Justice Malhotra makes a case against Sec. 377

Justice Malhotra makes a case against Sec. 377

News:

1. According to the Supreme Court, consensual gay sex may once again be decriminalized.

Important facts:

2. The Constitutional Bench of the Supreme Court hearing the fight against section 377 of IPC, made a strong case against criminalization of homosexuality.

3. Justice Indu Malhota, lone woman judge on the Bench made following observations:

• Justice Malhotra, said homosexuality is only a variation and not an aberration.
• The prejudice and stigma piled on the LGBTQ (lesbian, gay, bisexual, transgender and queer) community don’t get proper medical aid because of the “prejudices” against them.
• Justice Malhotra spoke of the pressure on homosexual people from within the home. They succumb to marry the opposite sex, leading to life of mental trauma and bi-sexuality.
• The judge spoke of how homosexuality is not against the order of nature and nature itself.
• She also said ancient texts say “prakriti and vikriti go together”.

5.Chief Justice Misra said stigma is the root cause of suffering for the community.

6. Justice D.Y. Chandrachud expressed the hope that social stigma vanish if Section 377 is struck down by the court.

7. The Judge said Section 377 creates an environment which is conducive for discrimination of individuals on the ground of their sexuality.

8. Arguments in favour for decriminization of Section 377:

• Right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Article 14, 15 and 21 of the Constitution.
• Article 14( Equality before law) The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birt
• Article 15- The Constitution of India deals with Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 21: (Protection of life and personal liberty): No person shall be deprived of his life or personal liberty except according to procedure established by law. The Article prohibits the deprivation of the above rights except according to a procedure established by law.

9. The court said that “By treating it as illegal, there are several ramifications for society”. Some of the ramifications are given below:

• It may lead to demands to legalise same sex marriages and inheritance by survivorship among gay partners.