Site icon Lawful Legal

LGBTQ Right and Section 377

LGBTQ Right and Section 377

 

The struggle for LGBTQ rights and the repeal of Section 377 of the Indian Penal Code was a pivotal moment in India’s legal and Social History. For decades. LGBTQ individuals faced discrimination, stigma, and Criminalization due to this Colonial-era law. However, in september 2018 the Indian Supreme Court made a historic decision to decriminalize Consensual Same-Sex relationship, marking a significant steps toward recognizing upholding and The righ gender identity ts of the LGBTQ Community. LGBTQ is an initalism that stands for lesbian, Gay, bisexual and transgender. It may refer to anyone who is non heterosexual or non- Cisgender. A popular Variant LGBTQ adds the letter Q for those who identify as queer or are Questioning their Sexual or gender equality Another popular variation LGBTQ+ adds a plus. Sign in order to represent other identities not included in LGBT. Many further variations of the acronym. Exist, LGBTQIA+,  2SLGBTQ+. The labels LGBT. are not universally agreed to by everyone that they are Supposed to include.

Most of the us know that Section 377 was decriminalized and was made unconstitutional in 2018 by the Supreme court but we do not know the background summary of it. How did it. happened and even we heard people Saying that homosexuality is a disease which new generation has spread. but that is not show it you look at Some example of Mahabharata as well there were Certain character which depicted a character homosexuality if you remember a character Called Shikhandi she was born as a Woman but identified herself as an man and finally married a woman if you look at the Carving of Khajuraho temple it is so many Carving and Sculpture which clearly depict the homosexuality Show that is not something. new and novel to our generation it just that people, are more aware about it so people can openly talk about it but. still there is stigma there is.

Section 377 state that is any  Carnal intercourse which against the order of nature with any man, – woman or animal are punishable offence. Punishment is huge for which it is not an even offence. In 2001 Very first time the Naz foundation approach the Delhi high court and filed a Petition to decriminalised Section 377. and In 2011 Delhi H.C. finally deleverd Section 377 is unconstitutional and it should

decriminalized the reason Article 14 and 15 of Constitution talk about right to equality and not to discriminat between Sex where 377 clearly Voilat article 14 and 15 because it does not provide equality to people and Differnciat people between Sex and Sex does not mean only gender or being. 

Male or female: also mean sexual orientation. Of a person it also voilat article 24. Of Indian • Constitution right to live in dignity and right to privacy are important sight under right to life, which is violated by Section 377. By this Judgment the appeal was done to the Supreme Court of India in 2011. In 2014 Right of transgender discussed for the first time in case NALSA vs Union Of India. In 6 September 2018 in Case & Navtej Singh, Johan Vs Union of India finally decriminalized Section 377,. So finally in 2018 the homosexual Community got what it deserve and legally found way to preserve their right. In 2019 the transgender Persons (Protection of right) Act founded. Which talks and preserve the rights of transgender. In India a First of all, it is time. That we stop Considering homosexuality as an “offence or a “mental illness” There is absolutely no reason, other than the blind prejudice, to prevent two heterosexuals from going through Ceremony which will grant them a Civil. The same rights and securities that heterosexual Couples enjoy. Aren’t we’ in an living age which respect the individual’s. right? And Society to choose their own life partner? Then why do two men are woman who want to be together have to face a Constant • Struggle? Marriage Sign of love and Commitment and if two people be it of any gender, show that destroy the ideals of and if two people be Commitment, how does that  marriage. 

Author:- Shruti Singh Chandel

Depression among youth
Exit mobile version