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Section 377: How India Outlawed 2.5 Million People

Gay sex is no more a crime in India.
Today, 6th September, the Supreme Court passed a landmark judgement – it struck down the controversial Section 377. A 5-judge SC bench headed by CJI Dipak Misra and Justice A M Khanwilkar ruled that consensual sexual relationships between same-gender adults in private do not fall foul of section 377 IPC.
This also reverses the 2013 verdict, in which the court had upheld 377, denying the LGBT community the right of choice and sexual orientation. By doing so, it directly outlawed 2.5 million homosexual citizens and sparked a long debate over the regressive section.
Here’s a video on how Section 377 changed the lives of the homosexual community and made their sexuality illegal.

On 24th August 2017, the Supreme Court delivered a landmark verdict. They said that the Right to Privacy is an intrinsic part of the Right to Life and Liberty under Article 21. While the judgment may have come in the context of security concerns over the Aadhaar Card, it comes as a blessing in disguise for those who want Section 377 repealed.

While delivering the Right to Privacy verdict, the SC articulated that even though just a small percentage of Indians belong to the LGBT community, not granting them their fundamental right is judiciously wrong. In a democratic Constitution, the rights of the LGBTQ community are as sacred as those given to any other citizen to protect his/her freedoms and liberties. “Equality” demands that the sexual orientation of each individual be protected and that privacy is important to a human’s self-worth. So as per this, Section 377 is not only demeaning to homosexuals but also an invasion of their fundamental rights. 

As of today, a curative writ petition challenging Section 377 is still pending in the Supreme Court to be heard by a 5-judge Constitutional bench.

Fingers crossed WTD News will be able to share positive news with you on this front soon!

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