India is home to more than 55 million LGBT adults, according to Out Now Consulting, a marketing agency that helps businesses target gay and lesbian consumers. LGBT couples have fewer children than other groups and higher-than-average salaries, meaning plenty of disposable cash.
Homosexuality is mostly a taboo subject in Indian civil society and for the government. Section of the Indian Penal Code made sex with persons of the same sex punishable by law.
In the offence, no distinction between consensual and non-consensual sexual relations were made, perverting homosexuality in its entirety as a result. The first challenge to Section was first raised vis-a-vis its constitutionality all the way back in , when the Naz Foundation Trust, a non-governmental organisation filed a writ petition before the Delhi High Court.
Sexual activity between people of the same gender is legal but same-sex couples cannot legally marry or obtain civil partnerships. Since , transgender people in India have been allowed to change their gender without sex reassignment surgery , and have a constitutional right to register themselves under a third gender.
The members of this community were compelled to live a life full of fear of reprisal and persecution. By ruling against the colonial-era law, the court delivered a powerful riposte to institutionalised disgust and contempt aimed at the LGBT community in India.
In many places heterosexual people too can get in trouble for having sex outside marriage. The pressure can be unbearable even when relationships are undetected, or are never begun for fear of the cost.
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