Where Does Govt Stand On 'Section 377' Is It Time To Decriminalise Gay Sex

  • 6 years ago
“Whoever voluntarily has carnal Inter¬Course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with Impris-Onment of either description for a term which may extend to ten years, and shall also be liable to fine.” This dear viewers is the archaic British law that dates back to 1861 and criminalises sexual activities against the order of nature. Incidentally, last year marked the 50th anniversary of the uk repealing this odious law. India, unfortunately, continues to uphold it. At a time when around the world are adopting progressive legislation of same-sex marriage, India’s refusal – on the basis of an outdated ‘moral’ framework – to decriminalise consensual sexual acts and relationships between adults is most certainly a blot on the republic. And the Supreme Court which has begun hearing a clutch of petitions challenging its earlier 2013 order will only be deciding on the constitutional validity of section 377 and not on any larger issue of rights of LGBT community and conjugal rights. But it’s the ambivalent stand of the government that needs greater debate. Is the Supreme Court on the cusp of creating history? And is there politics behind government’s stance? And above all will there be a finality to what has been a very long pending demand of one community?

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