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Section 377 decriminalization unnatural offenses

Section 377 refers to Unnatural Offences and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animals, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to pay a fine.

This section 377 of IPC introduced in 1861 during the British rule of India. Against the order of native is illegal previous to that there was no law governing sexual intercourse in India. This section 377 of IPC makes criminals out of homosexuals section 377 is not merely a law about ANAL SEX alone, but it applies to homosexuality in general. The lacks of consent based distribution in the offence has made homosexual sex synonymous to rape and equated homosexuality with sexual perversity section 377 is the biggest affront to the dignity and humanity of substantial minority of Indian Citizens.

On 6 September 2018, the Supreme Court of India ruled that the application of section 377 to consensual homosexual sex between adults was unconstitutional or decriminalized, irrational, indefensible, and manifestly arbitrary ,but there is an exception though the supreme court has rightfully protected animals under against attempts by humans who have intercourse with them, that still remain under the preview of crime.

The decriminalized of sodomy contribute directly to restoring the dignity of homosexuals and allow the LGBTQ [especially gay] moment to emerge from the shadows.

India joined 125 nations where homosexuality is legal as supreme decriminalized gay sex.

The supreme court decriminalized consensual intercourse between persons of the same sex and read down section 377 of IPC. Thus providing a huge boost to the LGBTQ community Of India.

Navtej Singh Johar v/s Union of India

However, 72 countries and territories world wide still continue to criminalized same sex relationship

Situations of Section 377 In Different Countries:

  1. Death penalty - Iran, Saudi Arab, Golf countries.
  2. Imprisonment - Pakistan.
  3. Decriminalize - India , Russia , China.
  4. Allow to Marriage - USA , Canada , Australia , Brazil


Indian Equal Rights Activities Have Undertaken A Long And Arduous To Decriminalize Same Sex Relationships

They had tasted their 1st victory when Delhi high court in July 2009 decriminalized homosexuality among consenting adults. However in December 2012 the supreme court, questioning the high court order , held that the order was legally unsustainable.

In 2015, the Lok Sabha voted against the introduction of private member’s bill to decriminalized homosexuality. Proposed by congress MP Shashi Tharoor, indicating that the BJP led NDA GOVT. was not in a hurry to legal life homosexuality. Soon after a group of well known LGBT rights activities. NS Johar. Journalist Sunil MEHRA , chef Ritu Dalsnia, Hotelier Aman Nath and business executive Ayush Kapoor the supreme court which agreed to reconsider the issue.

The petition claimed their rights to sexuality. Sexual autonomy choice of sexual partner, life, privacy, dignity and equality along with the other fundamental rights guaranteed under the parts of Indian constitution are violated by section 377 of IPC.


What The Judge Said? Navtej Singh Johar v/s Union Of India

Writing for himself and justice of Khan Willkar, the Chief justice has raised the individual’s identity to the pedestal of divinity sans identity the name is only a denotative term the sustenance of identity is a filament of life.

The destruction of individual identity would tantamount to the crushing of dignity, which encapsulated privacy, choice freedom of speech and other expressions. Attitudes and mentalities have to change to accept distinct identities of individuals who must be respected for who they are and not compelled to become who they are not.

{note: the sexual orientation of each individual in the society must be protected on even platform for the right to privacy and the protection of sexual orientation lies it the core of fundamental rights guaranteed by article 14, 15, and 21 of the constitution.

Judgments:
The court found that the criminalization of sexual acts between the constituting adults violated the rights to equality guaranteed by the constitution of India. While reading judgments chief justice pronounced that court found that “ criminalizing carnal intercourse “ to be irrational, arbitrary, and manifestly unconstitutional.

The court ruled that LGBT is in India are entitled to all constitutional rights including liberties protected by the constitution of India.

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