File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Homosexuality: A Comparative Analysis

Same-sex marriage refers to the legal union between two individuals who are of the same sex or gender. It allows same-sex couples to enter into a legally recognized partnership with the same rights and responsibilities as opposite-sex couples in terms of marriage, such as inheritance rights, tax benefits, and child custody. In the past, many societies all throughout the world would only recognize and approve of marriages between men and women. But in recent decades, opinions and legal restrictions on same-sex unions and marriage have changed substantially.

It is a relatively new phenomenon, with the first legal same-sex marriages taking place in the Netherlands in 2001. Since then, same-sex marriage has been legalized in many countries around the world, including the United States, Canada, and Australia.

It has been a controversial issue for many years. There are many arguments in favor of same-sex marriage. Some people believe that it is a basic human right for all people to be able to marry the person they love, regardless of their sexual orientation. Others argue that same-sex marriage is good for society, as it can help to promote equality and understanding. Still others believe that same-sex marriage is simply a matter of fairness, as there is no logical reason why same-sex couples should not be able to marry.

There are also some arguments against same-sex marriage. Some people believe that it is a violation of traditional marriage, which is defined as a union between a man and a woman. Others argue that same-sex marriage will lead to the breakdown of the family unit. Still others believe that same-sex marriage is wrong because it is against the will of God. While some argue that it is a violation of traditional values and that it will harm children. They also argue that same-sex marriage is not necessary, as same-sex couples can already form civil unions or domestic partnerships.

The debate over same-sex marriage is a complex one, with strong arguments on both sides. Ultimately, the decision of whether to legalize same-sex marriage is a matter for each individual country to decide.

Ancient View Around The World:

Homosexuality or Same-sex marriage is not a new concept to society.

There are many ancient texts which talk and tell about homosexuality.
  • Japan:The ancient Japanese custom of shudo, also known as "wakashudo," involved older, more seasoned males (nanshoku no kami) taking younger male apprentices or partners (wakashu) for both sex and educational purposes. It was viewed as a connection that included companionship, mentoring, and direction. This practice was significant historically and culturally, and it was frequently connected to Buddhist monasticism and samurai culture. On the other side, nanshoku is a broader term that covers a variety of same-sex partnerships and male sexual practices. It encompasses interactions between men of many ages and socioeconomic backgrounds, not merely the mentor-apprentice relationship typical of shudo.
  • China: During the Ming Dynasty, it is said that the Zhengde Emperor had a homosexual relationship with a Muslim leader named Sayyid Husain. Due to Fujian's unique system of male marriages, which was testified to by the scholar-bureaucrat Shen Defu and the writer Li Yu and mythologized by the folktale The Leveret Spirit, homosexuality started to be referred to as the "southern custom" in the later Ming Dynasty. The Qing dynasty enacted China's first law outlawing private affairs consensual homosexuality. The assigned punishment, which included a month in jail and 100 severe blows, was, however, the lightest penalty ever imposed by the Qing legal system. When homophobia and Western science and philosophy were introduced to China during the Self-Strengthening Movement, homosexuality began to be eradicated in that country.
  • Europe:Wealthy cities in northern Italy during the Renaissance, particularly Florence and Venice, were known for their extensive practice of same-sex love, which was supported by a sizeable portion of the male population and built in accordance with the classical pattern of Greece and Rome. However, the authorities, working under the auspices of the Officers of the Night, were prosecuting, fining, and imprisoning a sizable section of the male population even as many of them were involved in same-sex relationships.
Many of the well-known Renaissance masters, like Michelangelo and Leonardo da Vinci, are thought to have dated men.

Ancient View: India:

In India, homosexuality has been a topic of debate for thousands of years. Hindu literature has adopted a variety of stances on homosexual themes and characters.
  • Images of ladies hugging other women erotically and of men showing off their genitalia to one another can be seen in the temples of Khajuraho. This has often been interpreted by scholars as an admission that gay activities were performed by people.
  • The Ramayana also describes a king by the name of Dilip who had two wives. He left no heirs when he passed away. According to the legend, Lord Shiva appeared to the widowed queens in their dreams and promised them a child if they made love to one another. The queens carried out Lord Shiva's instructions, and one of them became pregnant. A kid was born to them, and that child grew up to become the legendary monarch Bhagirath, who is most known for "bringing the Ganges from heaven to earth."
  • The Mahabharata has an interesting story about Shikhandini, the feminine or transgender warrior of the time and responsible for the defeat and killing of Bhishma. Shikhandini was a daughter of King Drupada, who raised her as a prince to take revenge from the Kurus, the rulers of Hastinapur. Drupada even got Shikhandini married to a woman. After her wife discovered the reality, she revolted. The day was saved by divine intervention bestowing Shikhandini with manhood during night. Shikhandini henceforth lived like a hermaphrodite.
  • The ancient Manusmriti law code imposes penalties on homosexual men and women. According to Manusmriti, a girl who engages in sexual activity with another girl is subject to a fine of 200 coins and ten whippings. However, if a mature woman engages in lesbian intercourse with a minor, she should be punished by having her head shaved or by having two of her fingers amputated. Additionally, a donkey should be forced to carry the woman.
  • Manusmriti claims that sexual union between two men results in caste loss in the case of homosexual individuals. According to the "Painful Heating Act," men who engage in anal or oral intercourse with women, sex with non-human females, sex with another man, or have sex with other men are subject to penalty.

A Societal Aspect Of World:

  • Global respect: Over the last few decades, homosexuality has gained a lot more respect and recognition on a global scale. Many nations have made same-sex partnerships legal, and more and more are legalizing same-sex marriage. In the upcoming years, more nations are anticipated to embrace LGBTQ+ inclusive policies and legislation, continuing the trend towards greater acceptance.
  • Changing Attitudes: Homosexuality has been viewed differently across generations and cultures. Compared to older generations, younger generations have a tendency to be more accepting of different sexual orientations. Future acceptability of homosexuality is anticipated to rise as a result of this generational shift.
  • Legal developments: Over the next twenty years, it's expected that additional nations will legalize same-sex unions and pass legislation shielding LGBTQ+ people from prejudice. However, because cultural and religious variables can affect how laws are enacted, the rate of development may differ amongst nations.
  • Current Issues: Despite advancements, it's vital to remember that homosexuality is still stigmatized and often criminalized in some areas and nations. To overcome these obstacles, there is more that needs to be done in the areas of education, equality, and human rights.
  • Intersectionality: Discussions about sexual orientation will place more emphasis on intersectionality, which acknowledges that people might have several marginalized identities, such as being LGBTQ+ and being a member of other minority groups. This intersectional viewpoint will promote a more thorough awareness of the struggles and experiences faced by varied people.
  • Factors of Culture and Religion: Cultural and religious perspectives have a big impact on how society views homosexuality. There are ongoing discussions concerning LGBTQ+ inclusion within religious and cultural communities, despite the fact that some religious organizations and cultural practices have historically been against homosexuality. Within these communities, there will probably be more conversation and perspective changes in the years to come.

Legal Aspect:

  • Consensual Same-Sex Sexual Activity Legalized: Consensual same-sex sexual activity has been made legal in many nations. The particular laws and punishments do, however, differ. While homosexuality may be completely legal in certain nations yet restricted or even illegal in others.
  • Same-Sex Marriage: As of 2021, a number of nations have made same-sex marriage legal, offering same-sex couples equal rights and recognition. Argentina, Australia, Austria, Belgium, Brazil, Canada, Colombia, Czech Republic, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Taiwan, United Kingdom, and Uruguay are among these nations.
  • Laws governing civil unions and registered partnerships: In some nations, same-sex relationships can get legal recognition through civil unions or registered partnerships. These agreements might not be the same as marriage, but they frequently offer same-sex couples some legal privileges and protections. Included in this are nations like Chile, Croatia, Czech Republic, Ecuador, Greece, Hungary, Italy, Japan, Slovenia, Switzerland, and the United States (where marriage equality is recognized on a national level but some states still permit civil unions or domestic partnerships).
  • Criminalization: It's unfortunate that same-sex sexual conduct is still illegal in some nations. Fines, incarceration, and in extreme circumstances even the death penalty are all possible penalties. It is crucial to remember that homosexuality's legal status is subject to change, and there have been developments in certain nations recently that are for the better.

It's important to stress that there may be changes to the legal framework governing homosexuality. The decriminalization and acceptance of same-sex partnerships can be influenced by public opinion, human rights campaigning, and legal advancements.
Movement around the world:
  • LGBTQ+ Rights Activism: The LGBTQ+ rights movement has been led by activists and organizations. They strive to promote awareness, fight for legal safeguards, and confront discriminatory practices. The problems that these movements frequently address include decriminalization, anti-discrimination legislation, same-sex marriage, and transgender rights.
  • Pride Parades and Festivals: The LGBTQ+ community is celebrated at these yearly events, which also work to increase visibility and acceptance of the LGBTQ+ community. They take place in cities all over the world and bring together individuals with various sexual orientations and gender identities. A forum for advocacy, instruction, and community development is offered through pride events.
  • Organizations Supporting and Promoting LGBTQ+ Rights: There are numerous groups working to promote and support LGBTQ+ rights all over the world. These groups offer informational materials, social networks, legal counsel, and educational programs. The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World), GLAAD, and Stonewall are a few examples.
  • Legal and Policy Advocacy: Several legal and policy advocacy organizations work to advance the rights of LGBTQ+ people. At both the national and international levels, they seek to change discriminatory laws, advance anti-discrimination legislation, and support inclusive policies. To accomplish their objectives, these organizations take part in legal action, lobbying, and widespread campaigns.
  • Corporate and Workplace Activism: Many businesses and employers have also gotten behind the cause for LGBTQ+ rights. They establish non-discriminatory policies, support employee resource groups, encourage diversity and inclusion within their organizations, and take part in Pride activities. This business involvement can influence society more broadly and promotes an atmosphere that is more inclusive.
  • Online Activism and Social Media: The emergence of social media sites has given LGBTQ+ people and their allies a forum to communicate, share experiences, and rally support. Online activism has been crucial in promoting awareness, dispelling myths, and amplifying the voices of LGBTQ+ communities around the world.

The LGBTQ+ community now enjoys more exposure, acceptance, and legal protections as a result of these initiatives and organizations. They continue to push for equal rights, fight against prejudice, and promote tolerance and understanding in all societies around the world.

Landmark Judgements:

  • United States: Obergefell v. Hodges (2015)[1]: In this significant case, the Supreme Court of the United States held that same-sex marriage is a constitutionally protected right, making it lawful in every state. This ruling gave same-sex couples in the US the same legal protections and advantages as opposite-sex couples.
  • India:
    Navtej Singh Johar v. Union of India (2018 case)[2]: The Supreme Court invalidated Section 377 of the Indian Penal Code, which made consensual same-sex sexual behavior illegal. This ruling upheld LGBTQ+ people's rights to privacy and equality as well as the decriminalization of homosexuality in India.
  • Canada:
    Egan v. Canada (1995)[3]: In this case, the Supreme Court of Canada decided that sexual orientation is a protected class under the Canadian Charter of Rights and Freedoms. The protection and equitability of LGBTQ+ people in Canada have advanced thanks in large part to this ruling.
  • South Africa:
    Minister of Justice v. National Coalition for Gay and Lesbian Equality (1998)[4]: The South African Constitutional Court declared that discrimination based on sexual orientation is against the law. The legalization of same-sex unions in South Africa in 2006 was made possible in large part by this judgement, which was essential in recognizing and defending the rights of LGBTQ+ people in that nation.
  • European Union - ECtHR Case Law:
    The European Court of Human Rights (ECtHR) has rendered several notable rulings pertaining to homosexuality, such as in the cases of Dudgeon v. the United Kingdom (1981)[5], Norris v. Ireland (1988)[6], and Schalk and Kopf v. Austria (2010)[7]. By reiterating the rights to respect for private and family life, to be treated equally, and to be free from discrimination, these rulings have contributed to the advancement of LGBTQ+ rights in Europe.

These landmark rulings have had a significant influence on the acceptance of homosexuality and the rights of LGBTQ+ people. They have been instrumental in opposing discriminatory legislation, advancing equality, and developing a more accepting and inclusive culture. It's crucial to remember that legal systems change over time, and new rulings may be handed down that influence how homosexuality is viewed and protected in various legal systems.

In conclusion, views and ideas about homosexuality have changed substantially over time as LGBTQ+ rights and equality have gained more acceptance and acknowledgment. Even though there has been progress in many areas of the world, homosexuality still faces legal obstacles, prejudice, and social stigma in some places.

The rights and protections for LGBTQ+ people have expanded as a result of landmark rulings and judgements that have been made as a result of societal shifts, legal developments, and advocacy initiatives. The legalization of same-sex relationships and the promotion of equality have been greatly aided by significant cases like Obergefell v. Hodges in the United States, Navtej Singh Johar v. Union of India in India, and Minister of Justice v. National Coalition for Gay and Lesbian Equality in South Africa.

Globally, pro-homosexual movements have evolved, including corporate and workplace activism, LGBTQ+ support groups, pride parades, legal and legislative campaigning, and online activism. These movements have helped make different sexual orientations and gender identities more visible, understandable, and acceptable.

To combat discrimination, advance inclusivity, and guarantee equal rights for LGBTQ+ people globally, there are still obstacles to overcome. Continued efforts are required to remove social, political, and legal obstacles, promote discourse and education, and advance equality and human rights for everyone, regardless of sexual orientation or gender identity.

  1. [2015] 576 US 644
  2. [2018] AIR SC 4321
  3. [1995] 2 SCR 513
  4. [1999] ZACC 15
  5. [1981] 4 EHRR 149
  6. [1988] 13 EHRR 186
  7. [2010] 53 EHRR 915

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly