to civil protection, to civil recognition is, not entirely a linear one. Thusin recent yearsa number of jurisdictions had relaxed or eliminated laws curbinghomosexual behavior.

§ Stateof Kerala v. Kudumkara, (1969) CriLJ 818.§ Calvin Francis v. Orissa, (1992) 2 Crimes 455.§ Fazal Rab Choudhary v.

State of Bihar, (1982)3 SCC 9.§ SureshKumar Koushal v. Naz Foundation and Ors, AIR 2014 SC 563.§ SupremeCourt says gay sex illegal , govt hints at legislative route, Hindustan Times(11/12/2013)§ Jayalakshmiv. State of Tamil Nadu (2007) 4 MLJ 849.§ Ss. 299-377, The Indian Penal Code, 1960.

377 of IPC. § Sec. 46 of chapter VI – offences of the Army Act, 1950 states: any person subject tothis Act who is guilty of any disgraceful conduct of a crude, indecent orunnatural kind shall on conviction by court-martial, be liable to sufferimprisonment for a term which may extend to seven years or much lesspunishments as is this Act mentioned. Similar provisions exists in the Airforce Act and Navy Act. § Explanation-Penetration is sufficient to constitute the carnal intercourse necessary to theoffences described in this section. Essentail Ingredients i. That there must bevoluntarily carnal intercourse against the order of the nature.

ii. That it maybe with man, woman or animal. Classification of offence Punishment –Imprisonment for life or imprisonment for 10 years and fine – cognizable – NonBailable – Triable by Magistrate of first class – Non-Compundable. § In1992, 18 men were arrested from a park in New Delhi on the suspicion that theywere homosexuals.§ Afterprotest and demonstration by gays, lesbians and human rights groups, they werereleased from police custody after filing a petty case against them.

In 1994, lesbian and gay groups filed a petition challenging the law in the Delhi HighCourt. The case has dragged on for five years and has evoked strongreactions. 52 In 1996 even members of the Indian lesbian collective Stree Sangammade a presentation on domestic-partnership laws to a government conference onmarriage and family law.§ Itwas “ perhaps the first time that a lesbian/gay group attempted to createpublic opinion on the issues in such a forum,” the group said in a letterto the gay magazine Trikone.

“§ InFeb 99 there was second national LGBTconference Indian National Gay ConferenceYAARIAN -99.§ Similarlythe attacks on the film ‘ Fire’ and ‘ Girlfriend’ have led a number oforganizations to set up the campaign for Lesbian Rights. The petition, filed bythe voluntary organization, argued that it is wrong for homosexuality to be apunishable offence in 21st century India.§ Howeverthe most recent legal challenge comes from the Naaz Foundation Trust, NewDelhi. 58 Naaz India has filed a writ petition challenging Section 377 in theDelhi High Court on December 7th, 2001 on.§ Section377 violates the right to life and personal liberty, the right to equality andthe right to freedom guaranteed to all citizens as Fundamental Rights under ChapterIII of our Constitution.