Decriminalising Section-377

There was a time when homosexulaity was considered as a tabboo in all over the
world. In the Euprope colonial masters had two sets of morality in respect of
sexual behaviour. The countries with Napoleonic Code did not pick out the same
sex acts for criminal sactions but of social sanction, whereas Common Law did
criminalise homosexual acts and carried it to India and other parts of the colonies.
In Indian historical context, the erotic carvings on the Hindu temples of Khajuraho
and Konark Temple and on the Great Buddhist monument at Borabordur in
Indonesia are well known. The Kama Sutra has a separate chapter on the same sex
love. The well known acceptance of boy lovers in Mogul and lesbianism in the
confines of harems are well known facts of state approval and recognitio of
homosexuality.

Historical backgrounds of decriminalising Homosexulity....

In recent years, after the recognition of right to life and liberty as a basic human
right, it is believed that interference of law in private life of an individual amounts
to invasion on his bedroom. Perhaps it is to safeguard the individual's rights to
privacy.

England in 1967 decriminalised homosexual acts in private between consenting

partners, followed by Canada and Australia in 1969. Irony comes here as in India,
Pakistan, Bangladesh, Sri Lanka Malaysia and Singapore once British colonies
have retained British era Prohibition even then England had deciminalises way
back in 1967.

But now India joins in 125 nations where homosexuality is legal as Supreme
Court's 5 Judge Constitution Bench comprising eminet judges like Chief Justice
Dipak Mishra, Dr. D.Y. Chandrachud etc in their landmark judgment, held section
377 of IPC unconstitutional insofar as it criminalized sex between consenting
adult of the same gender. In the light of the sepoy Mutiny of 1857, Section 377, the
law to prosecute those who challenge the 'Order of nature' was rushed through in
1860. This rule was first enacted in 1861 under the British rule previous to that
there was no law governing sexual intercourse in India.

The Supreme Court deciminalised consensual intercourse between persons of the

same sex and read down section 377 of the India Penal Code, thus providing a
judge boost to the LGBTQIA+ community of India.

In Navtej Singh Johar vs. Union of India Supreme Court observed and gave the
verdict to decrimnalise consensual intercourse between the same gender. The court
reconised sexual orientation as a "natural and inherent" biological phenomena, and
not a matter of choice.

As per Section 377 it was a punishable act to have intercourse with any man,
woman or animals against the order of ature menaing homosexuality and
bisexuality were both outlawed.

Supreme Court decriminalise unnatural sex between persons but they still
criminalizes the unnatural sex with animals.

:- Wrting for himself Justice Khanwilkar & Chief Justice has raised the voice of
individual identity to the pederstral of divinity & identity, the name is only a
denotative term, and the sustinance of identity is the Filament of life.

They also observed that there is a abridgement of their fundamental rights under
article 14, 15 & 21 of the Consitution of India.

:- Five important cases regarding homosexual & Section 377.

1. Naz Foundation case 2009

2. Suresh Kaushal Case 2013

3. Nalsa Vs. Union of India & Ors. 2014

4. Puttaswamy case 2017, authored by Justie chandrachud.

5. Navtej Singh Johar Vs. Union of India 2018.

Then the question is, What is LGBTQIA+?

:- LGBTQ means the persons who have diffent kind of sexual urges & orientation.

Where:- L stands for Lesbian, refers to a homosexual woman, or a woman who is

sexually attracted to other woman.
 G stands for Gay, Refer to a homosexual man, or a man who is sexually
attracted to other men.

B stands for Bisexual, a person who experiences sexual attraction to both

men and women.

T stands for Transgender, A person who is assiged into the male sex but
identifies as a women may be a transfender person. Conversely, a person who has
been assigned the female sex at birth and who identifies as a man instead is also be
a transgender person.

Q stands for Queer, people who identify as Queer are those whose gender
and/or sexual identities falls outside the categories of Man and Woman.

I stands for Intersex, for a variety of bodies in which a person is born with
reproductive or sexual anatomy that does not fit into the sex binary.

A stands for Asexual, umbrella term for those to tend not to have a sexual
desre towards others; asexuals may experience romantic attractions and engage in
sexual behavior.

Recently, Indian govt. files his submission agianst the deciminalisation of Section
377 saying that it will hamper the roots of cultural and societal norms of Indian
Society and it is agianst the natural fleet of cultural norms of Indian society.

Recent International Regarding Gay rights....

And on March 22nd 2023 Uganda's Anti-Gay Law where legislators amended
significant portions of the original draft law, with all but one speaking aginst the
bill.

Homosexulaity is already illegal in the conservative East African nation and it was
not immediately clear what new penalties had been agreed upon.

But Since independent from Britain in 1962 there has never been a conviction for
consensual same-sex activity.

In 2014, Uganda lawmakers passed a bill that called for life in prison for people
caught have gay sex,
The legislation sparked international condemnation, with some Western nations
freezing or redirecting mllions of dollars of government aid in response, before a
court later struck down the law on a technicality.

But now it criminalised by amendment and changed from life in prison to Death
sentence

:-Singapore

In Singapore Section 377A of the Singapore Penal Code criminalized sex between
men, until its full repeal on 29 November 2022.

Prime Minister Lee Hsien Loong of Singapore had announced in August 2022 that
the provision would be repealed.

Conclusion:

This is the 21st century where an individual has evolved to an extent where man is
capable enough to choose their own partners and has the right to select their own
sexual partner but due to inherent sterotypes in India and in Islamic World, people
are not yet ready to accept the fact that two people belonging to the same gender
can fall in love and spend their lives together. Even after 4 years of decriminalizing
section 377 of the IPC the sterotypes are prevalent yet. The Biggest tribute to them
would be that, they will see others like them living the life they wished to live,
with dignity and with the partner of their choice. The nation will uplift only when
each section of the nation uplifts.

Now, we have to see what Supreme Court of India will say on the submission of
Indian Government and what Union Govt. will act that behalf.