Journey through the turns and twists of section of 377
JOURNEY THROUGH THE TWISTS AND TURNS OF SECTION OF 377
JOURNEY THROUGH THE TWISTS AND TURNS OF SECTION 377
Abstract
Section 377 of the British colonial penal code criminalized all sexual acts that were considered against the order of nature. This law was used to prosecute individuals engaging in oral and anal sex, as well as homosexual activity. This abstract will take a look at the historical context and the impact of Section 377 as well as the ongoing struggles of LGBTQ+ rights in Jurisdictions that still enforce this provision. The article will also explore the arguments used by the proponents and opponents of section 377 highlighting the different viewpoints on this issue. Additionally, the abstract will discuss the international perspective on Section 377, including the efforts by human rights organizations and global contributions to battle discrimination and promote LGBTQ+ rights worldwide. Altogether, this article aims to provide an overview of section 377 and its impact Section on LGBTQ+ communities, and the need for legal reforms and acceptance to promote equality and freedom. Over the years, the existence of section 377 has been a subject of intense debate and criticism. In recent years, there has been progress in challenging and repealing Section 377 in some countries, In 2009, the Delhi High Court in India decriminalized consensual same-sex sexual activity between adults, deeming Section 377 unconstitutional. However, the Supreme Court of India overturned this judgement in 2013, restating the criminalization of same-sex relationships. Again in 2018, the Supreme Court of India struck down Section 377 once again, decriminalizing consensual same-sex relationships and recognizing the rights of LGBTQ+ individuals. The fights against Section 377 and similar provisions are an ongoing battle for LGBTQ+ rights and acceptance worldwide. It continues to be a pressing issue for activists and advocates who strive for equal rights and protection of every individual regardless of their sexual orientation or gender identity.
ARTICLE
Section 377 of the Indian Penal Code was introduced in 1860 during British colonial rule in India. It was based on the British Buggery Act of 1533, which criminalized. “the abominable crime of buggery, encompassing various forms of non-vaginal sexual acts. In 1947, India gained independence from British rule, but the British colonial era law, section 377, remained in place. This provision criminalized any sexual activity that was deemed to be “against the order of nature,” which was often interpreted to include consensual same-sex sexual activity. This law had a devastating impact on the LGBTQ+ community of India, leading to discrimination, harassment, and persecution. Despite decades of activism and advocacy, Section 377 remained a part of the Indian legal system until it was finally struck down by the Indian Supreme Court in 2018, a landmark decision that marked a significant step towards equality and justice for all.
In 2001, the Naz Foundation, a non-governmental organization (NGO) that focuses on the prevention of HIV AIDS, filed a legal petition in the Delhi High Court to contest the constitutionality of Section 377. This section of the Indian Penal Code criminalized sexual activities between individuals of the same sex. The Foundation argued that the law violated individuals right to privacy, dignity, and equality. This further contended that the law stigmatized and discriminated against the LGBTQ+ community, making it more difficult for them to access healthcare and other essential services. The case received widespread attention and sparked a national debate on LGBTQ+ rights in India.
The Naz Foundation v. Government of NCT of Delhi case in 2009 was a historic event that saw the Delhi High Court make a significant and groundbreaking decision. The court ruled that Section 377 was a direct violation of fundamental rights guaranteed by the Indian Constitution, which included the right to equality, non-discrimination, and privacy. As a result, the court’s decision paved the way for consensual same-sex sexual activity among adults to be decriminalized. This was an enormous victory for the LGBTQ+ community, as it meant they could freely express their sexual orientation without fear of prosecution or discrimination.
The case of Suresh Kumar Koushal v. Naz Foundation, which dealt with the issue of decriminalizing consensual same-sex sexual activity, was a controversial one. The Delhi High Court had ruled in favour of decriminalizing in 2009, but in 2013, the Supreme Court held that the issue of decriminalizing should be left to Parliament to address, stating that the Delhi High Court had overstepped its jurisdiction in ruling in the matter. The Supreme Court’s decision faced significant opposition, with many arguing that it was discriminatory and a setback for LGBTQ+ rights in India. It was seen as a blow to efforts to end the criminalization of same-sex sexual activity in the country, and activists continued to fight for the decriminalization of homosexuality in India.
The decision to uphold Section 377 generated a wave of protests and outrage from the LGBTQ+ community, human rights organizations, and their allies. People came together to demand repeal of the discriminatory law and the recognition of the basic rights of LGBTQ+ community. Despite the setback, the community and their supporters continued to fight for justice and equality.
In 2018, the Supreme Court of India made a historic ruling that marked a new chapter in the country’s LGBTQ+ rights movement. The judgement delivered in the case of Navtej Singh Johar v. Union of India, where the court revisited and reconsidered its earlier decision and held that Section 377 of Indian Penal Code was unconstitutional to the extent that it criminalized consensual same-sex sexual activity between adults. The ruling recognized the rights of LGBTQ+ individuals and affirmed their right to equality, privacy and dignity. The court acknowledged that Section 377 violated the fundamental rights of the LGBTQ+ community and perpetuated stigma and discrimination against them. The judgement was a significant step forward in the fight for equal rights and a shift towards greater acceptance and inclusivity in Indian society.
In conclusion, the judgement in Navtej Singh Johar v. Union of India was a landmark moment in India’s LGBTQ+ rights movement. It affirmed the rights of LGBTQ+ individuals and recognized their dignity and worth as human beings. The ruling was a testament to the power of activism and the resilience of marginalized communities in the face of adversity.
However, despite the repeal of Section 377, LGBTQ+ individuals still face challenges such as societal stigma, discrimination, and lack of legal protection in areas such as marriage, inheritance, and adoption. There is ongoing advocacy and debate to address these issues and to secure full equality for LGBTQ individuals in India.
GLOBAL PERSPECTIVE:-
In recent years, there has been a growing global trend towards decriminalizing and advocating for LGBTQ rights. Many countries have reformed and repealed laws that criminalise same-sex relationships, recognizing and protecting the rights og the LGBTQ community. However, it is important to note that there are still countries where same-sex relationships are criminalized, and LGBTQ individuals face discrimination, persecution, or limited rights. Each country has its specific legal framework and social attitudes towards LGBTQ rights. It is recommended to consult up-to-date sources or news platforms for the most current information on the situation of LGBTQ rights and the status of Section 377 in specific countries.
In June 2020, the U.S. Supreme Court made a landmark decision in Bostock v. Clayton County to extend workplace protection to LGBTQ employees under Title V11 of the Civil Rights Act of 1964. This ruling ensured that queer individuals across the United States are now protected from workplace discrimination. In May 2020, Costa Rica’s Constitutional Court declared the ban on same-sex marriage unconstitutional, legalizing it in the country. Costa Rica became the first country in Central America to recognize same-sex marriage.
Taiwan also made history in May 2017 when its Constitutional Court ruled that the ban on same-sex marriage was unconstitutional, making it the first Asian country to legalize same-sex marriage. Subsequently, the government passed legislation to recognize same-sex marriages, and the first same-sex wedding took place in May 2019.
In 2017, the German Parliament passed a law legalizing same-sex marriage, allowing gay and lesbian couples to marry and adopt children. This decision came after a 2015 ruling by the German Constitutional Court that called for equal treatment for same-sex couples. It also gave the same-sex couples equality and status in the society.
It’s important to note that the legal landscape regarding queer couples’ rights is constantly evolving, and there have been many developments to date.
CURRENT STATUS OF LGBTQ IN INDIA—
After a legal battle that lasted from six months to even five years, the fight for marriage has come to a contentious halt. A five-judge bench of the Supreme Court passed a 3:2 verdict on petitions seeking marriage and family rights for members of the LGBTQ community. However, the court did not sanction same-sex marriage and instead left the decision to legalize non-heterosexual unions to the Parliament and State Governments.
Harsh Iyer, a well-known activist for LGBTQ community and their rights, who was one of the petitioners in the case, expressed his thoughts on the verdict, stating that while it may not have been favourable for their community, the Supreme Court made several noteworthy observations that supported their cause. Chief Justice of India Chandrachud acknowledged that there were varying degrees of agreement and disagreement among the justices regarding how far they should go concerning legalizing same-sex marriages.
Also, Solicitor General Tushar Mehta has expressed his appreciation for the recent judgement handed down by the Supreme Court regarding same-sex marriage. The court has refused to grant legal recognition to same-sex marriage under the Special Marriage Act, instead leaving the matter to be decided by Parliament. This decision is significant as it recognizes the importance of upholding the legislative process and democratic values in determining such a sensitive issue. The Solicitor General’s endorsement of this decision in indicative of his support for the judicial system and its role in upholding the rule of law. The Solicitor General, who is the key lawyer for the Centre and urged the top court to allow Parliament to decide on the matter, as it falls within the legislature’s jurisdiction, expressed his wholehearted welcome to the judgement. He stated that he is pleased that his standpoint has been accepted. In a statement, he also stated that four judgements have taken the jurisprudence of our nation and the intellectual exercise that went into writing the judgements to a whole new level. He further added that very few courts in the world are capable of delivering such a high level of intellectual and scholarly judicial exercise. This judgement would be of interest across jurisdictions.
DOES THE LGBTQ COMMUNITY HAVE A HIGHER RATE OF ADDICTION?
Studies have revealed that adults in the LGBTQ community have a higher tendency towards addiction compared to their heterosexual counterparts. According to a 2018 National Survey on Drug Use and Health, more than 37.6% of LGBTQ adults used marijuana in the past year, compared to 16.2% of the general adult population. The same study shows LGBTQ individuals are more likely to use opioids than heterosexual, with around 9% of LGBTQ adults reporting opioid drug use, compared to 3% to their heterosexual counterparts. Additionally, approximately 12.4% of LGBTQ adults reported alcohol consumption compared to 10.1% if the overall population.
CONCLUSION
The article on LGBTQ topics valuable insights into the challenges and progress made by the LGBTQ community. They shed light on the discrimination and prejudice faced by LGBTQ individuals, as well as the efforts made to promote equality and acceptance. The article also provides the importance of education and awareness in creating a more inclusive society. Overall, the article serves as a powerful reminder of the ongoing struggle for LGBTQ rights and the need for continued support and advocacy. This article emphasizes the importance of educating individuals about LGBTQ identities, experiences, and the history of the LGBTQ rights movement. They highlight the significance of creating safe spaces and promoting LGBTQ- inclusive policies in schools, workplaces, and communities. Moreover, the article highlights the progress that has been made in promoting LGBTQ rights and equality. They discuss the legal advancements, such as the legalization of same-sex marriage in many countries, as well as the increasing recognition and protection of LGBTQ rights in various phases of life. The article celebrates the victories and milestones achieved by the LGBTQ community, providing hope and inspiration for further progress.
