Tag: SECTION 377

Section 377

In the past, homosexuality was regarded as an offence of criminal nature. However, few years back in 2018, a remarkable judgement was laid, decriminalizing Section 377 of the Indian Penal Code making private homosexual relations legal. This judgement was assumed to be bring benefitable changes in the life of the homosexuals and was believed to contribute in their fight for their right to be a part of the society. Nonetheless, the increasing cases of suicide of homosexuals recently has turned upside down the above believe and the fact of decriminalizing the Section 377 has not brought fruitful effects that was expected as such.

In 1864 initially, Section 377 was introduced by the ruler of British colonial. Section 377 of the IPC states that any homogenous intercourse or sex activities between individuals of same sex are prohibited and illegal under the law. Our Indian government followed this act for a very long time but it was opposed by a great number of people. Many NGOs and foundations also stood in support of the homosexuals and many rallies and campaigns were started to create awareness about gay sex and normalize it in the society.

Prior to the revilement of the Act, the people were afraid to express their real feelings. They considered the fact that they are gay should remain hidden because they thought that if the people come to know about this fact, the society would avoid them making them feel unmotivated, uncomfortable and unaccepted. Such was the reality back then. However, when the ban was raised, many homosexuals came forward and expressed their true feelings. The upliftment made gay sex legal and such people started living a happy confident life and it also encouraged them to make confident choices.

Taking into account the present scenario, many people still consider homosexual intercourse and sex as a taboo. There is a false belief that performing such actions is excessively repulsive and vicious for the society or human race. Although, it has been proven scientifically that its all about changes in the hormones and it’s utterly normal to have affection and love between individuals belonging to same sex. There should be no sense of uneasiness among the people, rather they should support the homosexuals as they are also humans as them and they also have the same emotions and feelings. Love and support are the mere needs of homosexuals to feel accepted by others in the society.

The ban upliftment was the result of the help and support of a number of foundations and NGOs. One such foundation was Naz foundation that focused on putting this act at public notice and tried to make it a significant topic to be noticeable by the court. Many NGOs and foundations came together and joined hands in implementing campaigns to make people familiar about the concept of same sex relationship.

The ban was uplifted by a five-judge bench of constitution headed by chief justice Dipak Mishra. Prior to the revilement of the act, if an individual was caught in this act then he/she was liable to be in atleast a 10 year imprisonment along with fine. It was the outcome of the support of many people and determination of the NGOs and foundations that the ban was raised by a long 185 years period. This encouraged the people to come out of the shadows and live their life confidently and happily. Today, not only in India but in many other countries, the government is open for gay relationships and one can marry an individual of same sex and can even adopt a baby. These things are now no more regarded as taboo because of their constitutional flexibility which is made only for the betterment of the people.

Section 377

Section 377 of Indian penal code criminalizes homosexuality and says whoever voluntarily has carnal intercourse against the order of nation with any man; woman or animal shall be punished with imprisonment for life. However, the Supreme Court on 6 September, 2018, decriminalized the section 377 of IPC. The sc said that it is natural and people have no control over it. Being homosexual is not a disease but people in India still don’t accept. Before moving further we need to know what homosexuality is.

It is basically same sex attraction and attraction can physical, emotional or psychological of the same sex.LGBT means lesbian, gay, bisexual, transgender. The LGBT community is harassed now also they still are not respected in our society even after law has accepted. Their human rights are violated. These people suffer a lot they even can’t approach to police station if there is any case of sexual assault and rape on them. HIV AIDS are mostly found in same sex but they are neither provided with proper heath facilities nor aware about these diseases transmission. There are separate schools for them that are discriminatory. They are prevented from seeking legal protection from violence just because they are attracted to same sex people. A culture of silence in society is created about homosexuality that results to their denial and rejection at home as well as discrimination in workplaces and public places. They are people like us so why to treat them like this. They are called by different names like chakka, hijra and many others. They too have the same right to live in society with all dignity and respect. We all must respect them as they faced a lot in this society.

‘Made in Heaven’ one of the popular series that indicate to very serious problem LGBT where a person can’t even open to his family about his homosexuality. After knowing the truth his mother tortures her son and their landlords file a case against him. Even a married person can’t stand up for himself. It is our society who makes people so weak that they couldn’t speak up for themselves. We all should encourage such people instead of making their jokes and calling with different names and treating them with discrimination. Our law has decriminalized this section 377 but society didn’t accept this. We must give time to each other for this acceptance.

Current developments in section 377

1.       To decriminalize sexual intercourse in private between consenting adults

2.       The age of consent should be 18 or above

3.       The phrase ‘against the order of nature’ should be removed because it is not against nature, it is a natural process.

One has to understand that fight cannot be achieved only through legal amendments but you should ask yourself if you are able to accept this orientation in which one female is attracted to another female or vice versa. So it should be accompanied by awareness campaigns to educate parents, children. To adopt a healthy and supportive attitude towards homosexuals and to have broader approach to gay lifestyle or lesbian lifestyle or any other lifestyle should be considered normal.