DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE
MOVEMENT FOR WOMEN RIGHTS IN INDIA

SUBJECT
LEGAL AND CONSTITUTIONAL HISTORY OF INDIA

NAME OF THE FACULTY

DR. VISWACHANDRANATH MADASU

NAME OF STUDENT
-UMA SHANKAR MISHRA

ROLL NO.

18LLB091

SECTION-B

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INTRODUCTION
The women’s movement in India goes back to more than a hundred years but its structure, its
plan, its method and in its outreach, its exhaustiveness have been changing over the years.
Through this project, I Will try to discuss a on ‘women’s movement’ in India, the whole
range of atrocities, discrimination which women have undergone and the protests they
undertook to Demand Their Rights. No doubt there have been and still are several shades and
hues to what we very broadly refer to as the ‘women’s movement’. Today, it comprises of
both organisations that are working to preserve women’s position and those aspiring to
change women’s position. Therefore, in tracing the development of the women’s movement
in India, one would certainly have to highlight the ever-changing concerns and strategies that
have been a result of the multiplicity of perspectives that exists within the movement.

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MOVEMENT FOR WOMEN RIGHTS IN 20TH CENTURY

In the early nineteenth century, the women question was raised primarily by elite upper caste
Hindu men. The women question included issues like women’s education, widow remarriage
and campaigns against sati. In the twentieth century, as women became more educated, they
came to form their own associations and occupy leadership position. 1 Women such as ,
Sarojini Naidu, Vijaya Lakshmi Pandit Rajkumari Amrit Kaur, Rameshwari Nehru,
Dhanvanthi Rama Rau, Kamaladevi Chattopadhyaya, Muthulakshmi Reddy, Charulata
Mukherjee, Vidyagauri Neelkanth, Hansa Mehta were part of the movements which
revolutionised women issues had fight for their own rights .As we have seen earlier by the
late 19th century and early 20th century there was a new class of women created benefiting
from the western education introduced in India. They started different movements and
various autonomous Organisations were created by them such as All Indian Women
Conference (AIWC).

There was a wave of women activism in India with regard to all the issues and they were
distributed across all ideologies such as communist, socialist etc. The first half of 20 the
century showed Motherhood as a rallying device and as a goddess i.e. the Avtar of Kali,
madam Bickhaji cama and Sarojini Naidu showed the fearsome aspect of feminism which
lied in the erotic and tactile domains which was subdued by Gandhiji with the innate
characteristics of womanhood such as compassion, patience, because of his efforts in
feminisation of politics he was referred to as “Father of Movement for women rights in
India”.2 Gandhiji’s role in women Movement is evident that he Involved to a great extent
in his movements. Many people think that it was due to this reason that his movements were
able to make an Impact on the Indian society as well as the British Government. In these
years for preventing Women’s oppression largescale legislations were created. Legislations
were used as tool when there was mounting pressure from society for conforming to the
Norms. Even when the 1856 Widow Remarriage Act was misused many reformers went to
court and sought judicial intervention of misusing the Law.

It is Hard to believe that a social reform Movement and through the Bye- Products of
Colonialism Such as Education , access to modern legal and administrative remedies , access
to wide range of literature from west as they were not allowed to read Ancient Hindu

1
https://sol.du.ac.in/mod/book/view.php?id=1474&chapterid=1388

2
RADHA KUMAR, HISTORY OF DOING, 2 (Zubin publishing house,1993) (2006)

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Scriptures and other opportunities created by British Helped In increasing awareness among
women which further Led to Women’s participation in Movement’s for demanding their
Rights and formation of various societies to represent Women’s Concerns at the Higher
Level3. The 20th century saw mother as a rallying device for demanding Rights. We Could
also see that there was an estrangement of women’s rights from social movement

The Age of Consent reform was one of the best reforms which tried to supress the custom of
forced marriage.

Women participation in Nationalist Movement

The Women in Nationalist movement were supported by nationalists to Come out and take part in
freedom struggle. However, Nationalists and especially Gandhiji believed that we should not Imitate
the west in fighting for Women rights. He believed that women should not be involved in fights are
should come to forefront& to bear the Lathi charge which was given by British policeman in response
to their Participation in Movement he and other Indian nationalists believed that the fight for women
rights was to be fought by taking Inspiration from Ancient Indian Culture. Women are and should be
endowed with the qualities of Compassion, patience, ability to bear pain, respecting his husband etc.
As long as women demonstrated this spiritual or famine activities women could be allowed to Work,
attend Movies and Other recreational Activities.

Muthulakshmi Reddy one of the Nationalist Women and a Medical Practice nor opposed the ritual
or Custom of Devadasi system stating that it contradicted the Ancient Indian Ideal of Chaste Wife.
Therefore, We Could See that Nationalists were supportive abolishing the rigid social customs or evils
which had engulfed the Indian society. But however, they stood for retention of some of customs.
Chakravarty Rajagopalachari freedom Fighter and First Indian Governor General of Free India
opposed the Child Marriage Restraint act, 1929 advocating that it would be against preserving Indian
Culture4

Therefore, the nationalists did not contest patriarchy they only Mobilised women for the purpose of
politics and Freedom Movement

WOMEN’S SELF RESPECT MOVEMENT

The women’s self-respect movement was launched by EV Ramaswamy Naicker popularly known
as periyar in the year 1926 in an effort to free Tamil society from the orthodox Hindu customs and to
promote Equality between Men and Women. While addressing South Indian Reform Conference in
the Year 1928 he said that he had lost total faith in the marriage reforms and other in the Indian

3
PADMA ANGOL, EMMERGENCE OF FEMINISM IN INDIA, 1850-1920(Ashgate, 2005)
4
MAITREE CHAUDRI, FEMINISIM IN INDIA, 132 (Kali for women and women unlimited)

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culture. He said the time for reform is over and it is the time to go for Total revolution. And total
change. He founded the Self-respect Movement as a movement For Mobilising Women against
Patriarchal Norms. He declared that Tamil is being degraded due to patriarchy and also denounced
the traditional form of Marriages and emphasised equality between Men and women could only Be
achieved by Doing away with all traditions and customs. He also said that who all believe in Self-
respect, Equality and progress the only solution is complete overhaul of the system. And destroy the
traditional structure.5 He Challenged not only the Customs of patriarchy but the very existence of
patriarchy.

He Challenged the very Concept of Patriarchy, the idea of chaste, wife and instead proposed
polyandry, divorcee as a solution to social problem. According to him the whole education system for
women was only Reinforcing patriarchy i.e. it only teaches how to be good housewife, do household
chores but does not provide or give skills which are required for employment.

In One of His pamphlets pen yeah Adhyayan He questions the old ritual practices and marriage and
says there needs to be new ceremony for marriage which is based on ideas Of Equality. Marriage
would be a Vow & exchanging rings, nothing else

Periyar notion of property

According to hm the whole enslavement of women is due to private property. It is due to proprietary
rights that women are being enslaved and there is a demand for giving birth to Son for protecting
property

According to him “when there is no compulsion of accumulating the Private Property … there could
of the main reason for oppression of women as Women was imprisoned to protect family property.
The concept of private property needs to be fully abolished for liberation of women 6

Notion of marriage’

According to him the ancient custom of marriage is nothing but a master- slave relationship, and the
main focus of it was for slavery of women. women should be liberated from such kind of relationship.

Conferences

The First – self-respect conference was organised at centuple near madras in 1928. One of the main
demands in the conference was women should have Right over Property.

The second Self-respect Conference at virudhunagar was place where women demanded to be
included not only in teaching and Nursing professions but also in other Professions such as military
and police
5
Kudi arasu, 26 november 1928
6
Viduthalai, 11th October 1948

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By third conference many Tamil women leaders such as Indrani balsubramanium, TS kunchidam etc.
and various others women leaders came it being who emancipated the cause of Tamil women. 7

The Self- Respect movement as we can see provided a platform of consciousness and awakened the
Tamil women for the cause of their rights.

IDEA OF SOCIAL CHANGE IN ANDHRA PRADESH

Kandukuri Veeresalingam Pantulu was a social reformer who was born in rajhumdry in an
orthodox telugu brahmin family. Though a brain he denounced the oppressive practices against omen
and other weaker sections of society

Firewalling after education for participating in social work activities and promoting his ideas started a
journal known as Vivek vardhani.

Widow remarriage campaign

The Telugu speaking reformers led by veers lingam tirelessly campaigned for widow remarriage
even after declaration of outcastes and their boycott by Shankaracharya. In the year 1879 he formed
the Rajhumdry Widow Remarriage Association. There was deep confrontation between
Shankaracharya veers lingam over his issue and he even denounced Shankaracharya as corrupt and
was coercing people for donations. The first widow remarriage was performed in the year 1881 but
there were many problems in conducting and sustaining the marriages. There were threats of out
casting by bridegroom’s parents and also raids on him by orthodox Hindus for degrading their
practices.

The Orthodox had persuaded Brahmin priests, cooks and others not to participate in the widow
remarriage to do their Customary duties, but were lured by reformists after paying extra fees 8.The
counter-action was very effective all of the reformers were declared as outcastes and readmission
dependent on accepting Shankaracharya’s authority. Even the Kakinada businessmen who supported
the reformists swore not to support them again. After this resealing thought that only way through
which women can be empowered was through education of women. It was thought through educate
women themselves would advocate remarriages and would not yield to societal pressures

WOMEN AND CONSTITUTION OF INDIA

The Founding Fathers of Our Constitution Realised That women in India are Being
discriminated since ages and therefore decided to enshrine Provisions and safeguards
Regarding Rights of Women in The Constitution Itself. India was one Of the First Countries

8
Viresalingam caritramu, Vol.1 pp190, 196,
Viresalingam ‘Vivah charitramu’ in KVKG, Vol.7, pg. 11

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to Grant Universal Adult Franchisee and Suffrage immediately after Independence and
Formation of Republic. The Constitution of India Is a collection Of Rights of Women in
Particular and Human Rights in General. The Constitution has enacted Various Provisions for
The Welfare of the vulnerable Groups Which Includes Women. The Indian Courts as well as
the Law has Tried to Respect Dignity of Women through its Various Decisions such as
abolition of Triple talaq, Stringent Punishments for Rapists etc.

Some of the provisions Enshrined in the constitution For the Welfare and safety Of the
Women are as under:

a) Article 14 states that” State shall not deny any person equality before Law or equal Protection
of Law
b) Article 15(1) states that state shall not discriminate against any person on grounds of caste
greed, gender, etc.
c) Article 15(3) encapsulates special opportunities For Women and Children in matters of polity,

And The 74th amendment to Indian constitution in recognition of article 15(3) gave reservation of
seats for women in Municipalities and Panchayats.

d) Article 16 mentions that state shall give equal opportunities to all in matters of employment
and prohibits Discrimination of Women
e) Article 23 Prohibits Trafficking in People
f) Article 42 Provides for Just and Humane Conditions for Work and gives provision for
Maternity Relief.
g) Article 51(A) states it shall be duty of every Citizen of India to promote harmony and spirit
Of Common Brotherhood amongst all people of India transcending diversities of religion,
caste etc., to renounce derogatory practices to dignity of women.

Establishment of Human Rights Commission and National Commission of women

One of the milestones in the development of human rights in India was the establishment Of National
Human Rights Commission under Human Rights Commission Act, 1993. The Section 3 of the Act
empowers the commission to establish a National Commission of Women (NCW) which would be the
nodal body in India for protection Of Rights Of women and would have authority to prosecute anyone
who commits crime against women.

FUNCTIONS OF NATIONAL COMMISSION OF WOMEN (SECTION 10)

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 a) Investigate all the crimes and violation of rights of women which are given in the Constitution
of India. It has all powers to give punishment to those who found violating Human Rights
which are given in the Constitution of India.
b) It has the duty to send reports, recommendations for amending various laws and provisions of
Constitution. The Parliament can summon the head of National Commission for women and
he is answerable for steps to be taken for betterment of women
c) Look into complaints where
I) There has been mass violation of women rights
II) Represent and fund costs arising out of issues or cases which affects a majority of
women such as case relating to hygienic conditions of women
III) Conduct research studies and papers for evaluating socio- economic conditions of
women.
IV) Check the noncompliance of policies and laws which are made for protection of
women
V) Inspect the conditions of women prisoners in various jails and see that minimum
basic standards which are essential for life are being followed in the prisons
VI) Any other guidelines or directions which would have been issued by parliament for
protection of rights.

CONCLUSION

Now out that we could see that the credit goes to mahatma Gandhi who drew the Indian
women from their Cloistered homes and Protected environment out for the Cause Of national
Movement. The Congress under the Jawaharlal Nehru Recognised the Need to formally grant
equality Between Men and Women which led To Fundamental rights Resolution In1931
Karachi session Of Congress.

The participation Of Women was Advocated by Mahatma Gandhi as a sense targeting The
British rule. How wanted Women to participate In Movement which would help to Show the
British That movements Represents the Qualities which were Innate in women such as Truth,
Non-Violence Etc, but it is equally important know that Gandhiji did not want the Women to
go In Jails or Bear the Brunt of British violence

Therefore, women’s participation in national movement was within the Parameters of Politics
of Respectability.

Gandhiji Even Opined about the Women that ‘I am Uncompromising in the matter of women
Rights. In My opinion she Should labour Under no Disability Suffered by Man.

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He tried To Bind Different Groups of Women By giving Them a Common Authority or work
Such as spinning which would lead to awakening of mind Of Women

For Jawaharlal Nehru the Notion was somewhat Different., while he was happy with the
social revolution which was started by Gandhiji in eradicating gender Discrimination and
Gave women a new Cause and Source of Commitment but he had a more radical View.

To him this movement was beginning of a larger Political Process where would struggle to
find their place in the New Social Order of the milieu and would successfully win the
Struggle. He said that ‘no group, people, community, has ever got rid of its disability by
generosity of the Oppressor…. The women Of India will Not attain their Rights by the Mercy
or generosity of men of India. They will have to fight for them and Force Their will on
Menfolk To succeed

BIBLIOGRAPHY

Books

RADHA KUMAR, HISTORY OF DOING, (Zubin publishing house,1993) (2006)

2 A.S ALTEKAR, POSITON OF WOMEN IN THE HINDU CIVILISATION, (Culture

publication house, BHU, 1938)

3) MAITREE CHAUDRI, FEMINISIM IN INDIA, 136 (Kali for women and women
unlimited)

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4) VOL. 2, HVS MURTHY & VS ELIZABETH, HISTORY OF INDIA 42 (EASTERN
BOOK COMPANY, LUCKNOW,2003)

5) ROMILA THAPAR, ANCIENT INDIAN SOCIAL HISTORY, 34 (orient longman,1978)

6) 3) SUMIT SARKAR & TANIKA SARKAR, WOMEN AND SOCIAL REFORM IN

MODERN INDIA, 2 (Indiana university press 2008)

JOURNALS

Garg, Nisha, and Pradeep Kumar. “WOMEN'S HUMAN RIGHTS AND THE FEMINIST
MOVEMENT IN INDIA: RAISING SOME ISSUES.” The Indian Journal of Political
Science, vol. 56, no. 1/4, 1995, pp. 78–84. JSTOR, www.jstor.org/stable/41855727.

LUCY CAROLL, Indian Economic and Social History Review, Vol. 20, October –
December 1983, pp. 363-388

Firewalling ‘Vivi charitramu’ in KVKG, Vol.7, pg. 11

ARTICLES

1) AIWC ON Educational reforms (5-8th January,1927), pg.20

2) Women’s Role in Planned Economy, National Planning Committee Series 1947, pg. 201

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Page 11 of 22
 ‘Social Equality and LGBT Rights’

Submitted by
ANKIT CHOUBEY
Division- D. PRN-17010223069 Batch-2017-2022
OF
Symbiosis Law School, NOIDA
(Symbiosis International University, PUNE)

In
August,2017

Under The Guidance Of

Miss Meera Mathew

(ASSISTANT PROFESSOR)
Symbiosis Law School, NOIDA
(Symbiosis International University, PUNE)

Appendix ‘B’ – Certificate

 ‘Social Equality and LGBT Rights’

CERTIFICATE

The project entitled ‘Social equality and LGBT rights’ submitted to the Symbiosis
Law School, NOIDA for Law of Torts, MV Accident and Consumer Protection Laws
I as part of Internal assessment is based on my original work carried out under the
guidance of Miss Meera mathew from July to September. The research work has not
been submitted elsewhere for award of any degree. The material borrowed from other
sources and incorporated in the thesis has been duly acknowledged. I understand that I
myself could be held responsible and accountable for plagiarism, if any, detected later
on.

Signature of the candidate

Date: 29/08/2017

ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to our Director, Dr C.J.

Rawandale who gave me the golden opportunity to do this wonderful project that

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 ‘Social Equality and LGBT Rights’

also helped me in learning research methodologies and interesting topics. I also

extend my gratitude to our Project Guide, Miss Meera Mathew who assisted me in
compiling the project.

Secondly, I would like to thank my seniors who assisted me in finalizing this

project within the limited time frame. Furthermore, I would also like to acknowledge
with much appreciation the crucial role of the staff, who gave the permission to use all
required equipment and the necessary materials to complete the task.

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 ‘Social Equality and LGBT Rights’

INDEX

Introduction 5
Objective 6
Research questions 6
Conclusion 10
Bibliography 11

INTRODUCTION

LGBT is the most commonly used acronym for the lesbian, gay, bisexual and
transgender community. It is also used as an umbrella term for heterosexual and a
wide variety of other acronyms like “I” is added to include intersex i.e. people with
characteristics of both genders, and a “Q” for people who identify simply as queer i.e.
the ones who are not sure about their sexual orientation and gender identity. There are
other communities also like asexual (people who are not attracted to anyone in a
sexual manner), pansexual (people who are attracted all or wide variety of genders)

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 ‘Social Equality and LGBT Rights’

and non-binary (people whose gender identity is not exclusively masculine or

feminine). 9

As the law has evolved through the various stages, the rights of the LGBT community
are still at stake. The struggle from natural law which was based on customs and
tradition, termed acts of the community as ‘immoral’ to the 20th century England
which started to recognize rights of the community. Religion that forms the base of
the society also played a crucial as it inspired to term the acts of the community as
‘unnatural offences’.

Equality is recognized by the Constitution of India as Fundamental right under article

14 of Indian Constitution which states “The State shall not deny to any person
equality before the law or the equal protection of the laws within the territory of
India.”10 The state also imposes certain restrictions with respect to the classes and
categories. Regardless of the fact the state gives equal status to the citizens of the
country and provides them equal protection of laws. In the recent scenario our country
is providing rights to transgender, also giving reservations for the encouragement. As
per the recent judgment on Right to privacy (article 21 of constitution of India) by
honorable Supreme Court of India, rights of the homosexuals (which concerns section
377 of Indian Penal Court) in the case JUSTICE K S PUTTASWAMY (RETD.), AND
ANR. V. Union of India11 held that sexual orientation is an essential part of one's
identity and that LGBT rights are "real rights" founded on sound constitutional
doctrine which inhere in the right to life and dwell in privacy and dignity.12

OBJECTIVE

Throughout the history, the homosexual or LGBT community has been deprived of
their basic right. This research work will focus on the right of LGBT from a
jurisprudential angle with Hart and Fuller debate. In order to examine the loopholes,
the analysis would be on assessing the term ‘LGBT’ and their rights as citizens under
the Constitution. Further, this research work unfolds the case laws on Homosexuality

9
Arwen Armbrechet,”Explainer: the state of LGBT rights today” The world Economic
Forum(29/7/2017, 18:48IST) www.weforum.org/agenda/2016/01/explainer-the-state-of-lgbt-rights-
today
10
Contitution of India,1950
11
WRIT PETITION (CIVIL) NO 494 OF 2012
12
ibid

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 ‘Social Equality and LGBT Rights’

in India and designs to bring forth with the certain suggestion that could be taken for
the betterment of the community.

RESEARCH QUESTIONS
 Whether gender injustice and inequality prevails for LGBT community? If so
what are the important jurisprudential theories that can be applied?
Discrimination and inequality faced by gays and lesbians in the world is
widespread, and many modern theorists researching queer theory has recognized
the social movement to end such discriminatory practices. The issues like modern
gay rights movement are intertwined with the principle of equality and fairness
but some segments of the society stays isolated from the issue and others induces
crime, hatred, violence, heterosexist hatred against homosexuals . For many gay
and lesbian elders, the invisibility and isolation that they face in their later years
are, unfortunately, familiar territory. Stonewall13 was a defining moment in gay
and lesbian history that marked a significant change in the way homosexuals
defined themselves. As members of the pre Stonewall generation, gay and lesbian
elders are well acquainted with the themes of estrangement, alienation, and
secrecy.
Renowned philosophers gave their views on homosexuality in mid-20 th century
like H.L.A. Hart (a positivist) and Patrick Devlin (a naturalist). Wolfenden
Committee had to prepare a report on issue of legalizing homosexuality and
prostitution.  The Report came in favor of legalization as it stated that the law
need not concern itself with immorality. HLA Hart and Lord Devlin took part in
the debate. The primary reason for decriminalization of homosexuality was on
basis of privacy of morality and freedom of choice.
Hart warned against the dangers of “populism” and was against the view of
imposing majoritarian perception of morality over the remaining members of the
society.  He questioned why should the conventional morality of a few members
of the population be justification for preventing people doing what they want?
Hart followed Mill's "harm principle” which stated “No act should be interfered
with it unless it affects the rights of another person” This is based on the theory
that most people's views are coloured by superstition and prejudice. Hart also
pointed out that disintegration of the society is not a result of mere changes in
moral view.
Devlin stated “law without morality destroys freedom of conscience and is the
paved road to tyranny”. Devlin appealed to the idea of society's "moral fabric"
which the society holds together. He also argued that the criminal law must
respect and reinforce the moral norms of society in order to keep social order
from unraveling. Devlin’s view was that any category of behavior was capable of
13
Stonewall riots, also called Stonewall uprising, series of violent confrontations that began in the
early hours of June 28, 1969, between police and gay rights activists outside the Stonewall Inn, a gay
bar in the Greenwich Village section of New York City. As the riots progressed, an international gay
rights movement was born.

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 ‘Social Equality and LGBT Rights’

posing a threat to social cohesion.  Therefore, morals laws are justified to protect
society against the disintegrating effects of actions that undermine the morality of
a society. Devlin suggested that common morality could be determined from
asking ‘what is acceptable to the ordinary man, the man in the jury box, who
might also be called the reasonable man or the right minded man’.
Devlin essentially emphasized of three guidelines
o Privacy should be respected.
o Law should only intervene when society won't tolerate certain behavior.
o Law should be a minimum standard not a maximum standard.

 Whether the re crimination of section 377 of Indian penal code justified by

the supreme court of India? What is Its legal history and present scenario?
Section 377 of IPC broadly covers Crimes sodomy, incest and homosexuality.

377 Vis-à-vis Homosexuality

The offence of sodomy was introduced in India on 25/7/1828 through the act for
improving the administration for Criminal Justice in the East Indies. “Sodomy”
–“And it be enacted, that every person convicted of the abominable crime of buggery
committed with either any animal, shall suffer as a felon”.14

The I.P.C along with Section 377 as it exists today was passed by the Legislative
council and the Governor General assented to it on 6/10/1860. The understanding of
acts which fall within the ambit of section 377 has changed from non-procreative to
imitative of sexual intercourse Lohana Vasantlal v. State15 to Sexual perversity Mihir
v. Orissa.16

Right to live with dignity has been recognized as a part of Article 21 and the matter
has been dealt with in Francis Coralie v. Administrater, union territory of Delhi and
Ors17.There have been arguments in court throughout the 19 th century and early 20th
century on the ground that section 377 has been used to penetrate harassment,
blackmail and torture on certain persons, especially belonging to LGBT community.
This treatment neither mandated by the section nor nor condomed by itand the mere
fact that the section is being misused by the police authorities and others is not a vires
of the section. The law in this regard is discussed and clarified succinctly in Sushil
14
Suresh kumar Kaushal v. NAZ Foundation, (2014) 1 SCC 1
15
AIR 1968 GUJ 352
16
1991 CrLJ 488
17
(1981) 1 SCC 608.

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 ‘Social Equality and LGBT Rights’

kumar sharma v. Union of India and ors. 18With refrence to Mafatlal industries LTD
and ors v. union of India19 and State of Rajesthan v. Union of India 20 judiciary in its
anxiety to protect the so-called rights of LGBT persons to declare that section 377,
I.P.C violates the right to privacy, autonomy and dignity. The constitutional validity
of section 377 was challenged in the Delhi High Court in the case of Naz Foundation
v Government of Delhi & Ors.21 In this case it was argued that Section 377 on account
of covering consensual sexual intercourse between two adults in private, is violative
of the fundamental rights guaranteed in Articles 14, 15, 19 and 21 of the Constitution.
It was also contended that Article 21 can be curtailed only in case of compelling state
interest which is missing in this case. 22 This order of the Delhi High Court was
challenged before the Supreme Court in the case of Suresh Kumar koushal and
another v Naz Foundation & others23, Supreme Court ruled out the previous
judgment. But in the recent judgment of JUSTICE K S PUTTASWAMY (RETD.),
AND ANR. V. Union of India24 In paras 123, 124 and 128 of the judgement the judges
show their disagreement with the judgement delivered by the 2-judge bench in 2013.
For avoiding the ambiguity in the matter cases will be filed and judiciary will clarify
the judgement in relation to rights of homosexuals.

 What are the rights awarded to LGBT community in India and other
countries?
Laws affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by
country or territory—everything from legal recognition of same-sex marriage or other
types of partnerships, to the death penalty as punishment for same-sex
romantic/sexual activity or identity. LGBT rights are considered human rights by
Amnesty International and civil rights by some. Countries like Canada, USA, Maxico,
South Africa, Argentina, Netherland, U.K., and Spain have passed legislation in
concerned to the following giving those basic rights of humanity.

Same- Recognitio Same- Adoptio LGB Anti- Laws concerning

sex n of same- sex n by allowed discriminatio gender
sexual sex unions marriage same- to serve n laws identity/expression
activity sex openly concerning
in sexual

18
[1956] 29 ITR 349 (SC)
19
1997 (89) ELT 247 (SC)
20
[1978] 1SCR 1
21
(2010) Cri LJ 94 (Delhi).
22
ibid
23
AIR 2014 SC 563.
24
Supra note 3

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military
couples orientation
?

The following tells about which countries are most safe and legally healthy for LGBT
community

In our country only transgender community has been recognized by the law. In
transgender individuals cannot adopt and laws on same sex is an issue since Indian
Penal Code, 1860.
Conclusion
Equality is universal, fundamental in its very core; social equality due to delusional
perception of the people results chaos. It is the belief of the people that deprives
others from their rights, it is the perception of the society which makes suffer
particular section, deprive them from social conduct, and treat as outcast. LGBT
community has suffered through every phase of legal system. They have been
deprived of their fundamental rights and social status. Our country have not
recognized rights for homosexuality and many rights of transgender but the battle is
still being fought. The recent judgement of JUSTICE K S PUTTASWAMY (RETD.),
AND ANR. V. Union of India25 has broadened the scope of the homosexual issue. As
rightly argued by Hart against imposing the popular will on the individual , the state is

25
Supra note 3

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framing laws for every individual of each section of the society. Though there are
advocacies for LGBT community on international level like (DADT) Don’t Ask
Don’t Speak that will eventually make society realize that LGBT community is also
the part of the society and should not be treated like outcasts.

Bibliography
1. Hart, H. L. (2007). The Concept of law. Oxford University Press.

2. Jethmalani, R., & Chopra, D. S. (2014). The Indian Penal Code. Thomso Reuters legal.

3. Knauer, N. J. (2011). Gay and Lesbain Elders. Ashgate Publishing Company.

4. Singvi, D. M., & Swarup , J. (2013). Jagadish Swarup Constituion of India. Thomson
Reuters.

5. Thomas, J. T., & Alam, J. (2016). R A NELSON'S INDIAN PENAL CODE. LexisNexis.

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