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3 Jus Corpus L.J. 151 (2022-2023)
The Spectrum of Asexuality a Deep Dive into the Community, Its History, and the Legal Barriers

handle is hein.journals/juscrp3 and id is 5175 raw text is: Jus Corpus Law Journal Open Access Law Journal - Copyright © 2023 - ISSN 2582-7820 Editor-in-Chief - Prof. (Dr.) Rishikesh Dave; Publisher - Ayush Pandey This is an Open Access article distributed under the terms of the Creative Commons Attribution- Non-Commercial-Share Alike 4.0 International (CC-BY-NC-SA 4.0) License, which permits unrestricted non-commercial use, distribution, and reproduction in any medium provided the original work is properly cited. The Spectrum of Asexuality a Deep dive into the Community, its History, and the Legal Barriers Sohini Chakrabortya aRajiv Gandhi National University of Law, Patiala, India Received 19 February 2023; Accepted 07 March 2023; Published 11 March 2023 Asexuality is a sexual orientation characterifzed by a lack of sexual attraction or desire toward others. Asexuality is a spectrum, and individuals who identify as asexual can experience it in different ways. Various historical and cultural contexts have contributed to the marginali ation of asexual individuals. In the past, the lack of knowledge and understanding about asexuality has led to stereotypes and misconceptions about asexual individuals, with their orientation being mistaken for celibagi or a mental disorder. According to The Hindu Marriage Act 1955, a marriage can be consummated ony through sexual intercourse between the husband and wife'. This requirement for consummation is based on the assumption that evey person is capable of sexual activity and desires it as apart o a normal marriage which certainy is not the case for people in the asexual spectrum. Article 21 of the Constitution of India2 assures the right to life and personal libery. This legalprovision safeguards the entitlement of evey individual to protect and maintain their life and personal liberty, this also encompasses individuals who identy as being on the asexual spectrum. Hence asexual individuals' right to life and personal libery must be protected by the state. Any violation of this right is considered a violation of the fundamental rights guaranteed under the Indian Constitution and should be allowed to be challenged in a court of law. Indian legal system must recognize the existence of asexualiy, educate people about it, and provide legal remedies for those who experience discrimination. Policymakers, lawyers, and other stakeholders should be urged to work towards creating a society that respects the right of asexual individuals to live with digniy and free from discrimination. 1 Hindu Marriage Act 1955, s 12(1)(a) 2 Constitution of India 1950, art 21 151

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