SC To Review Section 377 That Criminalises Gay Sex. 2018 Already Looks Promising!

Meenu Katariya

Whether homosexuality should be a crime in India will now be re-examined by the Supreme Court. 

In a hopeful, small yet significant step, a three-judge bench of Supreme Court headed by the Chief Justice of India, Dipak Misra, today said a larger group of judges would reconsider the constitutional validity of Section 377. 

source

Section 377 is an archaic law in India which criminalizes carnal intercourse between consenting adults against the “order of nature”.

According to reports, the Supreme Court said,

Determination of the order of nature is not a constant phenomenon. Societal morality also changes from age to age. Law copes with life and accordingly, change takes place.

The apex court has also issued a notice to the Centre seeking a response on a writ petition filed by five members of LGBT community, who say they live in fear of police because of their natural sexual preferences.

b’source: PTI’

The bench also observed that,

A section of people or individuals who exercise their choice should never remain in a state of fear. Choice can’t be allowed to cross boundaries of law but confines of law can’t trample or curtail the inherent right embedded in an individual under Art 21 of Constitution.

Delhi High Court in 2009, struck down Section 377 as illegal but the Supreme Court in its 2013 judgment said that it was the job of the legislature and not the judiciary to deal with such clauses and refused to hear the curative petition.

source

The Supreme Court’s 2013 decision that gay sex is a criminal offense was seen as a major setback for human rights in the world’s biggest democracy. The LGBTQ community has since been demanding to scrap the draconian law.

Twitter is already celebrating the big development.

You might also like
“Delhi Crime, I Said Yes To In Like Five Minutes”: Shefali Shah On Ageism, Fame & Female Rage
Farmley’s Daily Fuel Challenge Proves Healthy Snacking Can Go Viral
Every Emotionally Exhausted Person Has A Netflix Comfort Show, Here’s Yours
If Aspirants Season 3 Hit Too Hard, These 6 Shows Continue The Trauma (Plus 4 Bonus Picks ;) 
Can A Ceasefire Still Happen Now? US Seizes Iranian Cargo Ship As Iran Steps Back From Peace Talks
R Madhavan Just Shared 4 Toxic Habits We Need To Remove From Our Homes, And Be Honest… You’re Probably Doing All Four