It is apparent that the LGBTQ issues arose out of complex human condition on this planet, and approaching the issues requires high level of multidisciplinary holistic researches and perspectives. Recently a verdict of the Supreme Court of India recriminalizing same-sex relationship brought into forefront the LGBTQ issues in India. Criticism of the verdict burst out across the media followed by symbolic protests and violations of the law, and the honourable judges came under sharp criticism from many corners. People, however, must bear in mind that the judges just interpreted what is coded in the constitution in the form of law. The Section 377 IPC was, in fact, imposed under Judeo-Christian codes in 1861 during the British rule. What has been ruled out as “against the order of nature” is actually supposed Judeo-Christian injunction on any form of sexual relationship outside the institution of marriage following heterosexual norms.
Earlier many ‘progressive’ people rejoiced in the 2009 judgement of the Delhi High Court allowing consensual homosexual act between adults. It is everybody’s fundamental right to approach the court, and to expect the court to go beyond the structure of the constitution may not be prudent. One question can be raised here: whether law can properly understand and address the complex issues of LGBTQ questions. The court can deliver only if it is equipped with the necessary provisions supplied by the Parliament through comprehensive multidisciplinary researches, discussions and conclusions fit for our age. The state must take up such initiatives to minimize the rising frustrations of certain sections of the society.