LGBTQ-Section-377

LGBTQ-Section-377
LGBTQ-Section-377

Section-377
Section-377 is a section under IPC (Indian Penal Code) which was introduced by the British in 1861. The British had criminalises sexual activities against the order of nature with any man , woman or animal . It means that if a person of same sex found to have sexual intercourse are liable to pay fine or may get imprisonment which may extend up to 10 years.Section-377 of IPC is found to be violating the fundamental rights of Article 14,15 and  Article 21.

Recently the 5-Judge Constitutional Bench led by Chief justice Deepak Mishra comprises four other judges declares Section-377 as irrational ,indefensible and manifestly arbitrary.The Supreme court has decriminalised Section-377.
The Section-377 discriminates against a minority solely for their natural orientation.It violates  the rights of the LGBT community to equal citizenship and equal protection of laws . The court held that bodily autonomy is individualistic. The choice of partner is a part of the fundamental right to privacy.

Navtej Singh Johar versus Union of India is a landmark decision of the Supreme Court that has decriminalised all the consensual sex among adults in private including Homosexual sex. Certain portion of Section-377 relating to sex with the minors, non-consensual sexual acts and bestiality remain in force.
Previously the verdict  given by the two bench judge was against LGBT community but this time supreme court  with the five constitutional bench of judgement made it possible for the LGBT community to have the fundamental rights which they are previously deprived from.



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LGBTQ-Section-377 LGBTQ-Section-377 Reviewed by Admin on 9/11/2018 Rating: 5

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