Section 377 is news these days. It is top trending news on social, print and electronic media. Because the apex Supreme Court of India began hearing petitions challenging Section 377 of IPC (Indian Penal Code).
Section 377 criminalises homosexuality. It 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.” This law exists in IPC dates back to 1861. Civil Society groups and advocacy organisations have been fighting against this law.
In 2009, Delhi Hight gave a landmark judgement described this law against violation of the fundamental rights guaranteed by the Indian constitution. Religious groups, however, have been opposing this and following the same groups moved to the Supreme Court. The SC overruled the Delhi High Court’s order and restored the validity of Section 377 again. Right based groups protested against this judgment.
In January 2018, the SC said a larger group of judges would reconsider the previous judgement and examine Section 377 in reference to Indian Constitution. It also said that it would look into the petitions filed related to this Section. It is speculated that this law might annul this time because many of the progressive countries across the world have recognised such a relationship and gave a legal sanctioned.
The present government in the centre of Bhartiya Junta Party (BJP) party drawing support base from a majority Hindu religious group have however said that it would not oppose the decision of the SC court. But eminent leader Subramanian Swamy belonging to BJP has made a critical remark and gave support to the existence of Section 377:
#EXCLUSIVE — There is no such thing as sexual preferences. There is only sex between a man and a woman because we recognise this natural. The genetic flaw makes them being attracted to the same sex: BJP MP @swamy39 tells @bhupendrachaube #HomosexualityDebate #Viewpoint pic.twitter.com/21tRqK0wI0
— News18 (@CNNnews18) July 11, 2018
The right-based activist group expects this time the Supreme Court could make a significant amendment in Section 377 to make it stand legally in line with the Indian Constitution.
