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Homosexuality: A Historical And Futuristic Insight

Human Right; it is something which can be said as the right of human. Which is enjoyed by them since they are in the womb of his/her mother. In a way I can say that it is inborn right and it is fundamental in its own nature. So, the right which is fundamental in its own nature there's no use of making another fundamental right or classifying the rights under the fundamental category as per our wish and putting some rights as non-fundamental right.

Getting this very clear as for our society there are specific things which is against the order of nature but can it not be said that it is all about our ideologies and perception to look towards a particular class of people, things and so on. Over the decades homosexual relationships where consider as immoral, hormonal disbalance and the most important thing; it was considered as a crime.

So, is it fault of those people who don't fall in love with the person of opposite gender or it is something else? Even though in the modern time the Hon'ble Supreme Court of India has legalized this same sex relationship which states that yes justice is still prevailing in India. But the sad reality here it is that even though Apex Court has legalized it but still the society is not accepting the same. They consider it as an invention of modernization but in reality, the things are different.

So, the objective of this paper is about the historical and futuristic background of homosexuality or LGBTQ community. The research paper is based on the non-doctrinal mode and my hypothesis in this research paper will be even though Sec 377 of Indian Penal Code has been decriminalized what are the problems and consequences that the law-making body will face in making law for Homosexual. In this paper I will give a brief and summarized historical and futuristic perspective of same sex relationship. And how Indian judiciary has tried to legalize it. Whether this decision is being appreciated by Indians or not and so on.

Introduction
Human Right is something which is just a right of human which he is entitled to avail it by being born as human. As the society developed human divided themselves into different religion then thereafter sub-division also took place and divided them into different cast. Some distinguished themselves as male and female and this continued. But what remains constant is that we are human being. And this relation only connects one from another.

Thus, Human Right is an inalienable. fundamental right. Furthermore, to live in the society happily we all require emotional happiness. For this we all search for love. So, one fall in love with human being has made and named that as the rule of nature or order of nature. It is we who said that love can happen only on opposite sex and same sex love is against the order of nature. It's like who has set a bunch of guidelines that this thing falls under the order of nature and these things not.

The answer is HUMAN BEING. The word homosexual means of the same sex. The word homo as Greek prefix means same and Latin word means sex. It is a sexual orientation that is characterized by sexual attraction or love of same gender. Even the Indian mythology reveals the love relationship between Lord Agni and Lord Moon.

Apart from Indian mythology; the Greek mythology also reveals the love relationship. So, if we think that due to modernization people are forgetting "the order of nature" then it is wrong. It is prevailing from ancient time and homosexual love is not an invention it is the fact and a beautiful reality.

History
India is a rich source of mythological facts. It's just not simply a story but a reality which has been translated into literature and these facts are still be cherished and believed. In our Vedic period there are some storied which are believed to be true about transgender and making of homosexual love so, moving further; homosexual love also took place between Gods.

For e.g.: Lord Agni and Lord Soma gave birth to a child by way of Goddess Svaha (the wife of Lord Agni). Lord Mitra & Varuna are the Gods of intimacy and they are generally mentioned together I Vedic period. Lod Mitra had control over the ocean depth as well as lower portal whereas, Lord Varuna called over the upper regions of Ocean, river and shoreline. Lord Mitra and Varuna are often portrayed as an idol of love, affection and friendship between male.

On the other hand, Mitra and Varuna are the two half-moon i.e, the waning one is associated as Mitra and Varuna are offered with the cake when they are together. During that time both Mitra and Varuna implants a seed o one another. It is also said that through Ayoni i.e, non-vaginal sex Varuna and Mitra had a child.1

Deities Gender Variances

There are deities in Indian mythology where they are depicted as both male and female. For E.g.: Lord Shiva and Goddess Parvati. Lord Vishnu and Goddess Lakshmi. It is generally called as "Ardhanarishvara"2 which means husband's half body is for wife. Without wife husbands is only partial.3 Moreover, there are story of Mohini and Shiva as per Bhagavata Purana, where "Lord. Vishnu. takes. the. form. of. the. enchantress, Mohini, in. order. to. trick. the. demons. into. giving. up. Amrita, the. elixir. of. life. Shivas. later. becomes. attracted. to. Mohini. And. spills. his. semen. on. the. rock. which. turns. into. gold."

And as per "Brahmanda. Purana., Shiva's. wife. Parvati. hangs. her. head. in. shame." when. she. sees. her. husbands. pursuit. Of. Mohini. In. some. stories. Shiva. asks. Vishnu. to. take. on. the. Mohini. again. so. he. can. See. the. actual. transformation. for. himself.4 stories. in. which. Shiva. knows. of. Mohini's. true. nature. have. been. interpreted. to. "Suggest. the. fluidity. of. gender. in. sexual. attraction." 5

Devi Amba was born Sikhandani as Drupada's raised and her daughter. Drupada raised her daughter sikhandani with a woman. After marriage sikhandani with a woman. After marriage Sikhandani's wife discovered the truth about Sikhandanu's sex and humiliated her. After that Sikhandani fled but in the meantime, she met Yaksha. Yaksha exchanged his sex with her. And then Sikhandani became "Shikhandi" and thus led a happy life.

Well, Shikhandani was thus led a happy life. Well, Shikahandi was the cause of Bishma Pitama's death.1 And after the death of Bishma Pitama "shikandi" masculinity was transferred to "Yaksha". Moreover, Arjun is also one of a historic examples of Gender variances as Urvashi cursed Arjuna that he will become "kliba". Well Urvashi's curse became fruitful and beneficial for Arjun during his "Agyat Vaas". He became "Bhrinila" a dance teacher of Uttara; who was the daughter of Virata. 2 3

Therefore, Hindu literature do not directly talk about homosexuality but it encounters change in sex and third gender character. In Hindu literature sexual intercourse was considered as ritualistic and pious. So, it didn't focus whether it is done by intersex or any other.

Pre-Condition Of Lgbtq Community In India

Over the decade the relationships between homosexual people are considered to be against the order of nature 9 . And with this phrase or say sentence mankind has violated, humiliated, tortured and discriminated homosexuals. There is some server report talked about the barbaric condition of homosexual and transgender. As Hon'ble Kanika K Ahuja, PhD, Associate Professor of Psychology (Lady Shri Ram College, Delhi University); said that, Sec 377 of IPC had a very torturing effect for LGBTQ Community in India. The Society harassed, beated, blackmailed and many more to these who were homosexual.

They were some people who raped woman out of ego issues and knowing their truth. Some were forced to marry men/ women or say opposite gender and or live a loveless life. Some in order to protect themselves from this committed suicide or ran away together. Moreover, earlier "corrective rape: term was used where lesbians were raped by man. So, that they turn into heterosexual; as stated by Kanika K.Ahuja, PhD, Associate Professor of Psychology (Lady Shri Ram College, Delhi University).
  Some by knowing the truth also raped lesbians. Apart from this psychologist Lata Hemchand (PhD) said in her report that she addressed many homosexual patients. She revealed that many conversion therapies were conducted by the psychologist in order to change the sexual deviations. The poor thing is that parents usually forced their homosexual children to take the treatment.

Therefore, being gay in India can mean being rejected by family, being ostracized by the community and even facing violence. In a small qualitative study, Psychologists Apoorva B of Manipal University and Elizabeth Thomas, PhD, of Christ University in Bangalore found that parents often reacted to daughters' coming out by denying their sexuality or trying to use violence to change them.9 at present, being gay in India can mean being rejected by family, being ostracized by the community and even facing violence.

In a small qualitative study, psychologists Apporva B of Manipal university in Bangalore found that parents often reacted to daughters' coming out by denying their sexuality or trying to use violence to change them. 10 Let me also keep it here that the parents whose children were lesbians, gay or transgender thought they it was their mistake.

Mothers were taunted, cursed, humiliated and blamed for such condition for the child. Overall, homosexuality was considered as mistake, hormonal disbalance, mental instability, bad influence, God's punishment and so on.


Post-Condition Of Lgbtq Community In India

After the decriminalization of homosexuality in Naz Foundation case the homosexual couples were given liberty to love each other and to live together. The most important thing here is to focus that in so or other way sec 377 of IPC, 1860 violated human right, fundamental right, natural justice and liberty to spend life with. As Art. 14 of Indian Constitution talks of Equality before the law and Equal protection of the law this Article is also famous by the term Rule of law propounded by Prof. Dicey. Art. 14 is one of the first basic pillar of protecting and safeguarding the fundamental right of the people.

But now since it is legalized it is protecting the fundamental rights of the people and moreover it is also consistent with Article 211 of the Indian Constitution; which states that "no man shall be deprived of personal liberty, except the procedure established by law." So, by legalizing homosexual relationship it is now falling under the category or ambit of Article 21. 12 If we look it in a different way this historic judgment of Supreme Court has protected the term Natural Justice once again.

To deal it with further fi is important to know that what is natural Justice? And why it is given this much importance? Natural Justice from its term means a justice which is fundamental or faire or universal in nature. There is no as such straight jacket formula of natural justice. Its guidelines are no codified or encoded but it is something which is based upon the intellectual of a person or just say equality. Therefore, legalizing homosexuality has served natural justice.
  But although it has been legalized but still the attitude towards its acceptance has not changed. The World Value Survey (WVS), in the year 2014 surveyed over 1500 people regarding their views on homosexuality. Some felt that homosexuality is never justifiable. Many countries are accepting the homosexual relationships.

As per World Value Survey 2014 survey vit was found that Indian is liberal in accepting same sex relationship. There are some countries who have conservative thought regarding same sex relationships that India. Like Pakistani and Western Asian counties is strongly opposed to same sex love as compared to India.

(China, Singapore and South Korea) 1. 21.

China, Singapore and South Korea Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

A report by the Centre For The Study Of Developing Societies. (CSDS) and Azim Premji University in a 2017-18 survey of 8 states found that 28% of people agreed to accept same sex relationship but 46% of the people disagreed to accept it & rest over people had no opinion.

Centre For The Study Of Developing Societies
(CSDS) & Konarad Adenauer shifting in 2016 survey that covered the age of 15 o 34.

Centre For The Study Of Developing Societies It was found that 24% of the youth agreed to homosexual relationship. S, it was made a conclusion that young people considering rural + urban area is somewhat accepting the homosexual relationship but elder people of the society has disapproved the same.

Relevant Case Laws:

  1. NAZ Foundation V/S Govt. Of NCT Delhi:

    Naz foundation is a first NGO in India who filed the petition regarding decriminalizing of Sec 377 of IPC. They raised two questions; first is that, Sec 377 infringes Art. 21, Right to Equality. Because it creates unreasonable discrimination. Sec 377 discriminates on the basis of contextual sex and homosexual sex. Art. 15 states that no person shall be discriminated on the basis of sex, religion, class or place of birth. So, the term sex can be dealt in two parts i.e., gender and cohabitation. And sexual orientation of a person shall be respected and protected. And Delhi High Court held that certain part in Sec 377 should be held unconstitutional i.e., weightage must be given to sexual orientation rather that biological sex.
     
  2. Suresh Kumar Koushal V/S Naz Foundation:

    In this case two arguments were raised:
    • Homosexuality or same sex marriage must be decriminalized by the parliament because it is a criminal offence.
    • Right to privacy is out of the purview of homosexual act.
    Therefore, after the judgement of Naz Foundation case; whosoever revealed their sexual orientation against same gender was categorized as criminal. As the judgment of Suresh Kumar Koushal was followed.
     
  3. NLSA V/S Union Of India:

    In this case, the rights for transgender were focused because each and every law in India dealt with male and female and not transgender due to which transgender were discriminated. Therefore, in this case Apex Court laid down creation guidelines to deal with the loopholes. These are:
    • Rights enjoyed by person includes men, women and transgender. (Art. 14(6)).
    • No person shall be discriminated on the ground of sexual orientation. (Art. 15(7)).
    • Integrity, privacy, identity and gender are all covered and protected under Art. 19 (1) (a) and this can cover the ambit of Art. 377. (Art. 19 (8)).
    • Right to choose their gender and right to live with dignity.
    (Art. 21 (9)). Hence, in this case the transgender got every right from which they were deprived i.e., equal treatment, self-identity, legal recognition, etc. 1. 160 Delhi Law Times 277 2. 2013 civil Appeal No. 10972 of 277 3. 2014 AIR 2014 SC 1863
     
  4. Justice K.S Puttaswamy V. Union Of India:

    In this case the judgement given under Suresh Kumar Koushal case was struck down by 9 Judges bench. As it was argued that privacy includes the sexual orientation of a person and thus Art. 14, 15 and 21 protects such privacy.
     
  5. Navtej Singh Johar V. Union Of India:

    Navtej Singh Johar in this case challenged the validity of sec 377 of IPC and argued that Constitutional right to freedom of expression, human dignity, right to privacy, equality is being violated by Sec 377. Therefore, in this case the SC held that there shall not be any discrimination on the ground of sexual suitability or orientation of an individual. Doing so will lead to the violation of the right to equality and by criminalizing same sex relationship thus violated the right to life and identity of a person.

Futuristic Consequences Of Legalising Homosexual Relationship:

Objective of Marriage  Adoption by married couple Divorce Acceptance Restitution of  Conjugal Right Dowry death Marital Rape Dowry Cruelty Maintenance

Objective Of Marriage:

The objective of marriage is procreation of child who can carry forward their heredity. As per Hindu Marriage Act, 1955 states that the second basic objective of marriage is the procreation of the children. But now since, Sec 377 has been decriminalized then the basic objective/aim of the marriage will be infringed. It is so because a child biologically can be procreated only by male and female and not through same gender. Although the science and technology has got advanced and a child can be reproduced through some or other technologies like surrogacy, IVF and so on.

Adoption By The Married Couple:

as per Hindu Adoption and Maintenance Act, 1956, any married Hindu male who is of sound mind with the consent (which has to be free) his wife can adopt a child1 . Similarly, any married Hindu female who is of sound mind with the consent of her husband (which has to be free) can adopt a child2 . Now, the point that is required to be noted here that only opposite sex couples is allowed to adopt a child and not same sex couple.

This is one of the loopholes or say ambiguity in legalizing of same sex marriage. There are some personal laws like Christian law, Muslim law, Parsi law where the prerequisites of valid adoption are not given. Therefore, if they wish to adopt any children, they can do so under the Guardians and Wards Act, 1890. But the person only become the guardian and not the adoptive parents.

Divorce:

Section 13 (1) of Hindu Marriage Act, 1955 states that "any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce"3 Now the term used in sec 13 is either the husband and the wife and not husband and husband/ wife and wife. Ergo, if a married homosexual couple wishes to take divorce from each other than under which Statute or Act they should opt.

There is no as such Bill as well. Hence, this ambiguity needs to be fixed by the statute.

Acceptance:

Although the Apex Court has legalized homosexual relationship but still there needs to be an acceptance by the society. As mentioned above by the World Value Survey that still there are some percentages of the people or society is not willing to accept the homosexual relationship. Even they don't want homosexual to be their renter or neighborhood.

No offence but we human being are a social animal and we live in a society therefore if we want or not want, we wish to be socially accepted. And when we are not accepted, we become a matter of discussion, mockery, fun and tease. There is a psychological need of a human being to be socially accepted and even by denying this fact we wish to be accepted. Now, this acceptance will come over time and time.

Restitution Of Conjugal Right:

Sec 9 of Hindu Marriage Act, 1955 states that "when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the court….23" Whereas Sec 22 of the Special Marriage Act, 1954 also states the same. Now, again the point here to be talked or discussed is the same that here also the term husband and wife is used. So, in case a homosexual couple wishes to apply in the District Court the application for the restitution of the conjugal right then who will be the husband and who will be the wife. There is no as such specified term or law or bill to remove such kind of ambiguity.

Dowry Death:

Sec 304-B 2 of IPC talks about Dowry Death. The most important essential of this section is that the husband or the relatives of the husband must/shall cause cruelty either physical or mental to the women (bride). Again, the term husband and wife are used in the statute. My question again here is that in case of cruelty in a homosexual relationship; which law will regulate such kind of offences and what will be its ambit or scope, what will be the punishment and so on. In case a female homosexual couple is during her pregnancy and she has done this type of offence then what will be the cause, how will she be tried, etc.

Marital Rape:

Marital rape is still a topic of discussion in India. Sec 3751 of IPC talks about Rape. And the exception to Sec 375 states that sexual intercourse by a man with his own wife who is not below the age of 15 years will not be considered as rape. Though this exception somehow criticized all over India. Well, I am not going to discuss on this topic. But my point here is that in case of marital rape also the relationship of husband and wife is focused and not wife and wife/husband and husband.

Dowry:

Although this term has not been defined under sec 304- B of IPC but the explanation of this section directly focuses on section 2 (1)2 of the Dowry Prohibition Act, 1961. Earlier dowry was given as a security for the women but as the society developed the situation also changed. And the need to formulate Dowry Prohibition Act was felt. With the passage of time the ambit of dowry is being increased and I is yet to be increased in the coming days. Ergo, the dowry is given by the bride family to the bridegroom family.

Though giving and taking of dowry is a punishable offence as per the Dowry Prohibition Act, 1961 but in case of marriage between homosexual couple dowry is being exchanged and then how later the person/family will be tried. When there is no law or statue to prosecute the same then how will the interest of the aggrieved person will be protected. The answer is that legislature needs to frame the law.

Cruelty:

Sec 498 A1 of the Indian Penal Code talks about cruelty made upon husband or relative of husband. The words of this section is "whoever, being the husband or the relative of the husband of a woman, subjects such a woman to cruelty shall be punished with imprisonment…..." when the term husband or the relative of the husband is used then it is clear that there is no scope of homosexual couple to go under this section and file FIR or Complaint

Maintenance:

The provisions for maintenance is given under Hindu Marriage Act, 1955, Hindu Adoption and Maintenance Act, 1956 and Criminal Procedural Code, 1973. As per Section 182 of the Hindu Adoption and Maintenance Act "the husband has the duty to maintain her wife during her life time" the very essence of this section is that it is gender neutral. Moreover, Section 253 of the Hindu Marriage Act states that:
Either the husband or the wife can file an application in the Court for maintenance" Whereas, section 1254 of CrPC states that "the wife can claim maintenance from her husband if she is incapable of maintaining herself.

Well, there are more parameters and provisions under these sections but my point to put these was to just highlight that in case of maintenance also the relation o husband is wife is focused. And no other homosexual relations or bond is focused. So, how can be maintenance be claimed in the court of law in case either of the arty is not able to maintain himself/herself in case of homo0sexual marriages. Therefore, ambiguity and loophole are still there which is demanding an immediate attention.

Conclusion
Sexuality is like a spectrum. It has no shape, religion, color, creed or caste. It is shapeless and indefinite. Therefore, categorizing relationship and sexuality against the order of nature and not is none of our business. As it can be seen in my research paper that I have briefly talked about the historical background of it which can be traced backed to our Hindu mythology. Then, I also talked about the conditions of the homosexual people before decriminalizing Sec 377 and after decriminalization of Sec 377 of Indian Penal Code.

Thereafter, I also discussed adopt the futuristic consequences of legalizing homosexual relationship. Though these points are not specific and limited. There can be some more consequences of it; like Registration of marriage, Judicial Separation, etc. But the points listed above broadly coves every aspect in detail.

By legalizing homosexual relationship, the Judiciary has again established a milestone that they are here to protect the Human Right of every citizen of India no matter what the society thinks and say; they will always stand for our right. Human Right is like a shield which is given to a person by the virtue of being born a s a human and it is given until the death and even after the death. And if this shield is being broken then the person can move to the Court.

It is now up to us how we accept this beautiful change in our society. One cannot live in a society where change is restricted and barred. With time things change and we have to accept change. Any change is good if that change is serving society, maintain peace and harmony in the society or just let me put it is this way that a change which protects the fundamental right of a human being that change is good and it cannot be denied.

And as I stated above that as per some Hon'ble psychologist the practice which used to take place in the society that has to be stopped at a very quick alert. How a homosexual person was treated in the past that is hard to define and describe but now when we have got a chance to serve mankind then we should start serving the same immediately. The whole purpose of law is to maintain peace and harmony in the society and for this only several rues and regulation were formulated.

Law is all about serving the society and not overruling the society. But society has encoded and decoded their own rules and regulations; thus, leading to the decoding of the sexuality. This research paper is limited to the consequences under Hindu Law and historical background is only focused under Hindu mythology. Though our Hon'ble Supreme Court of India has legalized homosexual relationship still there is need to accept the same in the Indian society.

I guess with the passage of time it will be accepted soon. And I am highly delighted to be the citizen of India where things are accepted it open arms. I hope this paper shall be informative and knowledge to whosoever reading this.

End-Notes:
  1. Conner & Sparks (1998), p. 66, "Arani"
  2. Conner & Sparks (1998), p. 67, "Ardhanarishvara"
  3. Conner & Sparks (1998), p. 211, "Lakshmi"
  4. Vanita & Kidwai (2001), p. 69
  5. Vanita & Kidwai (2001), p. 70 Heroes Gender Variances Sikhandani is one of the best examples of gender variances.
  6. Sec 377, Indian Penal Code.
  7. Journal of Psychosocial Research, Vol. 11, No. 2, 2016
  8. Journal of Psychosocial Research, Vol. 11, No. 2, 2016
  9.  Sec 377, Indian Penal Code.
  10. Journal of Psychosocial Research, Vol. 11, No. 2, 2016
  11. Journal of Psychosocial Research, Vol. 11, No. 2, 2016
  12. 21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.
  13. 160 Delhi Law Times 277
  14. 2013 civil Appeal No. 10972 of 277
  15. 2014 AIR 2014 SC 1863
  16. 2017 (Writ petition (civil) no. 494 of 2012)
  17. Writ Petition (CRIMINAL) NO. 76 OF 2016
  18. 2017 (Writ petition (civil) no. 494 of 2012)
  19. Writ Petition (CRIMINAL) NO. 76 OF 2016
  20. Capacity of a male Hindu to take in adoption:
    Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
  21. Capacity of a female Hindu to take in adoption:
    Any female Hindu:
    1. who is of sound mind,
    2. who is not a minor, and
    3. who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption.
  22. Divorce:
    1. Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party.
  23. 9. Restitution of conjugal rights:
    When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
     
  24. 304B. Dowry death
    1. Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
    Explanation:
    For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
  25. 375. Rape-(Exception):
    Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. STATE AMENDMENT
  26. Definition of 'dowry' - In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly:
    1. by one party to a marriage to the other party to the marriage; or
    2. by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before 1 [or any time after the marriage] 2 [in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. 3 [***]
    Explanation II: The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).
  27. 498A. Husband or relative of husband of a woman subjecting her to cruelty- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine.
  28. 18. Maintenance of wife:
    1. Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.
  29. 25. Permanent alimony and maintenance:
    1. Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 55 [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant 56 [, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
  30. 125. Order for maintenance of wives, children and parents- (b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Bibliography
Acts/Statute Referred:
  1. The Constitution of India.
  2. The Indian Penal Code, 1860.
  3. The Code of Criminal Procedure,1973.
  4. Hindu Marriage Act,1955.
  5. The Hindu Adoption and Maintenance Act,1956.
  6. The Dowry Prohibition Act,1961.
Books Referred:
  1. R. V. Kelkar, Criminal Procedure 833 (K. N. Chandrasekharan Pillai ed., 6th ed. 2014
  2. Morgan, Peggy; Lawton, Clive (2006).
  3. Ethical issues in six religious' traditions. Edinburgh University Press. p. 15. ISBN 978-0-7486-2330-3.
  4. Conner & Sparks (1998), p. 305, "Shiva"
  5. Conner & Sparks (1998), p. 67, "Ardhanarishvara "
  6. Vanita & Kidwai (2001), p. 69
  7. Vanita & Kidwai (2001), p. 94
  8. Pattanaik (2001), p. 99
  9. Vanita & Kidwai (2001), pp. 100–102.
  10. Greenberg, p. 307
  11. Vanita & Kidwai (2001)
  12. Vanita & Kidwai (2001), p. 70
  13. Smith, B.L., p. 5, Legitimation of Power in South Asia
  14. Conner & Sparks, p. 66, "Aravan"
  15. Conner & Sparks (1998), p. 68, "Arjuna"
  16. Pattanaik (2001), p. 80
  17. Conner & Sparks (1998), p. 66, "Arani".
  18. Ruth Vanita, Saleem Kidwai, p. 14-16, Same-Sex Love in India: Readings from Literature and History
  19. Conner & Sparks (1998), p. 44, "Agni"
  20. Vanita & Kidwai (2001), p. 78
Journals Referred:
  1. Journal of Psychosocial Research, Vol. 11, No. 2, 2016
  2. Psychology of Sexual Orientation and Gender Diversity, online first publication, 2018
  3. Journal of Homosexuality, Vol. 64, No. 14, 2017
  4. Growing Up Gay in Urban India: A Critical Psychosocial Perspective, Ranade K. Springer, 2018
  5. Nothing to Fix: Medicalizations of Sexual Orientation and Gender Identity Narrain, A., & Chandran, V. SAGE, 2016
Websites Referred:
  1. Naz Foundation (India) Trust - www.nazindia.org
  2. https://www.livemint.com/Politics/nLQiPpl5UICajLDXETU3EO/Homosexuality-in-India-What-data-shows.html

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

The Factories Act,1948

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There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Copyright: An important element of Intel...

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The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Law of Writs In Indian Constitution

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Origin of Writ In common law, Writ is a formal written order issued by a body with administrati...

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