The document discusses homosexuality and section 377 of the Indian Penal Code. It summarizes that section 377 was partially decriminalized by the Supreme Court, still criminalizing non-consensual acts. However, legislation is still needed to fully protect the rights of the LGBTQIA community and ensure equal treatment regarding issues like marriage and adoption. The study found most support enacting new laws but some societal changes are still needed to fully accept the community.

2. ABSTRACT
Homosexuality is a feeling or desire involving sexual attraction to people of
one’s own sex. In common usage, the term homosexual is used to refer to
both same-sex oriented males and females.
In the recent judgement of the Supreme Court of India in Navtej Singh Johar
vs. Union of India, Section 377 of IPC is partially decriminalized.
The provision of Section 377 of IPC after decriminalization will still continue
to govern non consensual sexual acts against adults, all acts of carnal
intercourse against minors and acts of beastiality.
The judiciary has taken concrete steps in guaranteeing the rights and
equality to the homosexuals, yet there is necessity that legislature takes
initiative to secure the rights of the community.

3. INTRODUCTION
Homosexuals are defined as people who are sexually attracted by other
persons of the same sex. The words "gays" or "gay people" are also
common synonyms used instead of "homosexuals", whereas "lesbians" are
only used to describe female homosexuals.
Section 377 was drafted by Thomas Macaulay around 1838 but was only
brought into effect in 1860 in light of the Sepoy Mutiny (First War of
Independence) 1857. This law in British India was modelled on the Buggery
Act, 1533 which was enacted under the reign of King Henry VIII.
Section 377 of Indian Penal Code, 1860 - Unnatural offences—Whoever
voluntarily has carnal intercourse against the order of nature with any man,
woman or animal, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.

4. AIM & OBJECT
•To create awareness in the society regarding acceptance and rights of
Lesbians, Gays, Bisexuals, Transgender, Queers, Intersex, Asexual
(LGBTQIA) Community.
•To find out whether the decriminalization of section 377 of Indian Penal Code
has lead to any change in the behavior of the society towards LGBTQIA
Community.
•To find out whether the LGBTQIA Community is treated equally.

5. IMPORTANCE OF STUDY
•It will give protection as sexual minorities.
•It will also give recognition of characteristics inherent in all human beings.
•Recognition of rights of the LGBTQIA Community in India.

6. HYPOTHESIS
The Supreme Court of India in recent judgment of Navtej Singh Johar V
Union of India has partially decriminalized section 377 of IPC,
legalizing gay relation. The new enactment by the parliament will
secure the rights of the LGBTQAI Community regarding marriage,
divorce, maintenance, inheritance, adoption etc. The anti-
discriminatory law addressing sexual orientation and gender identity
issues will protect LGBTQIA community by ending discrimination at
educational institutions, workplaces, hospitals, clubs, other public and
privately run institutions etc.

7. RESEARCH
METHODOLOGY
•The present study is based on the principal of doctrinal and non- doctrinal
research.
•Data is collected through primary and secondary sources, primary through
case study, questioner by online interview through Naz foundation, Mingle
foundation, QKnit and secondary through reference books.

8. LEGISLATION
•Constitution Of India, 1950
 Article 14 - Equality before law and equal protection of law.
 Article 15 - Prohibition of Discrimination (on basis of religion, race, caste, sex or place of
birth)
 Article 16 - Equality in case of Public Employment
 Article 19(1)(a) - Freedom of Speech & Expression
 Article 21 - Right to Life and Personal Liberty
•Indian Penal Code, 1860
 Sections 377 – Unnatural Offences
•Universal Declaration of Human Rights (UDHR)

9. JUDICIAL APPROACH
•In 1994, ABVA, an NGO, files petition in Delhi HC seeking repeal of Sec 377, after Tihar males inmates
denied condoms; failed to follow through with its petition, leading to it being dismissed in 2001.
•Naz Foundation filed the first major case against Section 377, in December 2001 [Naz Foundation v.
Government of NCT of Delhi and ors. (2009) 111 DRJ 1] where a two judges bench of Delhi HC
dismissed the case in 2004 and review petition is dismissed too.
•As the LGBT movements gained steam in India and several organizations like Voices Against 377 and the
spectrum activist join the battle, the SC ordered Delhi HC to hear the case again.
•In a landmark decision on 2nd July 2009, the HC decriminalise section 377.
•In Suresh Kumar Koushal and another v. Naz Foundation and ors. [(2014) 1 SCC 1]the Supreme Court
by overturning the decision of Delhi High Court in Naz Foundation v. Government of NCT of Delhi and ORS
held that amending or repealing section 377 should be a matter left to parliament and not judiciary.
•In National Legal Services Authority v. Union of India and ors. [(2014) 5 SCC 438] The discrimination
on the ground of ―sex under Articles 15 and 16, therefore, includes discrimination on the ground of gender
identity. The expression ―sex used in Articles 15 and 16 is not just limited to biological sex of male or
female, but intended to include people who consider themselves to be neither male nor female.
•In K.S. Puttaswamy and another v. Union of India and ors. [(2017) 10 SCC 1]Wherein the majority,
speaking through Chandrachud, J., has opined that sexual orientation is an essential component of rights
guaranteed under the Constitution which are not formulated on majoritarian favour or acceptance.

10. NAVTEJ SINGH JOHAR V. UNION
OF INDIA (06/09/2018)
Any discrimination on the basis of one‘s sexual orientation would entail a violation of
the fundamental right of freedom of expression.
Section 377 of Indian Penal Code, in its present form, being violative of the right to
dignity and the right to privacy, has to be tested, both, on the pedestal of Articles 14
and 19 of the Constitution.
Section 377 of Indian Penal Code in its present form has resulted in an unwanted
collateral effect whereby even consensual sexual acts‘, which are neither harmful to
children nor women, by the LGBTs have been woefully targeted thereby resulting in
discrimination and unequal treatment to the LGBT community and is, thus, violative
of Article 14 of the Constitution.
The decision in Suresh Kumar Koushal and another v. Naz Foundation and ors.
was overturned by the decision Supreme Court and upheld the decision of Delhi
High Court in Naz Foundation v. Government of NCT of Delhi and ors. .

11. PIE CHART
Should society change its
attitude towards gays and
lesbians?
89%
11%
Homosexuals
Yes
No
95%
5%
Heterosexuals
Yes
No

12. Do you think homosexual
couples be allowed to adopt a
child?
100%
0%
Homosexuals
Yes
No
81%
19%
Heterosexuals
Yes
No

13. Whether separate legislation should be
enacted for securing the rights of
homosexuals?
78%
22%
Homosexuals
Yes
No
86%
14%
Heterosexuals
Yes
No

14. CONCLUSION
Despite of the judgement given by the Honorable Supreme Court of India, stating
homosexuality to be complete natural condition yet the homosexuals are not treated equally.
Even though the homosexuals are sexual minority, the homosexuals are citizens of this
country and hence are equally entitled to the enforcement of their Fundamental Rights
guaranteed by Part III of the Constitution. Despite of all this, laws are not been framed for
securing the rights of homosexuals. There are no laws governing the personal matters of the
community. This scenario has to change to give security and equality to all the citizens of India
including the homosexuals. Framing legislation securing the rights would help in this direction
for assuring equality. Legislations relating to personal matters like marriage, divorce,
maintenance, adoption etc. are to be enacted for treating them equally.
The community does not believes to have a better future in India for assuring them their bright
future they must be treated equally. The society must change its outlook towards them and
see them as natural rather than diseased or unnatural. Only after the society changes its
thoughts, equality can be achieved. May be the deterrent laws punishing the person
discriminating between the community would change the view of people. Legislature must
come ahead and treat the community as natural and equally with all other citizens and grant
them their rights by enacting a new act. Only the initiative by the legislature for enacting an
new law would allow them to enjoy their rights and secure equality as any other citizen of the
country.

15. SUGGESTION
• Legislation relating to personal rights like marriage, divorce, maintenance, adoption etc
of the LGBTQIA Community must be enacted by the parliament.
•Comprehensive civil rights legislation must be enacted to offer sexual minorities the
same protection and rights now guaranteed to others on the basis of sex, caste, creed,
and colour. The constitution should be amended to include sexual orientation as a
ground of non- discrimination.
•Govt. should enact an anti-discrimination law that addresses sexual orientation and
gender identity issues and protect LGBTQIA persons by ending discrimination at
educational institutions, workplaces, hospitals, clubs, other public & privately run
institutions etc.
•Police at all levels should undergo sensitization workshops to break down their social
prejudices and to train them to accord sexual minorities, the same courteous & humane
treatment, as they give towards general public.
•The society must have rationale, open, thoughtful, judicial & unbiased approach towards
minority’s community in general & towards homosexuality in particular.

16. REFERENCES
Bibliography –
1. M.P. Jain: ‘Indian Constitutional Law’, Wadhwa & Company Nagpur
India (2006)
2. Ratanlal & Dhirajlal: The Indian Penal Code, LexisNexis (2017)
3. Vanita, Ruth and Kidwai, Saleem ‘Same –Sex Love in India: A literary
History’, Publisher: Penguin India, First Edition, (2008),reprint 2014,
ISBN- 10-0143102060
4. The Constitution of India, 1950 (Bare Act)
5. The Indian Penal Code, 1860 (Bare Act)

17. Webliography
1. https://www.sci.gov.in/
2. http://delhihighcourt.nic.in/
3. http://www.un.org/en/universal-declaration-human-rights/
4. http://www.nazfoundationonline.org/