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Title: :  Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity
PaperId: :  3513
Published in:   International Journal Of Advance Research And Innovative Ideas In Education
Publisher:   IJARIIE
e-ISSN:   2395-4396
Volume/Issue:    Volume 2 Issue 6 2016
DUI:    16.0415/IJARIIE-3513
Licence: :   IJARIIE is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Author NameAuthor Institute
Ms. Satya RishishwarAmity Law School, Amity University Madhya Pradesh

Abstract

Law
Section 377, Human Rights, Morality, Changing perspective
Homosexuality has been a sin under religion and an offence under law attracting stringent punishments. Non-heterosexual orientations of various varieties have always existed in the human society everywhere on the globe but have been regarded as a matter of shame to be hidden from public eyes. In the recent past the world has however witnessed a virtual transformation in this regard. Recognition of LGBT rights as a human right, as always, is one of the struggle continuing. Section 377 of Indian penal code is a well drafted but outdated code of the British colonial rule with a view to punish and criminalize sensual sodomy, is now discriminatory and against the individual privacy. Article 14, 15 and Article 21 is one of the basic structures of the Indian constitution. HLA Hart and Lord Devlin have debated on right to privacy and morality. In a country like India, moral values have a great influence over the law. One of Landmark case on homosexuality which is known as Naz Foundation v. NCT of Delhi, 2009 has upheld the validity of homosexuality and has also recognised it as a violation of fundamental right and discriminatory on the basis of their gender. However, in 2013 an appeal was filed and the Supreme Court overturned a previous judgment and upheld the validity of section 377 of the IPC. As a result, various pride parades and religious opposition are still going on. Change in moral perspective is an art of the changing world and must be changed for good.

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IJARIIE Ms. Satya Rishishwar. "Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity" International Journal Of Advance Research And Innovative Ideas In Education Volume 2 Issue 6 2016 Page 1209-1216
MLA Ms. Satya Rishishwar. "Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity." International Journal Of Advance Research And Innovative Ideas In Education 2.6(2016) : 1209-1216.
APA Ms. Satya Rishishwar. (2016). Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity. International Journal Of Advance Research And Innovative Ideas In Education, 2(6), 1209-1216.
Chicago Ms. Satya Rishishwar. "Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity." International Journal Of Advance Research And Innovative Ideas In Education 2, no. 6 (2016) : 1209-1216.
Oxford Ms. Satya Rishishwar. 'Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity', International Journal Of Advance Research And Innovative Ideas In Education, vol. 2, no. 6, 2016, p. 1209-1216. Available from IJARIIE, http://ijariie.com/AdminUploadPdf/Recognition_and_Protection_of_LGBT_Rights__LGBT_rights_in_India__An_Ignored_Identity_ijariie3513.pdf (Accessed : 21 December 2017).
Harvard Ms. Satya Rishishwar. (2016) 'Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity', International Journal Of Advance Research And Innovative Ideas In Education, 2(6), pp. 1209-1216IJARIIE [Online]. Available at: http://ijariie.com/AdminUploadPdf/Recognition_and_Protection_of_LGBT_Rights__LGBT_rights_in_India__An_Ignored_Identity_ijariie3513.pdf (Accessed : 21 December 2017)
IEEE Ms. Satya Rishishwar, "Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity," International Journal Of Advance Research And Innovative Ideas In Education, vol. 2, no. 6, pp. 1209-1216, Nov-Dec 2016. [Online]. Available: http://ijariie.com/AdminUploadPdf/Recognition_and_Protection_of_LGBT_Rights__LGBT_rights_in_India__An_Ignored_Identity_ijariie3513.pdf [Accessed : 21 December 2017].
Turabian Ms. Satya Rishishwar. "Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity." International Journal Of Advance Research And Innovative Ideas In Education [Online]. volume 2 number 6 (21 December 2017).
Vancouver Ms. Satya Rishishwar. Recognition and Protection of LGBT Rights: LGBT rights in India- An Ignored Identity. International Journal Of Advance Research And Innovative Ideas In Education [Internet]. 2016 [Cited : 21 December 2017]; 2(6) : 1209-1216. Available from: http://ijariie.com/AdminUploadPdf/Recognition_and_Protection_of_LGBT_Rights__LGBT_rights_in_India__An_Ignored_Identity_ijariie3513.pdf
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