Decriminalization of Section 377
The following arguments were made to revoke the decision taken against the LGBTQ community in the context of Section 377 of Indian Penal Code:
- Section 377 vindicated a section of society for being a sexual minority. The petitioners contended that human dignity depended on freedom, autonomy, and the right to sexuality.
- Given that homosexuality was criminalized, certain members of the public were unable to obtain proper medical care. It made it more difficult to effectively test for, prevent, and treat AIDS and HIV.
- The Indian Court considers all citizens equal in the eyes of the law. However, various religions and cultures consider homosexuality a taboo. Some child activists argued that the repealing of this section would mean that child abuse cases would also be mishandled. However, the government declared POSCO in 2012 which is the “Protection of Children from Sexual Offences”. This was exclusive for cases of child abuse- both physical and mental.
- Certain consensual acts between heterosexuals were also considered ‘unnatural’ and punishable.
Arguments against Repealing Sec 377
Numerous organizations opposed the abolition of this section. Various religious organizations and religions opposed it, claiming that homosexuality violated both religious morality and God. Another argument against wiping the Section was that it would encourage the spread of diseases like AIDS and create a health risk for the nation.
Section 377 of the Indian Penal Code
Section 377 of the Indian Penal Code has been in controversy since earlier times. According to Section 377 of the Indian Constitution, it was considered a criminal act to indulge in sex between same-sex individuals. Over the years, Section 377 became the center of debate between various communities and the Indian Court of Law. The LGBTQ community was the most dissatisfied as it did not give them the right to privacy and divided them from the rest of the communities. On September 6, 2018, the Supreme Court gave the verdict of Decriminalizing Section 377.
In this article, you can read all about Section 377 of the Indian Penal Code, its relation to the rights of the LGBTQ community, and the debate surrounding this topic for the UPSC exam.
Table of Content
- What is Section 377 of the Indian Penal Code?
- Major Arguments Made by the Supreme Court
- Indian Supreme Court Judgment on Section 377
- Section 377 of Indian Penal Code Amendment, 2018
- Decriminalization of Section 377
- 377 Indian Penal Code Punishment
- Impact of Decriminalising Homosexuality
Contact Us