Love has no Gender and Compassion has no Religion

  • Debasrita Choudhury and Avik Sarkar
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  • Debasrita Choudhury

    Student at KLE Law College, Bangalore, India.

  • Avik Sarkar

    Student at KLE Law College, Bangalore, India

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Freedom and the right to live- does it entail all aspects of being free in a democratic country, including the right to express individual sexuality and gender identity? Isn’t freedom an illusion if individual expression is subdued or curbed? After decriminalisation of homosexuality in Section 377 of IPC, the next logical step should be legalising marriage between homosexual individuals. However, it is still a challenge posed to the queer community. Landmark judgements like Navtej Singh have set progressive and forward thinking precedents when the judges scrapped the homophobic interpretations of Section 377 on the grounds of it being manifestly arbitrary and violative of Articles 14, 15 and 21. Under the right to privacy and right to choose a life partner, the scope of the Constitution was interpreted to cover outside the norm of cis-het gender identities. The term ‘person’ includes individuals who are not just cis-gender and heterosexual. These are pretty forward thinking legislations. 29 nations like US, United Kingdom, France, including third world countries like Argentina have facilitated gay marriage rights and the privileges that come with them, such as adoption, IVF for lesbian mothers. Forward thinking legislations propel the State forward, and immensely help in changing public opinion for the better. It is time for India to follow in these footsteps and make positive change. For far too long the LGBT community faced oppression, police atrocity and social stigma. Let this be an apology for decades of mistreatment and disrespect meted out to them.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 3418 - 3426


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