Advocate (Registered at Delhi Bar Council) in India
Having a homosexual orientation is neither a choice nor a post-birth environmental cum familial affect but one is born as such. Currently the right to homosexual marriage is the talk of the season, people are fighting for it and against it. Several points and arguments are coming up in court enlightening the public about the concepts. So here is my contribution as a research paper towards the community this pride month. My primary aim with this paper is to explain the reason behind the emergence and subsisting of homosexuality in humans with the help of biological, environmental (prenatal and postnatal), religious, psychological, evolutionary, social and legal standpoints. I analyzed the claims and myths related to homosexuality and tried to accept or debunk them wherever necessary. Throughout the manuscript I extensively scrutinized famous studies and surveys like Twin Study, Xq28 study, Chromosomal study, Finger digit ratio survey, study of older brother effect, effect of prenatal stress survey etc. Additionally I emphasized upon the contribution of homosexuality towards evolution and natural selection along with the reasoning about how the existence of homosexuality is justifiable within mankind. The role and importance of homosexuals towards the society and family is also discussed within the paper. I also elaborated about the facts and evidence of homosexuality in Hinduism. Towards the end of the manuscript, I examined the day wise details of the ten days long hearing held by a five judge bench in the Supreme Court upon the plea of legalization of same sex marriage in India along with the judgement. In conclusion of the paper I have attempted to derive the importance of change in mindset of people and why the acts of discrimination, abuse and ostracisation against them is unacceptable. Also the importance of inculcating the real meaning of love, care, acceptance and freedom.
Research Paper
International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 480 - 498
DOI: https://doij.org/10.10000/IJLMH.115421This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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