IPC Section 377 Since 1862 (Verdict (Choice of a partner is part of the…
IPC Section 377
Choice of a partner is part of the FR to privacy
Bodily autonomy is individualistic
SC(5 judge) decriminalised Homosexuality(punishment upto 10 yrs) as a relief to LGBTQ community.
Section 77 would still apply to “unnatural” sexual acts like bestiality and sexual act without consent.
It is difficult to right a wrong by history. But we can set the course for the future and history owes an apology to members of this community.
Old “tyranny” of Section 377 is “irrational, indefensible and manifestly arbitrary” and violated the right of the LGBTQ community to “equal citizenship and equal protection of laws.”
Homosexuality is not unique as it is present in other 1500 species too therefore it can't be unnatural
“Doctrine of Progressive Realisation of Rights”- By Dipak Misra : In a progressive and an ever improving society, there is no place for retreat or regression.
2013: Suresh Kumar Koushal and another v NAZ Foundation - SC upheld Section 377
2016: Curative petition by Naz Foundation, activists heard
2009: Naz foundation vs Govt. of NCT of Delhi : Delhi HC described Section 377 as violation of FR. Religious groups appealed against this in HC
2017: Supreme Court Upholds Right To Privacy in K.S Puttaswamy vs UOI and others
2018 SC decriminalises homosexuality
According to book Kinsey Reports - 10% population is not exclusively heterosexual.
A new lease of life to Secularism: Verdict brushed aside religious opposition to the expansion of human rights
It liberated the idea of individual rights from the pressure of public opinion thus holding firm that social morality cannot trump constitutional morality.
Stigma, oppression and prejudice against the community will be eradicated
Liberation from the fear of heteronormative majority
On HIV/AIDS programme
HIV+ gay individuals self-excluded themselves from govt programmes to prevent discrimination and backlash
lead to under-reporting and made risky sexual practices go unnoticed
If a law that has taken deep roots into social, cultural and legal consciousness, the challenge to remove the prejudice among masses is immense
Sensitisation and awareness training.
Publicity of the judgement.
Gay marriages, adoption by gay couples not currently allowed
Transgender Persons (Protection of Rights) Bill, 2016
District screening committee to certify transgender
Weak punishment for sexual abuse - just 2 yrs
No clause of reservation
NALSA vs UOI, 2014
Right to self determination of gender
Transgender as "third gender"
Transgenders to be considered socially and educationally backward and given benefits if reservation