Delhi High Court legalizes homosexuality says 377 of IPC against Article 21
Section 377 or article 377 of IPC has been in much of the debate for last 1 week. Today in a historic judgement, the Delhi High Court decriminalized homosexuality by reading down section 377 of the Indian Penal Code.
Section 377, a law from the British Raj era, says homosexuality and “unnatural sex” is a criminal act.
Bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law.
Court said that in their view Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconception of who the LGBTs (lesbian gay bisexual transgender) are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual. Court has given a 105-page judgement regarding this.
The court said that this judgement will hold till Parliament chooses to amend the law.
It may be recalled that last week when the Govenment has indicated that it is thinling of removing 377 there was a lot of hue and cry from religious sections. If the judgment serves the purpose of decriminalizing homosexuality, the government will be spared the burden of amending a provision laden with religious and cultural sensitivities.
Tags: 377, 377 IPC, Gay activism, Gay rights, high courtRelated posts
Posted in: Art & Culture, Government, Law, Religion
Comments • comment feed
Culture changes with time . No one can stop a culture from changing.It evolves and strengthens with time. Homosexuality is not against any culture. It is our short comings ,selfishness and hypocrisy that we dont look beyond our own needs and orientation. Science has proved that homosexuality is not a preference but an orientation. Homosexuality exists in animals too. Who decides what’s natural and unnatural? When what we do has been named as natural by us , we do not have any right to call what others do different as unnatural. Homosexuality is as old as the existance of man. No one can suppress the truth. It can only be delayed by resistance and non-acceptance. We need to look around and help others to be their true selves. In India most homosexuals live a dual life. They marry and have kids and live a life of lie till they die. We have such people in our family and our neighborhood. We should look beyond ourselves and help others lead a life of truth. Be a human in the true sense of the word.
July 2nd, 2009
If a law is not enforced for decades, it is an insult to the law. Article 377 is one such example. Repealing it will at least spare it the ongoing insult.
But with it, and notwithstanding the government, high court judges, etc, the battle lines are clearly drawn between civilised society and pervert society, and the battle conch is blown. In this battle one side has got to win totally, and the other side has to be vanquished totally, something like in second world war. This will be a Dharma Yuddha. Let us see who wins.
July 4th, 2009
We need full judgement concerning section 377 of IPC 1860 as given by Delhi High Court.
August 4th, 2009