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Section 377 repealed

The constitution of India is highest authority in country , adopted by our country in 1950.The constitution lays down structure of country ,procedure ,the fundamental and duties of citizens along with the principles.

With time, some of the section which violates fundamental rights are being repealed and one of the major section which is repealed is “section 377”. But before knowing why it was repealed we should know what section 377 talks about.

Section 377 unnatural offences:

Whoever voluntarily has carnal intercourse against the order of nature with any man ,woman or animal shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years or shall be liable to fine(1).

But the law violates Article 14 of The Constitution, which guarantee all people "equality before law " Article 15 which prohibits discrimination "on grounds of religion, race, caste, sex and place of birth " and Article 21 which guarantees "protection of life and personal liberty".

Section 377 was introduced in the year 1861 during the British rule of India. The issue of section 377 was first raised by NGO Naaz Foundation, which had in 2001 approached the Delhi high court which had decriminalized sex between consenting adults of same gender by holding the penal provisions as illegal . 2009 judgement of the high court was overturned on 2013 by the apex court and in 2018 it was repealed by supreme court of India.

What problems homosexual face in our country?

It was like if any two man are having sex in their privacy of home can be sentence to rigorous imprisonment.

It is more like untouchable it would take a lot of time to accept them . They denied get jobs and education, kicked out of house , physical violence , bullying and blackmail and one of the major problem that they are being called chakka like it mean nothing.

But for giving them a stand in society, for making them equal in society like the other genders

In the case Naaz Foundation Vs Union of India a bench consisting of consisting of chief justice Dipak Mishra and justice DY Chandrachud, AM khanwilkar , Industry Malhotra, Rohinton Fali Nariman began hearing petition against petition against section 377 of Indian penal code in July 2018 on sept.06 , in a unanimous verdict, the court ruled that homosexuality is no longer a crime in India and the members of LGBT community have the same sexual rights as any other citizens.(2)

After repealing section 377 the situation is far better now A person is born with his or her sexual preference. It is not something a person holds control over. While the constitution provides the right and safeguards the individuality of each and every being of this country, dissolving article 377 was a breakthrough in restoring the faith of such individuals in the constitution.

It is a myth that LGBTQ community exists as a result of foreign culture invasion. Transgender as a community marks its existence way before the constitution was laid down.

End-Notes

  1. Section 377 Indian penal code 1860.
  2. From the article by Marie Thomas qz.com

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