India

Section 377, Centre issues affidavit, the decision rests with Supreme Court to decriminalize gay sex or not

Section 377, Centre issues affidavit, the decision rests with Supreme Court to decriminalize gay sex or not
Written by Abhishek Rana

The Government has submitted an affidavit to the Supreme Court, clarifying its stance on the matter of Decriminalizing of Section 377, according to which Homosexual sex is a criminal offense. The Centre has said that if the apex court decides that ‘consensual acts of adults in private’ is not criminal, then it won’t have any further issues with the judgement. If the Section 377, which has existed since the Victorian era, and Pre-Independence in India, is abolished, it is going to be an immense victory for the LGBTQ community, who have been stigmatized by the society and have struggled to find acceptance even within their family.

Chief Justice Dipak Misra has said that the bench, which involves four other judges is only going to give judgement on the Section 377 case, and the civil rights topic is going to be discussed later. The Supreme Court had, in 2013, overturned the decision of the High Court to scrap the Section 377, but has now decided to explore the situation again, as the voices for the LGBTQ community have also risen to protect their rights, and freedom to express themselves.

Section 377 deems sex with the same gender, a crime against the nature, and the accused can be jailed and faces fine for his or her supposed transgressions. As the world has become more and more aware of the plight of the LGBTQ community, countries have grown open toward accepting them. And, Indian, one of the biggest countries in the world, could be another example of incivility for all people in its land. Contrary of what people believe, Homosexuality is not a mental disorder or a disease, as it was often believed when the section 377 was introduced, so its time to abolish and move, because only through it are we going to develop a nation and leave regressive thinking back.

About the author

Abhishek Rana

Since my early childhood, I’ve loved writing, watching movies and having an opinion. Now, I do it professionally. Always looking for new ways to challenge myself.

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