HOMOSEXUALITY: FROM VICTORIAN TO CONSTITUTIONAL MORALITY

Abstract

This research paper is the overall study of homosexuality in India; from our ancient scriptures to its final decriminalization. This will give an insight on the history aspects and existence of the homosexuals in our ancient history and then also how this became a criminal offence by the implementation of the Indian Penal Code. The paper further covers the legal journey of the homosexuality from the Victorian to the constitutional morality which took 74 years and a two decade long legal journey. The role of the judiciary is also been discussed later in the paper and how judiciary of any country can change the perspective of any society is also discussed through various judicial developments in the same matter. So this paper is an insight into the complete journey of the homosexuality in India, from Codification of Crime in 1860 to decriminalization in 2018.