Essay - Section 377

              SECTION 377
              Section 377 of IPC i.e. Indian Penal Code dates back to 1861 which criminalizes sexual activities between same sex i.e. homosexuality. It states that whoever has sexual intercourse with any man, woman or animal which is against the order of nature shall be punished with imprisonment for life. Some people believe that homosexuality is against Indian culture, against nature and against science.

               When the High Court of Delhi decriminalized it in 2009, the Supreme court gave a judgement that the  amending of section 377 should be left on the parliament and the judiciary should not interfere in it. On 24 August 2017, Supreme court ruled that Right to Privacy is a fundamental right of people and the rights of LGBT’s(Lesbian, Gay, Bisexual and Transgender) are based on constitutional principles. The Right to Privacy is our right to keep our personal things with ourselves and not sharing with others such as our body, home, property, thoughts, feelings, secrets and identity.               
             The banning of homosexuality is also the violation of Article 19(A) and Article 21 which talks of  Freedom of expression and Protection of Life respectively. The adolescents can get attracted to any individual of same or opposite sex. It is normal having special feelings for someone and can express them in a respectful manner. Discrimination done against an individual on the basis of sexual orientation is insulting of dignity and self-respect of the person.
             The United Nation  is of the opinion that the ban is the violation of international law. It violates the right to privacy and the decision represents the backward steps of India regarding human rights. In December 2013 Indian National Congress vice-president Rahul Gandhi came out in support of LGBT rights and said that "every individual had the right to choose". He also said "These are personal choices. This country is known for its freedom, freedom of expression. A march was held in Washington for LGBT rights in April 1993. The organizers primary demands were civil rights bill against discrimination, increase in AIDS research funding and reproductive rights.
                A film named ‘Fire’ was the first Indian film based on the Lesbianism which came in 1997. ‘Teen Kanya’ is another such film directed by Satyajit Ray in 1993 . ‘Margarita with a straw’ is such recent movie which is frank about a young woman’s interest in sex. There are also some books written on LGBT such as ‘Keeping you a secret’ by Julie Anne Peters and ‘Two boys kissing’ by David Levithan. Magazines such as ‘Pink Pages’ which is India’s National LGBT magazine also discusses about these issues. There are many organizations working for LGBT’s rights. Humsafar Trust, Naz Foundation Trust, Udaan Trust etc are some of the examples. These organizations focuses on the issues of sexual health within homosexual and transgender communities.
              There is a current news that SC has called for review of Sec 377 verdict. It is a very good news for the LGBT’s.  In my opinion the LGBT’s should be given their human rights which include freedom of expression, right to privacy, right to live and should not be discriminated on their sexual orientation. The Supreme court have taken the right decision by observing their rights.

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