Section 377 of the Indian Penal Code
1. Why was Section 377 removed?
The Section 377 resulted in discrimination of the LGBTQ community from the rest of the society by criminalising sexual relations between homosexual people and also some sexual acts between heterosexuals which were ‘against the nature’ were also vindicating.
2. Is Section 377 bailable or not?
Section 377 is considered a serious offence and is non- available. Anyone found guilty is tried in the a first class magistrate court.
3. Is Section 377 of the Indian Penal Code between husband and wife?
No, Section 377 of the Indian Penal Code is null in case of a husband and wife. Once married, The IPC directs that there is no barrier on the kinds of sexual activities that occur between a husband and wife.
4. Is 377 legal in India?
Section 377 of the Indian Penal Code is still valid but only to the extent that non consensual sexual acts carried out by men that are equivalent to ‘unnatural sex’ will be punishable. The criminalisation part of it is not valid.
5. What is the 5 years of Section 377 of the Indian Penal Code?
September 6, 2023 was celebrated as it commemorated 5 years of the historical decision in which Section 377 was readressed. This decision resulted in the decriminalisation of sex between same sex individuals and gave them equal legal rights as the rest of the society.
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
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