UNTOLD STORY OF GENDER IN THE CLOSET

Kauser Husain, Shanu Agarwal
International Journal of Law and Legal Jurisprudence Studies   unpublished
Researcher in the paper is of the view that mere non conformity with the moral or religious views of a section of society where sexual acts of two consenting adults acting privately are being penalized severely affects the rights and interests of homosexuals, bisexuals and Transgender and deeply impairs their dignity. Criminalization of such act grossly violates their right to equality,right to freedom of expression and right to privacy and live their life with dignity embodied in Article
more » ... icle 15 and Article 21 respectively. Present legal status of such communities around the world along with the reference to instances of harassment faced by these communities which forms the essence of queer politics is also been discussed in the paper. Naz foundation judgment provides the plinth for elimination of all forms of discrimination against persons not merely on the basis of their sexual orientation but also their gender identity but merely after 4 years holding the judgment unsustainable and deeming section 377 not unconstitutional by the Apex Court again forced people of LGBT community to diminish in darkness. Deeming of section 377 constitutional embodies within itself a primacy of the heterosexual and maintain the assumption of compulsory heterosexuality crystallizing the society's firm belief that the world around us is heterosexual until proven otherwise. Judiciary can play an important role by deeming the section unconstitutional which can provide this section with the basic human rights who are witnessing identity crisis because of having unnatural sexual orientations. The author throughout the article provides an overview of the relationship between law enforcement and the community.
fatcat:45r7tjlezbgytkh35nhpmwzi6q