Essay On Section 377 of Indian Penal Code In English In the year 1861, Section 377 was first added to the Indian Penal Code. Sexual behaviours that were “outside the order of nature” were prohibited by the statute. While the Supreme Court of India lifted the prohibition on homosexual adults engaging in consensual sex in September 2018, other provisions of Section 377 remain in effect.
Essay On Section 377 of Indian Penal Code In English
Essay On Section 377 of Indian Penal Code In English (100 Words)
Section 377 Unjust and Inhumane Practices
A five-judge bench was eventually established. Numerous petitions that alleged Section 377 violated the fundamental rights of the LGBT community, including the right to privacy and the right to live a decent life, were addressed. Then everyone agreed that this community deserves to be treated with respect and dignity.
Revisions to Section 377 resulted in the decriminalisation of homosexuality. Consensual adult gay sex will no longer be regarded as a criminal, the Supreme Court ruled. In support of its ruling, the court noted that sexual orientation is a natural occurrence over which people have no influence. For those who are a part of the LGBT community, this news was a welcome relief.
Essay On Section 377 of Indian Penal Code In English (200 Words)
During British Rule in India in the late 19th century, Section 377 of the Indian Penal Code became operative. At one point, a comparable act was in place in Britain. Henry VIII’s reign saw the passage of the Buggery Act of 1533 in the English Parliament. The law made it illegal to engage in unnatural sexual behaviour against God’s will. The British introduced Section 377, which applied in the same way.
The legislation had the power to suit anyone who engaged in bestiality, non-consensual sexual activities, sex with minors, or sexual activity between individuals of the same sex, all of which were considered illegal under Section 377. Many people spoke up in opposition to this law. Petitions to partially amend Section 377 have been submitted. On September 6, 2018, the Supreme Court approved the long-debated legalisation of homosexual adults having consensual sex.
The Lesbian, Gay, Bisexual, and Transgender (LGBT) community greeted the news with delight and excitement. They rejoiced in their newfound independence all around the nation. Many well-known political figures and well-known Bollywood stars spoke out in favour of the Supreme Court’s ruling. However, some organisations vehemently disagreed with the court’s ruling. They claimed it violated Indian culture and would devastate our community.
Essay On Section 377 of Indian Penal Code In English (300 Words)
According to Section 377, homosexuality is against the law and is unnatural. The same was stated for sexual activity with minors, bestiality, and extramarital affairs. Since the implementation of Section 377, LGBT people in India have experienced ongoing stress and hopelessness. Numerous requests were made to change the section that made homosexuality a crime.
Bhedbhav Virodhi Andolan for AIDS
The AIDS Bhedbhav Virodhi Andolan filed a petition in 1994 to partially repeal Section 377. The petition in question was the first one to be submitted.
Trust Naz Foundation (India)
An action was brought in 2001 by the non-governmental Naz Foundation before the Delhi High Court. Allowing homosexual adults to engage in consenting sexual activity was argued. The court, though, declined to take it into account. Then, Naz Foundation wrote to the Indian Supreme Court. The Delhi High Court was instructed to revisit the case.
Johar, Navtej Singh
A well-known Bharatnatyam choreographer is Navtej Singh Johar. In a petition against Section 377, he and his lover Sunil Mehra also participated. He asserted that this Section went against the Indian Constitution by violating the right to personal liberty. The same ideas were reiterated by Sunil Mehra. He argued that the ability to express one’s identity must be granted to Indian citizens.
Ritu D. Dalmia
Ritu Dalmia, the proprietor of the restaurant chain Diva in Delhi, also filed a case opposing Section 377. She chose to fight for the fundamental rights of those who identify as LGBT since she is a lesbian.
The well-known architectural restorer Aman Nath, who runs the Neemrana hotel chain, spoke out against the discriminatory law against the LGBT community. For more than two decades, he was married to Francis Wacziarg, his business partner.
Ayesha Kapur, a former child star who is now successful in the food and beverage sector, also championed gay rights to advance the status of the LGBT population in society.
Essay On Section 377 of Indian Penal Code In English (400 Words)
According to Section 377 of the Indian Penal Code, unnatural sexual practises, such as homosexual intercourse, sex with minors, bestiality, and non-consensual sexual acts, are prohibited and hence subject to legal penalties. Although many argued that the prohibition of consensual sex between homosexual adults isn’t corrected, those engaging in sex with minors, bestiality, and non-consensual sexual actions should unquestionably be punished. There have been objections to changing Section 377. The decriminalisation of homosexuality was finally decided by the Indian Supreme Court. The choice was made on September 6, 2018.
consequences for mental health
Psychologists and medical professionals concurred that the Lesbian, Gay, Bisexual, and Transgender (LGBT) community’s mental health suffered as a result of the application of Section 377. They endured social stigma and were unable to speak freely. They endured a constant worry of discrimination and judgement. As a result, several of them killed themselves, while others endured mental anguish. Before Section 377 of the Indian Constitution was revised, the LGBT community in India experienced the following mental health issues:
Many people in this community could not stand the ongoing denigration and disdain they received from the so-called “normal” segment of society. Many others repressed their emotions out of concern for being labelled as an outcast. This frequently resulted in social isolation and a great deal of stress, which made these folks depressed.
They were viewed as less human by their relatives, coworkers, and neighbours. These folks had a hard time adjusting to a society that continuously looked down on them and condemned them.
Issues in Relationships
In our society, many lesbians and gays were compelled to wed heterosexual partners. Even though it turned out to be absolute misery for them, they did it out of a desire to uphold the honour of their family and carry on its legacy. This choice had a negative effect on their relationships as well as on their own minds. They frequently experienced permanently damaged relationships.
The LGBT community has endured a great deal of mental suffering. For some in this community, the decriminalisation of homosexuality has provided some relief because their fear of being discovered has lessened somewhat. The attitude of society about them hasn’t altered much, despite the Supreme Court of India’s acceptance that it is perfectly normal and natural for them to feel the way they do and that they have the full right to pick their mate. They are attempting to establish themselves in a culture where they are still widely mocked.
Essay On Section 377 of Indian Penal Code In English (500 Words)
Even though those who experienced sexual attraction towards the same sex claimed it was normal for them to feel that way and that they could not feel any other way, Section 377 of the Indian Penal Code criminalised homosexuality. Because Section 377 has been strictly enforced in our society, homosexuals have had to deal with constant stress. Transgender people have also endured stigma. Both employment and education in the nation have been denied to them.
An appeal was submitted to the Indian Supreme Court to legalise homosexuality so that this group of people might also live in harmony and with respect. In September 2018, it was eventually heard and taken into account.
Call for Legalization of Homosexuality
The Delhi High Court invalidated portions of Section 377 that dealt with gay sex in 2009. However, in the Suresh Kumar Koushal v. Naz Foundation case, the Supreme Court of India overruled this decision in December 2013.
The Supreme Court stated that it was not their responsibility to alter the Section. The Parliament should be consulted before approving the same. On February 6, 2016, a three-person bench reviewed the petition brought by the Naz Foundation. It was determined that a five member constitutional bench will review this petition as well as any others submitted in this context. Chief Justice Dipak Misra and his group of justices made up the five-person bench assembled for the same. Justices RF Nariman, AM Khanwilkar, Indu Malhotra, and DY Chandrachud were among them.
Verdict of the Supreme Court, September 2018
In August 2017, the Supreme Court upheld the right to privacy as a basic freedom. The LGBT (Lesbians, Gays, Bisexuals, and Transgender) group has unrestricted access to the right to sexual orientation protection, according to the court. The arguments for decriminalising homosexuality were believed to be true. They were purportedly established on the constitutional doctrine itself.
The Supreme Court of India declared on September 6, 2018, that Section 377’s provision making consenting homosexual adults a criminal offence is unfair and unconstitutional. The same was made legal. This decision set a precedent. The LGBT community received the news as a breath of fresh air. It was an appeal to remove prejudice toward lesbians, gays, bisexuals, and transgender people and to create a better society for them.
The announcement was welcomed with great joy by the LGBT community. All around the nation, people celebrated. Many people from our neighbourhood spoke out to say how pleased they were with the choice.
A portion of Section 377 is still in effect.
The portion of Section 377 that classified bestiality, having sex with minors, and having sex outside of consensual relations as crimes is still in effect. All of these behaviours remain categorically criminal in nature and continue to be subject to legal sanctions. Anyone who engages in the same would be subject to harsh penalty, which might include serving time in prison and paying a hefty fine.
The purpose of this section of Section 377 is to protect society from coerced and unnatural sexual acts.
A large segment of the Indian population applauded the Supreme Court’s decision to repeal the homosexuality-criminalizing portion of Section 377.