SECTION 377 IPC

The fundamental tenet that all people are created equal forms the basis of the human rights concept. Penalizing someone for their sexual preferences is a heinous injustice at a time when global revolutions for equality are taking place all over the world. Until 2018, India was among the nations that criminalized homosexuality and subjected members of the LGBT (Lesbian, Gay, Bisexual, and Transgender) community to abuse and torture.

On September 7, 2018, all consensual sex between adults, including homosexual relationships, was decriminalized due to a historic ruling rendered by the constitutional bench, which included notable judges like D.Y. Chandrachud, Dipak Mishra, and Indu Malhotra.

Section 377 IPC: About

According to Section 377 of the Indian Penal Code, anyone who willingly engages in carnal relations with a man, woman, or animal in violation of the natural order faces consequences.

• This was a law from the colonial era that went against contemporary ideas of justice and equality for all people. Private, consensual homosexual sex between adults was also made illegal by Section 377.
  
• Under Sec 377 IPC , even some heterosexual behaviours deemed to be “against the order of nature” are crimes.
• In 2018, the Supreme Court declared that it was unreasonable, capricious, and unjustified to apply this Section against consenting adult homosexuality.
  
• Following the decision, only non-consensual sexual acts, sex with minors, and bestiality are covered by sec 377 ipc. These offenses remain illegal.

section 377 removed: Arguments framed by the Parties

Arguments in Favour of section 377 ipc removal:

• A segment of society was criminalized by sec 377ipc for belonging to a sexual minority. The petitioners contended that human dignity depended on freedom, autonomy, and right to sexuality.
  
• Criminalizing homosexuality breeds prejudice and makes it difficult or impossible for LGBTQ individuals to receive necessary medical care. Additionally, it makes HIV prevention, testing, and treatment services less accessible and difficult to obtain.
  
• Many contended that the law, which viewed everyone equally, need not forbid what was prohibited by conventional morality and the majority of religions.

Arguments against section 377 ipc removal:

• There were some groups that opposed this section’s removal.
  
• Numerous religious organizations and denominations opposed it, claiming that homosexuality violated both religious morality and God.
  
• Another argument against repealing the Section was that it would encourage the spread of diseases like AIDS and create a health risk for the nation.

section 377 removed: Judgment

• The Delhi High Court heard a challenge to the constitutional validity of Section 377 of the IPC in the case of Naz Foundation v Government of Delhi & Ors.
  
• In this case, it was claimed that by hiding the private, consensual sexual activity between two adults, Section 377 of the IPC violates the fundamental rights guaranteed by Articles 14, 15, 19, and 21 of the Constitution. Later on, this petition was rejected because it could not be sustained.
  
• LGBTQ activists filed five petitions with the Supreme Court in 2016, claiming that Section 377 of the IPC violated their rights to privacy, life, and sexual autonomy as guaranteed by Part III of the Constitution.
  
• In 2013, the Delhi High Court, which had decriminalized same-sex relationships in 2009, brought them back under scrutiny. On July 10, 2018, the five-judge panel of the highest court, however, made it clear that it would only hear new petitions and would not consider curative petitions.

Section 377 Removed: When it was Removed?

In the landmark ruling of Navtej Singh Johar v Union of India in the year 2018, the Supreme Court of India decriminalized Section 377 to the extent that it criminalized consenting to sexual relationships between individuals of the same sex.

Section 377 removed: Road Ahead

• Even though the ruling significantly lessens the stigma associated with the LGBT community, prejudice and discrimination are still pervasive in society and call for a multifaceted response.
  
• Anti-discrimination laws that facilitate the LGBT community’s ability to lead fulfilling lives and relationships, irrespective of their gender identity or sexual orientation, are essential.
  
• A written anti-discrimination law that penalizes those who treat LGBTQ+ people unfairly is also necessary. By doing this, they will be guaranteed protection under Article 15 and won’t have to fight for equal opportunities at work.

The removal of Section 377 of the IPC and the ensuing decriminalization of homosexuality are major victories for the LGBTQ community in India. Additionally, it eases the lives of sexual minorities and moves India closer to attaining equality for all social classes. If we want complete equality in India, we have to accept that both genders are equal, and the transgender movement is helping us get there. If someone’s rights are violated, they can use an online lawyer to seek legal recourse.

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