Gay rights and social movement in India

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ACKNWOLEDGEMENT

I [names & surname here], declare with complete confidence that the entire content which has been utilized in the following thesis has been my individual effort. The content which has been utilized in the dissertation has never been published before. I would also like to express that all the opinions are based on my individual thinking and it is not based on university opinions.

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ACKNWOLEDGEMENTII

CHAPTER 1: INTRODUCTION1

Introduction1

Historical and Religious Background4

Objective of the study7

Problem Statement8

Research Objectives8

Research Questions8

Research design and methodology9

Limitations of the study9

CHAPTER 2: CONSTITUTIONAL GUARANTEE OF ARTICLE 2111

Section 377 a Violation of Article 21 of the Constitution of India12

The impact of Section 377 of the Indian Penal Code14

CHAPTER 3: POSITION IN INDIA ON HOMOSEXUALITY17

State, Law and Rights on Sex17

Rights and Health (sexual)18

Sexual Rights and the Women's Movement20

Sexual Rights and LGTB Movements21

Naz Foundation Case23

Homosexuality and Marriage23

CHAPTER 4: INTERNATIONAL PRESSURE ON INDIA TO DECRIMINALIZE HOMOSEXUALITY26

GLBT Community Emergence and Its Acceptance29

International Pressure30

The United Nations Role30

International Conventions32

CHAPTER 5: HUMAN RIGHTS PERSPECTIVE OF HOMOSEXUALITY34

Bringing Sexuality into Rights34

Sexual Rights vs. Human Rights: What is the relationship?38

CHAPTER 6: WAYS TO MOVE FORWARD43

REFERENCES46

CHAPTER 1: INTRODUCTION

Introduction

The person who is attracted inconsistently towards people of his/her own sex and with individuals who usually distorted sexual contact is known as a Homosexual. There are many other names of Homosexuality that includes pederasty, sodomy, and crimes in against the nature. The males who are attracted towards other males are known as Gay and it is usually practiced by men who experience mental degeneration and they also have hatred towards other sex. The society has been adapting a hard and rigorous approach against homosexuality of both males and females because of the negative views which have been rotating in the society for many years. Due to the fact that these views are common in the society itself therefore, recognition of similar sex couples can take a long time. The most initial step for recognizing homosexuality is that society should see this in an unbiased manner and should understand associated arenas such as gar marriage recognition or their rights towards adapting their individual rights (Delaet & Caufield 2008, p. 297).

All through the history, many social movements have emerged in a dramatic manner and these movements are able to changed societies in which they prevailed. However, history shows that there have been a number of social movements which have failed as well. The history of the world also shows that many notable and significant social movements are present and these movements have differed according to their ideology and mission. There are few movements which have advocated transformations for the present system, few movements brought revolution in their aims whereas some movements have been conservative towards their mission and had operated towards opposing societal changes. The scope of social movements is diverse as well and a number of movements have been restricted to local policy only whereas other social movements have been global in their aim. Apart from all these social movement differences, essential analytic similarities have ...