World: India’s Apex Court Decriminalizes Gay Sex

Homosexuality is still not accepted in India and is known to be a criminal offence. It is very difficult for the LGBT community to be out in the open in an Indian company with their status. They are often looked upon, mimicked, and considered as abnormal by conventional thinkers.

As the Supreme Court is set to give verdict on the gay sex on Thursday, below is the emergence of law and its statement by the British rulers:

Section 377 of the Indian penal code says,

“Whoever voluntarily has carnal intercourse against the order of nature”, the law decrees, can be sentenced to prison of life.”

The section was introduced and came into force during the British rule by the British colonizers back in 1861. The British Raj had criminalized homosexual sexual activities and considered it as an offence.

India’s-Apex-Court-Decriminalizes-Gay-Sex

Naaz foundation and AIDS Bedhbhav Virodh Andolan were the first ones to raise this issue in 2001 in the Delhi high court which did not work then. They were again presented eight years later in 2009 which was declared as illegal. However in 2014, the LGBT community was given rights to be included in OBC quota and declared as “third gender”.

On 17th July, 2018, apex court held the verdict whether to decriminalize section 377 or not. Gender rights activists considered Section 377 to be violating different articles of the Indian Constitution where equality before law is guaranteed.

However the Supreme Court on Thursday, September 6, 2018 with the five judge constitutional bench headed by Chief justice of India Dipak Misra and Justices Fali Nariman, A M Khanvilkar, DY Chandrachud, and Indu Malhotra, in four separate but concurring judgments legalized the same sex relations between consenting adults.

About the Author: NewsUSA Team

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