Sociological perspectives on the legalization of gay sex in India

Gay sex was finally legalized in India this month (September 2018), after India’s high court ruled that discrimination on the basis of sexual orientation is a fundamental violation of individual rights.

This ruling overturned the previous ‘section 377’ colonial-era law which outlawed certain sexual acts as unnatural, including homosexual sex. Breaking that law meant a prison sentence of up to 10 years.

Relevance to A-level sociology

Lots!

From a broadly functionalist point of view, you could interpret this as a move towards universal global values. There has been a general trending towards greater sexuality-equality around the globe in recent decades, and this ruling brings another billion people into step with this trend.

HOWEVER, it’s also important to realize that not everyone accepts this in India… many religious groups are opposed to this, and so this is also a potential source of conflict.

From an Interactionist point of view, this is yet another excellent illustration of the social construction of crime…. all of a sudden gay sex is legal and not illegal!

Final thoughts….

While this is huge positive progress towards LGBT rights, there’s still a long way to go as there are several countries in which homosexuality is illegal.

Bit of a short/ lazy post today, bit busy!

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