The Supreme Court is hearing petitions regarding the section 377 Indian Penal Code which criminalises homosexuality in the country. On Monday, the centre had tried to defer the hearing because they wanted more , but the Five bench court refused the request. The bench is headed by Chief Justice of India Dipak Misra, and includes Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. The controversial Section 377 refers to Homosexuality as a criminal offence, and elaborates, 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.
The Petitioners have argued that section 377 was the result of 1860s Victorian era morality, and pressed that as society has changed, so to should the views and values of people. It was moral to see Homosexuality in Victorian days, but today it is not realistic to condemn people because of their sexual preferences.
The implication of Section 377 has led to hostility toward the minority of Homosexual public in the country, which has caused them much pain and suffering from the hands of people. The LGBTQ community has been struggling to get their rights and freedom to express their sexuality without being jailed or lynched for their natural tendencies.