SC decriminalises homosexuality

SC decriminalises homosexuality

1. News

•  A five judge constitution bench of Supreme Court decriminalized homosexuality and declared section 377 of IPC as unconstitutional.
• However bestiality and unconsenting sex will remain a punishable offence.

2. What is section 377

Section 377 states “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.

3. JUDGEMENT OVERVIEW

• Recently in NAVTEJ SINGH JOHAR CASE AND OTHERS VS UNION OF INDIA Supreme Court decriminalized sex between consenting adults of the same gender.

Constitutional rights

• Fundamental rights under article 14, 15, and 21 fully apply to LGBTQ community
• LGBT community is entitled to equal treatment, no discrimination, and full protection of law.
• Court invokes the doctrine of non-retrogression, which means that once a right is recognized, it cannot be reversed.
• It set aside religious opposition to the expansion of human rights

4. Individual vs majoritarian

LGBTQ community possesses equal rights like others, Majoritarian views and morality can’t be forced upon minority.

It liberated the idea of individual rights from the pressure of public opinion.

Section 377 is irrational, indefensible and arbitrary.

5. Right to privacy

The right to privacy as part of right to life applies fully to LGBTQ community.

Choice of partner is part of the fundamental right to privacy

6. Natural order

• The verdict noted that homosexuality was documented in 1,500 species and was not unique to humans.
• Bestiality (sexual intercourse between a person and an animal) will continue to be an offence under provision of IPC 1860

7. Implication of the judgment

LGBTQ judgement is a, first step in the direction to improve social exclusion, identity crisis and isolation from mainstream.

It restores the equality before the law of all sexual orientations and identities

8. Challenges

Societal acceptance of LGBT community.

• Decriminalization of Section 377 will open new debates on marriage, adoption, inheritance and other such rights.
• Equal opportunity in employment, services and education.
• Protest by religious movement against the decision, example Muslims of Kerala are protesting against the SC decision.

9. Government

• Government of India shall take all measures to ensure this judgment is given wide publicity through television, print and online media and above all, government official should be sensitized.