Section 377 of the Indian Penal Code deals with unnatural sexual offences. Section 377 states: 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 ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
Section 377 was introduced during the British rule in India and it criminalizes all forms of homosexual relations which are considered to be 'against the order of nature'. Infringing the right of privacy, the section criminalizes the consensual relationship and treats a person with a different sexual orientation as an offender. The section further clubs together homosexuality with bestiality.
In the case of Naz Foundation vs Government of NCT of Delhi, the Delhi High Court in 2009, declared the part of the section dealing with consensual homosexual relations as unconstitutional and decriminalized homosexuality. However, the Supreme Court overturned this ruling in 2013 and criminalized homosexuality again and said it is unto the legislature to decide about the matter. The act of criminalizing homosexuality goes against the constitutional principles of equality before law and non-discrimination. The Supreme Court also did not consider the fact that criminalizing homosexuality infringes the right of privacy of consenting adults. Since then, the Lok Sabha has voted against the private member's bill to decriminalize homosexuality.
Often the objection raised against the rights of the LGBT community stem with claims that homosexuality leads to pedophilia, which are baseless. The rights of homosexuals concern with the basic human rights of the people with a different sexual preference. The issue is of decriminalizing the sexual act between consenting adults and not the acts of pedophilia. Decriminalizing homosexuality does not decriminalize pedophilia. The protection of children from sexual offenses is important and a distinct issue, however, criminalizing homosexual relations between consenting adults is discriminative and violative of the principles of equality and infringe upon their privacy.
Section 377 was introduced during the British rule in India and it criminalizes all forms of homosexual relations which are considered to be 'against the order of nature'. Infringing the right of privacy, the section criminalizes the consensual relationship and treats a person with a different sexual orientation as an offender. The section further clubs together homosexuality with bestiality.
In the case of Naz Foundation vs Government of NCT of Delhi, the Delhi High Court in 2009, declared the part of the section dealing with consensual homosexual relations as unconstitutional and decriminalized homosexuality. However, the Supreme Court overturned this ruling in 2013 and criminalized homosexuality again and said it is unto the legislature to decide about the matter. The act of criminalizing homosexuality goes against the constitutional principles of equality before law and non-discrimination. The Supreme Court also did not consider the fact that criminalizing homosexuality infringes the right of privacy of consenting adults. Since then, the Lok Sabha has voted against the private member's bill to decriminalize homosexuality.
Often the objection raised against the rights of the LGBT community stem with claims that homosexuality leads to pedophilia, which are baseless. The rights of homosexuals concern with the basic human rights of the people with a different sexual preference. The issue is of decriminalizing the sexual act between consenting adults and not the acts of pedophilia. Decriminalizing homosexuality does not decriminalize pedophilia. The protection of children from sexual offenses is important and a distinct issue, however, criminalizing homosexual relations between consenting adults is discriminative and violative of the principles of equality and infringe upon their privacy.
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