What is Section 377 of the Indian Penal Code
The supreme court has delivered a verdict on article 377 of Indian penal code (IPC) which has drafted in the constitution at the time of British rule in 1861 against homosexuality.
This Article consists of punishment and imprisonment against crime related to sex. But this article also hinder the LGBT community to develop or have any sexual relations.
Now here it is everything which you should know about Article 377 and issue related to this.
What is article 377?
Article 377 criminalizes homosexuality which came into force at the time of British rule in 1861. It is used to criminalize sexual activities “against the order of nature”. Whoever voluntarily maintain a sexual relationship with the same sex, he/she is doing crime according to article 377 of chapter XIV of Indian constitution. LGBT community has been affected by this article for a long period of time.
What is LGBT?
LGBT- lesbian, gay, bisexual and transgender. LGBT community beginning in the mid-to-late 1980s. activists believed that the term gay community did not accurately represent all those to whom it referred.
What is an issue?
The issue is that in 2009 the Delhi high Court described section 377 as a violation of the fundamental rights given by the Indian constitution, it is the violation of article 21 (right to life). After this, the religious group moved to the Supreme court for a direction against the verdict.
In 2013, apex court overruled the Delhi high court ‘s order and reinforced criminalization of homosexuality stating that parliament ’s job was to scrap laws. This Judgement by the Supreme court was highly criticized by the LGBT community in India as it is also the violation of human rights.
In January 2018, the apex court re-consider the verdict of 377 after faced the criticism from the LGBT community. The constitutional bench of five judges led by the chief justice of India Deepak Mishra.
CJI Deepak Mishra had further observed, “earlier decision of the apex court in 2017 requires to be reconsidered because of the constitutional issue involved. On 6 Sep 2018, the court ruled unanimously in Matej Singh Johar v. that union of India section 377 was unconstitutional. LGBT community has also comprised of people they also have right to life and can live life according to them, why they live in fear, this decision of scrapping section 377 is in favor of LGBT community and they can also enjoy their fundamental rights as they also people of India.
What has remained the same in article 377?
Imprisonment of 10 years for a person who found guilty of having sexual relationships with animals.
Detainment of 10 years for a man will be found guilty of having a relationship with a minor.
Imprisonment for forced sex with minor, homosexual and any other also come in this article.
All homosexual relationships are come under the category of crime according to this article so far. But this article has been scrapped now for those homosexual persons who want sexual relationship voluntarily.