WHAT IS SECTION 377 - SUPREME COURT ENDS IPC SECTION 377

WHAT IS SECTION 377?


The section holds that whoever, voluntarily, has carnal intercourse against the order of nature with any man, woman or animal, commits an unnatural offence.

A person found guilty, under Section 377, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

Section 377 existed ever since the Indian Penal Code came into existence in 1860.

 HISTORIC DECISION BY SUPREME COURT

 India joins 125 nations where homosexuality is legal.

However, 72 countries and territories worldwide still continue to criminalize same-sex relationships.

A Five Judge Constitution Bench of the Supreme Court on September 6, 2018 decriminalized Section 377 of the Indian Penal Code (IPC) by partially striking down some of its provisions, this providing boost to the LGBTQ community of India.

 However, bestiality will continue as an offence. Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC.

 Image result for SUPREME COURT ENDS IPC SECTION 377

 The judgement is based on the interpretation of Article 14 (Right to Equality); Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth); Article 19 (Freedom of Speech and Expression); and Article 21 (Right to Life and Right to Privacy) of the Indian Constitution.

HOW ALL THIS STARTED ? 

 Petition is filed by "Navtej Singh Johar"
 
The lead petitions were filed by Bharatnatyam dancer Navtej Singh Johar; chef Ritu Dalmia; business executive Ayesha Kapur; hoteliers Aman Nath and Keshav Suri; journalist Sunil Mehra, activist Harish Iyer and a group of IIT alumni.

The petitioners contend that the continued existence of section 377 severely curtails the protection of equality, dignity, liberty and expression that the Constitution guarantees to all Indian citizens.

LGBT RIGHTS BY COUNTRY OR TERRITORY 

 Below Map Shows the List of Countries, where same sex is allowed, where same sex can even do marriage. Where It's death penalty, where it's imprisonment.

Image result for LGBT RIGHTS BY COUNTRY 

In India - Though Section 377 is unconstitutional, But they can't do marriage.

 LGBTQ?

  • Lesbian - Woman with Woman.
  • Gay - Man with Man.
  • Bisexual - Both Man & Woman.
  • Transgender - A person which is male or female by birth but they himself/herself assume as a opposite gender later on (example - CAITLYN JENNER) - photo below (He was a famous athlete and win so many medals and later on he told he is transgender female ).

    "Hijra" Term is different from Trangender. Hijra basically those who removed their private parts. But In India we considered Hijra as a Transgender - But in western nations Transgender terminology is bit different. This Hijra term only in India.
  •  Queer - An Individual falls outside the categories of man or woman.






Image result for CAITLYN jenner transgender 

TIMELINE OF VERDICT

  • 2001 - PIL Filed by Naj Foundation in Delhi High Court.
  • 2009 - Delhi HC decriminalize homosexuality.
  • 2009-2012 - Religious Groups, individuals challenge SC's Decriminalize verdict. 
  • 2013 - Supreme court Leave matter for Parliament to decide.
  • 2015 - Shashi Throor represent Private Bill to decriminalize homosexuality.  But Lok Sabha votes against it.
  • 2018 - SC reconsider 2013 ruling and sends to larger bench.
  • Sep,6,2018 - Supreme Court decriminalize homosexuality.

The verdict is being cheered by millions across the country, far beyond the gay community, which has fought for decades for the right to be treated equally.
 
For more information, you can access below links:

https://timesofindia.indiatimes.com/india/gay-sex-is-not-a-crime-says-supreme-court-in-historic-judgement/articleshow/65695172.cms 

https://www.ndtv.com/india-news/homosexuality-no-longer-a-crime-in-india-supreme-court-ends-controversial-section-377-1912202 

Above Information is as per data available in news till the date when I am posting this.
For Other Topics visit - http://learn2ogether.blogspot.com/ 

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