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Research paper on lgbt rights in india
Controversy over homosexuality
Controversial homosexuality issues
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Homosexuality and Acceptance in Society
Food, clothing, shelter. Okay what next. Security?,freedom? So how
would one feel if one were lawfully and socially denied of the need
which appears just above food, clothing, and shelter on Maslow's
hierarchy of needs. I am talking about homosexuality and section 377
of the Indian penal code, which criminalises male homosexuality. The
major debates and discussions concerning gay men and lesbians revolve
around article 377 of the Indian penal code, no other laws directly
deals with homosexuality, as if homosexuality does not exist in india.
Because of this ostrich like attitude there is no overt discrimination
but covert discrimination against gay men and lesbians runs throughout
the gamut of laws.
The nature of the law is: -
"Whoever voluntarily has carnal intercourse against the order of the
nature with any man, woman or animal shall be punished with
(imprisonment for life) or with imprisonment of either description for
a term which may extend to 10 years and shall also be liable to a
fine.
Explanation; penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.
So from this we can deduct that in our country, someone's need to
satisfy his physical desires, fulfill emotional needs is considered to
be a crime. Act of expressing love is reduced to the term carnal
intercourse. But it is not the same case with heterosexual
relationship. Their expression of love is not termed as just
intercourse neither ofcourse it is criminalised. I don't understand
why is it so difficult for us to accept that human beings differ from
each o...
... middle of paper ...
...by a number of laws that criminalise
actions and other objects considered as immoral or scandalous
according to the governing ethics of the society.
So a person pursuing a homosexual relationship is denied his/her
rights to have a family, his/her entitlement to the deceased spouse's
assets and definitely social acceptance. Well to put it in short I
would like to say that his/her sheer existence is denied in the
society. What more can one be deprived of.
Well nothing in world is permanent and so is the case with laws.
Homosexuality must be decriminalsed. It is important to have law that
goes beyond the existing one and redefines the word 'family'.
Let us all act as matured citizens and fight for the legal and social
acceptance of homosexual relationships and accept their companionship
as constituting families.
Mandatory sentencing refers to the practice of parliament setting a fixed penalty for the commission of a criminal offence. Mandatory sentencing was mainly introduced in Australia to: prevent crime, to incapacitate the offenders, to deter offenders so they don’t offend again, to create a stronger retribution and to eliminate inconsistency. There is a firm belief that the imposition of Mandatory sentencing for an offence will have a deterrent effect on the individual and will send a forcible message to the offenders. Those in favour argue that it will bring consistency in sentencing and conciliate public concern about crime and punishment.
Homosexuality has always played a huge role in society. Views on this topic have changed immensely from the beginning of the greece era to now in modern society. People have become more appalled with this topic because now in society there are stereotypical views on “normal” ways of living. Religious views have also impacted people's decisions and thoughts about it.
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
from arrest through parole, rather than the result of the activities at any single phase. Addressing
Richard Mohr believes that outing closeted homosexuals is morally justified. He argues that sexual orientation is not a private matter and therefore, does not violate a homosexual's right to privacy. He believes that outing will increase the homosexual community by creating positive role models. He argues that remaining in the closet is morally debasing and creates indignity to one's self. Claudia Card on the other hand, argues almost the complete opposite. She takes a utilitarian stance on outing "the big secret." The big secret is referring to one being a homosexual. She believes that outing is justified as long as it does no harm, which she believes is unlikely.
Homonegativity is defined as any prejudicial affective or behavioral response directed towards and individual because he or she is perceived to be homosexual (Cerny & Polyson, 1984). This “prejudicial affective” or “behavioral response” can be translated into the way individuals with homonegative attitudes treat other people they assume are homosexual. This implied negative treatment can be observed in everyday life settings; for example, an employment recruiter choosing one applicant over the other because the undesired candidate was thought to be homosexual, holistically unconcerned with whether or not their homosexuality was proven. Homonegative attitudes affecting perceived homosexual people is also observed in hate crime incidents, as
The acceptance of “abnormal” sexualities has been a prolonged, controversial battle. The segregation is excruciating and the prejudice remarks are so spiteful that some people never truly recover. Homosexuals have been left suffering for ages. Life, for most homosexuals during the first half of the twentieth century, was mostly one of hiding: having to constantly hide their true feelings and tastes. Instead of restaurants and movies, they had to sit quiet in the dark and meet each other in concealed places such as bars. Homosexuals were those with “mental and psychic abnormalities” and were the victim of medical prejudice, police harassment, and church condemnation (Jagose 24). The minuscule mention or assumption of one’s homosexuality could easily lead to the loss of family, livelihood, and sometimes even their lives. It was only after the Stonewall riots and the organization of gay/lesbian groups that times for homosexuals started to look brighter.
Freud's most important articles on homosexuality were written between 1905, when he published Three Essays on the Theory of Sexuality, and 1922, when he published "Certain Neurotic Mechanisms in Jealousy, Paranoia, and Homosexuality."[1] Freud believed that all humans were bisexual, by which he primarily meant that everyone incorporates aspects of both sexes, and that everyone is sexually attracted to both sexes. In his view, this was true anatomically and therefore also mentally and psychologically. Heterosexuality and homosexuality both developed from this original bisexual disposition.[2] As one of the causes of homosexuality Freud mentions the distressing heterosexual experience: "Those cases are of particular interest in which the libido changes over to an inverted sexual object after a distressing experience with a normal one."[3]
Approximately 300 million people live in the United States, and of the 300 million people, nine million people have identified themselves as homosexual. This number could be even higher since not every individual has identified themselves as homosexual. At least nine million people are subject to prejudice, hatred, or discrimination because of stereotypes society has placed on them. Stereotyping has led to discrimination, hatred, and prejudice of homosexuals. This extreme and irrational aversion toward homosexuality or homosexuals is called homophobia and is a major social problem.
(i) only the periods the property was held by the person relinquishing the property (or any related person) shall be taken into account under subparagraph (B)(i), and
Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).
One sentence that is handed down is the indeterminate sentence. This sentence permits early release from a correctional institution after the offender has served a required minimum portion of his or her sentence ("Indeterminate vs Determinate Prison Sentences Explained | Criminal Law", n.d.). This may be a good type of sentence for someone that may be a first time offender or maybe one that the judge may feel has a good chance at being rehabilitated. One problem with...
...ke A Death Sentence." Contemporary Justice Review 15.3 (2012): 309-321. Academic Search Premier. Web. 6 Apr. 2014.
“All men are created equal, No matter how hard you try, you can never erase those words,” Harvey Milk. A homosexual, as defined by the dictionary, is someone of, relating to, or characterized by a tendency to direct sexual desire toward another of the same sex. Homosexuality is ethical, and I will provide rational arguments for, and irrational arguments against the topic. A few objections are as follows: It is forbidden in the Bible and frowned upon by God; It is unnatural; Men and women are needed to reproduce; There are no known examples in nature; and the most common argument that concerns homosexuality is whether it is a choice or human biology.
Homosexuality in Today's Society. In today's society, there exists a mixture of issues which tend to raise arguments with people all over. There are a handful of topics that always seem to escalate these differences between people to the point where one who earnestly participates in discussion, debate and argument can direct their anger towards their feelings on the person themselves. Some examples of such delicate subjects are the death penalty, abortion, and euthanasia.