Navigating Legal Tensions and Cultural Exchanges: Homosexual Rights in Contemporary India

Mithra, Gnana Sanga S. and Padmanabhan, Ananth and Bhavana, S. (2025) Navigating Legal Tensions and Cultural Exchanges: Homosexual Rights in Contemporary India. INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE, 38.0 (4). pp. 1251-1269. ISSN 0952-8059

Full text not available from this repository.

Abstract

In the ground-breaking 2018 judgment of Navtej Singh Johar v. Union of India, the Hon'ble Supreme Court of India ushered in a new era by decriminalizing homosexuality, marking a pivotal moment in the country's legal history. However, this progressive stride was accompanied by persistent questions concerning homosexual rights that remained unexplored within both cultural and legal frameworks. Despite the legal acknowledgment, members of the homosexual community are often professed merely as 'individuals' and not fully integrated into mainstream society. This perception is aggravated by the absence of a societal 'stamp of marriage,' reinforcing their marginalization. In the realm of Hindu law, the sanctity of marriage is deeply rooted in the scriptures, which explicitly define it as the union of 'two souls.' Remarkably, these very scriptures also assert that a soul is inherently without gender, elucidating that gender is a characteristic exclusive to the human body. It is crucial to recognize that Hindu law, including the relevant Acts, draws extensively from these scriptures, making them a fundamental source of legal principles. The legislation, such as the Hindu Marriage Act, essentially serves to codify and organize the pre-existing Hindu law without seeking to undermine the intrinsic values enshrined within the Holy Scriptures. This article aims to delve into the unaddressed aspects of homosexual rights within the contemporary legal framework, shedding light on the denied rights that persist. While global attitudes are progressing towards recognizing and safeguarding homosexual rights, the Indian government and cultural factors appear hesitant to renounce orthodox and conservative stances. This article seeks to analyse and critique these aspects, exploring the challenges hindering the full acceptance and integration of homosexual individuals into the broader societal fabric despite the transformative legal landscape initiated by the Navtej Singh Johar case.

Item Type: Article
Uncontrolled Keywords: Homosexuals, Laws, Rights, Social values
Subjects: Social Sciences > Language & Linguistics
Social Sciences > Law
Divisions: Nursing > Vinayaka Mission's Annapoorna College of Nursing, Salem
Medicine > Vinayaka Mission's Medical College and Hospital, Karaikal
Nursing > Vinayaka Mission's College of Nursing, Karaikal
Nursing > Vinayaka Mission's College of Nursing, Puducherry
Pharmacy > Vinayaka Mission’s College of Pharmacy, Salem
Physiotherapy > Vinayaka Mission's College of Physiotherapy, Salem
Homoeopathy > Vinayaka Mission's Homoeopathic Medical College and Hospital, Salem
Medicine > Vinayaka Mission's Kirupananda Variyar Medical College and Hospital, Salem
Arts and Science > Vinayaka Mission's Kirupananda Variyar Arts and Science College, Salem, India
Engineering and Technology > Vinayaka Mission's Kirupananda Variyar Engineering College, Salem, India
Law > Vinayaka Mission's Law School, Chennai > Law
Medicine > Vinayaka Mission's Medical College, Kottucherry
Medicine > Vinayaka Mission's Medical College, Puducherry
Physical Education > Vinayaka Mission's College of Physical Education, Salem
Interdisciplinary Studies > Vinayaka Mission's School of Health Systems, Chennai
Dentistry > Vinayaka Mission‘s Sankarachariyar Dental College, Salem
Liberal Arts > Vinayaka Mission's School of Economics and Public Policy, Chennai
Depositing User: Unnamed user with email techsupport@mosys.org
Last Modified: 06 Feb 2026 06:57
URI: https://ir.vmrfdu.edu.in/id/eprint/6166

Actions (login required)

View Item
View Item