From 1950 we have a written constitution in india. But how much did it succeed in protecting the rights of the sexual minorities…? out of 1.3 billion people more than 2million people in india has a different kind of emotion and sexual preferences. Generally they are viewed as perverts.. but they proudly call themselves,the lesbians or gays. The lesbian rights are harder to fight for -its not considered as ‘respectable’ as joining a fight for women empowerment.
The problem itself lies within the constitution, section 377 of indian penal code, it terms homosexuality as unnatural and carries a maximum punishment of 10yrs in jail…here we should immediately check the relevance of a 150yr old law, whose founding was based on a colonial era concept of morality. The most contraditory things are the law itself violates the right to equality , and the right to have privacy. This section of the IPC has been used as an excuse to discriminate by denying their rights as an individual and as a citizen.
The problem is not only within the judiciary system, we have a bunch of abled persons sitting there,but the exact problem lies deep inside the concept of our richly cultured indian society. Even if the Supreme Court wishes to make a change there will be far more push back than support. This old mind set is questioning our nation’s founding principles..! Indian LGBT community still remains deeply conservative society where being openly a lesbian is like commiting a social suicide.Because of the discriminative nature of the people, a fear of being found out and harassed for having a different emotion develops within them. If me and you didnt choose to be attracted to the opposite sex then how can these people make a selection…!! It is as simple as that…
However the supreme court has agreed to reconsider its own stance on the matter of LGBTs…there by displaying a ray of hope that the people who were living behind the back doors of the society might be able to reveal their identities without being considered it as a crime.