Is Section 377 of the Indian Penal Code will END ? - Aware India

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Thursday, October 25, 2018

Is Section 377 of the Indian Penal Code will END ?

Is Section 377 of the Indian Penal Code will END?

Now section 377 of the Indian Penal Code will no longer apply to consensual sexual relations among adults in private. 

The Supreme Court has finally upheld the right of every human being to be free, regardless of sexual orientation or identity.
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India now joins a proud league of nations that recognizes true freedom of gender identity and sexual expression. Naz Foundation, a non-governmental organization (NGO) fighting for gay rights.

After first being dismissed, returning to H.C and Thoughtless Judgment NAZ filed a curative petition, arguing that the decision wrongly held that a "minuscule fraction of population cannot claim fundamental rights".

In 2017, in 'Justice Puttaswamy vs Union of India', a Constitution bench of the Supreme Court held that privacy is a fundamental right. Justice Chandrachud, in particular, called out the Section 377 decision as being "unsustainable", noting that the "right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution". This bench did not outrightly declare Section 377 to be unconstitutional.

No kind of prejudice and discrimination can continue in perpetuity. Section 377 was introduced in Indian criminal law in furtherance of western notions of morality, based on Abrahamic ideologies. At the time of its introduction, limited consideration was given to a contradictory morality that existed in the subcontinent, which acknowledged and recognized homosexuality, and did not criminalize it. Even as the UK and other jurisdictions abandoned it for a more reasoned position of homosexuality be ...

Throughout this process, laws lose value if they are not abandoned, rewritten, or amended, to suit changing social, cultural, and economic needs. Indian Justice ways to International law strictly prohibits any discrimination on the grounds of sexual orientation or gender identity. The Target populations have been psychologically scarred, subjected to violence and discrimination, not just at the hands of the police and enforcement authorities, but also society at large.

It’s just not only the dawn of a new era. But true and complete freedom is yet to be achieved. We can say that we have won freedom, fully, only when everyone, all over India, genuinely and whole-heartedly, believes that no person is 'different'.

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