HOMOSEXUALITY

A STUDY IN THE CITY OF CHANDIGARH

HUMAN RIGHTS AND HUMANITARIAN LAW (Session 2011-2012)

SUBMITTED TO: Dr. Ashish Virk, Assistant Professor SUBMITTED BY: FERRY SOFAT SUMMET PAL SINGH BRAR AVLOK SINGH SANDHU ASHUTOSH SHARMA BHAVYA SAGGAR PALAK SHARDA B.A. LL. B (Hons.) 9th Semester

UNIVERSITY INSTITUTE OF LAW PANJAB UNIVERSITY REGIONAL CENTRE, LUDHIANA

CONTENTS

Acknowledgement Objectives of the Project Methodology

4 5 6

Chapter I: Introduction to Homosexuality: Concept in Modern era 1.1 Introduction 1.2 Definitions 1.3 Terminology 1.4 Sexual Orientation and Sexual Preference 1.5 A brief overview of Homosexuality

7 7 8 9 10 11

1.6 Operation based on race, sex, sexual orientation and gender identity 12

Chapter II: Homosexuality: An International Perspective 2.1 Background 2.2 Current Status 2.3 Laws relating to Homosexuality 2.4 International Declarations in LGBT Rights

13 13 18 26 32

2.5 Homosexuality in different jurisdictions

33

Chapter III: Homosexuality: A National Perspective 3.1 Background 3.2 Homosexuality in Ancient India 3.3 Homosexuality in India : Past and Present 3.4 Judicial Pronouncements

37 37 40 43 49

Chapter IV: Critical Observations, Analysis & Concluding Remarks 58 4.1 Data Analysis A. General Aspect: Table 1 B. Social Aspect: Table 2 C. Family Aspect: Table 3 D. Legal Aspect: Table 4 4.2 Data Collected 4.3 General Observations 4.4 Conclusions 4.5 Suggestiwons 58 60 62 64 46 48 50 50

Bibliography Annexure I Annexure II

52 53 56

TABLE OF CASES
1. Koolwal v. State of Rajasthan 2. Subhash Kumar v. State of Bihar 3. Vellore Citizens Welfare Forum 4. People United for Better Living in Calcutta v. State of West Bengal 5. S. Jagannath v. Union of India 6. M.C. Mehta v. Union of India 7. M.C. Mehta v. Union of India (Taj Trapezium Case) 8. Indian Council for Enviro-Legal Action Case 9. M.C. Mehta v. Union of India (Tanneries case) 10. Th. Majra Singh v. Indian Oil Corporation 11. A.P. Pollution Control Board v. Prof. M.V. Nayudu 38 39 41 41 41

42 42 42 42 43 43

Acknowledgement
We wish to express our deep gratitude to Dr. Ashish Virk, Assistant Professor, University Institute of Laws, Panjab University Regional Centre, Ludhiana, under whose scholarly, mature and austere guidance and supervision, this research has seen the light of the day. She has been a constant source of inspiration and encouragement to us throughout the completion of the study. She in fact put us on the road to take this task by giving valuable suggestion on the selection of the topic and then acting as a helpful and supporting supervisor throughout the journey of completing this work. To work under her mature and scholarly guidance is a great experience, that any student can desire for, but at the same time a cherished privilege to be sought for. We also wish to express our thanks to Dr. Aman A. Cheema, Assistan Professor, University Institute of Laws, Panjab University Regional Centre, Ludhiana for examining each statement with microscopic attention to maintain a concise presentation and for devoting many hours with cheerful ebullience despite her pre occupations with variety of other academic involvements. We also wish to express our deep sense of gratitude to all the Staff Members of Panjab University Extension Library, Ludhiana who supported us by providing the valuable books and other material for the completion of our research. We also want to pay greatest regards to the member of the legal fraternity of Punjab & Haryana High Court, Chandigarh with whose help the survey was easily commenced and are affirmatively dispensed. We also drive an immense pleasure in paying regards to Mrs. Manju, Mr. A.P.S. Rana (Advocate), Mrs. Sangita Dhand (Advocate), Mrs. Anu Chatrath Kapur (Advocate), Arshdeep Singh Grewal, Damanjeet Singh Sandhu, Gurjeet Singh Gill and Cherry Sofat. We cannot resist ourselves from thanking our class mates and who never let us face any difficulty in arranging for any resources we needed in finding the relevant material and conducting research work. We are highly grateful and indebted to them all for brotherly support as well.

University Institute of Laws, Panjab University Regional Centre, Ludhiana

Ferry Sofat, Sumeet Pal Singh Brar, Avlok Singh Sandhu, Ashutosh Sharma, Bhavya Saggar, Palak Sharda