LGBT rejoices; ‘Gay Sex no more an offense’: SC

NP NEWS NETWORK

Pune

After a long journey, finally, LGBT community got a sigh of relief on Thursday. The fight for their rights which continued for long has finally ended. Supreme Court gave its final verdict declaring consensual adult gay sex is not a crime anymore.

Constitution Bench consisting of five judges of Supreme Court announced the final verdict on the validity of Section 377 in the morning.

“Consensual sex between adults in private space, which is not harmful to women or children, cannot be denied, as it is a matter of individual space. Section 377 results in discrimination and is violative of constitutional principles”, such has been declared by SC.

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.On August 24, 2017, the Supreme Court had announced Right to Privacy as a fundamental right. And, that the rights of the LGBT community are real and profound and should be protected.

Later in 2009, Delhi High Court had decriminalized Section 377 which was again overturned by Supreme Court in 2013 also dismissing a reviewed plea in this case. The Supreme Court then restored the criminality of sexual relationship between two persons of the same sex.

The first petition against Section 377 was filed back in 1994 by the AIDS Bhedbhav Virodhi Andolan. When that failed, the Naaz Foundation approached the Delhi High Court in 2001. And since then, the journey has been long and is continued.

Supreme Court’s decision was pending since long about whether the Indian penal code defining the rights of the LGBT community should be declared as valid or not. But, the historic decision taken by SC has finally declared it a non-offense.

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Many hearings in Supreme Court regarding this case have been conducted and the citizens of LGBT can finally enjoy the moment after the decision by court as they are no ore deprived of their rights and have the right to live freely.

What was Section 377?

Section 377 of the Indian Penal Code dated back in 1861 introduced during the British rule of India criminalized sexual activities “against the order of nature”, including homosexual activities.
According to this law, ‘anyone who voluntarily has a carnal intercourse with any other person going against the law of nature is an offense and hence shall be liable to imprisonment for life or with imprisonment of description of a term which might extend upto10 years, also will have to give penalty for such commitment.

How will LGBT be benefitted?

Preservation of rights: ‘Everyone has right to privacy and right to live’ according to Indian constitution. Means everyone can live his/her life as per him/her wishes without harming anyone such rights will be preserved.

No hindrance in Marriage: International human rights also give right to live life as per one’s wish, marry to his/ her lover despite their gender, such right will be preserved.

Freedom to LGBT: Lesbian, Gay, Bisexual and Transgender (LGBT) now can freely live in country as like others.

Acceptance in society: Before the decision, society was not ready to accept love relationship between two people of same gender and were looked at as criminals which will now come to an end.