Get Inspired, Be Empowered Forums LGBTQ Issues & Rights Decriminalization of Section 377 IPC Reply To: Decriminalization of Section 377 IPC

Semantee Chattopadhyay
Participant
@semantee03
#32888
Helpful
Up
0
Down
Not Helpful
::

We don’t consider a lot of things as part of Indian culture, for example, Mughal monuments were in jeans trousers and also Chinese food. There is one more thing that we don’t consider as a part of Indian culture and that is homosexuality. On 6th September 2018, section 377 of the Indian Penal code IPC was decriminalised. As per Wikipedia, ” In January 2018, the Supreme Court agreed to hear a petition to revisit the 2013 Naz Foundation judgment. On 6 September 2018, the Court ruled unanimously in Navtej Singh Johar v. Union of India that Section 377 was unconstitutional “in so far as it criminalises consensual sexual conduct between adults of the same sex”.”A key aspect of it was abolished. Section 377 of the Indian penal code is a section of the Indian Penal code introduced in 1861 during the British rule of India. Modelled on the Burgery Act 1533, it criminalised sexual activities against the order of nature. Its application to consensual homosexual sex between adults was found unconstitutional till 2018. It says that if you indulge yourself in any kind of sexual activity which is against the order of nature you can be in present for 10 years. This sounds archaic and regressive. We need to know that these laws were implemented by a country like England in a heterogeneous country like India with minute alterations. The Indian penal court was formed in the year 1853 by the British lawyer Thomas Babington Macaulay. Decriminalisation happened because people started to talk about it and normalise being gay or things alike. It became like a protest and a lot of people took active participation in these kinds of protests. If we see that, LGBTQ community is considered normal in other countries and they are not treated differently but in our India, this community is not been accepted because of which they are facing a lot of problems. Our society needs to accept that people do not have control over their sexual orientation and they need to be open-minded and a lot more accepting about it.