Abstract

Human Being, the most powerful specie on this earth, due to the mental intellect it possesses, is still helpless and powerless in few matters which are essential of it’s being i.e. into which gender a person will born into, how a person feels about the rules associated with the gender they are born into, to whom they feel attracted too etc. Like a Lion is a King of the Jungle a Human Being is King of the World, but still a little powerless than a Lion because of the boundaries and rules. Nature gave three genders to this world, male, female and third gender, but somehow, we closed our eyes to the existence of third gender and started treating them as someone dangerous and dark. In India it was only in the year 2014 that the Hon’ble Supreme Court recognized transgender as a third gender, to be given rights in the country. Except our transgenders there is another set of community which struggle a lot in the society and are often seen as someone different from the league of being called human being, these are the homosexual community i.e. Gay, Lesbians, Bisexuals. Unlike the Trans-gender the Homosexuals are born into a particular gender but they either do not feel associated with it or are attracted to a person belonging to the same sex. In India Section 377 of The Indian Penal Code explicitly criminalized same sex relationships and was punished rigorously and it was not before the year 2018 that the Hon’ble Supreme Court of India has recognized this relationship by partially declaring Section 377 unconstitutional and violative of Article 14, 19 and 21 of The Indian Constitution. This Chapter will analysis the rights of our unrecognized, hidden community in the legal framework through the Indian Penal Code, Bhartiya Nyaya Samhita, case law journey of these communities while also comparatively analyzing the Indian Scenario with other countries.

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