IPC Section 377 : Is homosex an offence ?

“IPC Section 377” 

Indian penal code 377 is related to homosexuality. In this section, it is said that sexual activity is a crime if it is against nature.

Against nature here refers to same sex. And if caught in the unnatural offence then a person shall be punished with imprisonment for ten years, liable to fine and may also be imprisoned for life.

In July 2009 this practice of sex in homosexuality was decriminalised. But that judgement was overturned and not accepted by Supreme Court by saying that amendment or repelling off article 377 is work of parliament not a matter of judiciary.

But on 24 August 2017 Supreme Court ruled that article 377 is outraging Article 14 (equality before law), Article 15 (prohibition of discrimination on the ground of religion, race, caste, sex or place of birth), and Article 21 (protection of life and personal liberty).

So, again on 8 January 2018, the matter with article 377 was listed to be heard by Supreme Court of India, allowing a matter to be heard afresh on this topic.

Term ‘LGBT’ is often ignored and not accepted by society. Many people aren’t even aware that homosexuality is a punishable offence.

There are many problems faced by LGBT(lesbian, gay, bisexual, and transgender) group in India. Which are as follows:-

  •  Physical violence in society.
  •  Verbal harassment in public place.
  •  Non-acceptance by society.
  •  Not getting admission at institutions.
  •  Not getting a job.
  •  Not obtaining proper health care.

Many NGOs, businessmen, actors, etc. are in favour to exclude IPC Section 377. But the politicians, saints, religion headed people and ones with the narrow-minded approach are against it.

India is a democratic country constituted by its own Constitution. Our country is a socialist country where every person has fundamental rights to live their lives according to their own way without hurting the feelings of others and Article 21(3) ‘personal liberty’ is also one of them.

The judges of Supreme Court have declared the right to privacy as a fundamental right as expanded by a group of nine judges to the Article 21 which says every person should live their life according to their wants and needs. Nobody has any right or authority to interfere in other’s life. They also added that everybody should have their basic fundamental rights, so nobody is harmed against law.

Therefore every person’s like, dislike and his/her sexual orientation is their private decision and has every right to make their decisions according.

So, Supreme Court asked the government to take this matter seriously and make laws for these people so that their personal liberty is not affected and they can enjoy equal status in society. This can make our country developed.

LGBT community in our country is large in number. Therefore they can’t be ignored by the government and society.it is the responsibility of the judiciary to make provide this community with equality and give them justice.

According to the preamble of Democratic India, nobody should feel inferior to any individual or group.

So, now its high time that LGBT community also receive equal rights and live their life according to their own choice and enjoy their right.

Report: Amit Kumar

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