It came into force in Most of the times homosexuals and their behaviour are termed as deviant. It violates Article 15 of the Indian constitution which ensures that no person shall be discriminated against on the basis of caste, gender, creed etc. You might also enjoy:
In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. He had a relationship with Francis Wacziarg for 23 years until Wacziarg passed away.
What is Section , and why does it matter? - The Hindu
Section refers to 'unnatural offences' and says whoever voluntarily essay on section 377 and gender justice carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
Justice GS Singhvi since retired upheld the constitutional validity of Section and said it was for the legislature to take a call on the controversial provision.
The LGBT community lesbian, gay, bisexual, transgender is no more a minority community.
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Delhi HC's verdict The issue of Section how should i start off my college essay first raised by NGO Naaz Foundation, which had in approached the Delhi High Court which had decriminalised sex between consenting adults of the same gender by holding the penal provision as "illegal". IAS Prelims They argue that the right to sexuality, sexual autonomy and freedom to choose a sexual partner form the cornerstone of human dignity.
On 27 Marchthe Supreme Court reserved verdict on these.
Section came into force in However, the judgement keeps intact the provisions of Section insofar as it applies to non-consensual non-vaginal intercourse and intercourse with minors. It had in restored the criminality of the sexual relationship between persons of the same sex, after the Delhi High Court had decriminalised it in Office No.
He was in a committed relationship with Navtej Singh Johar and drew from his personal experiences while protesting. Further SC says that it is the work of parliament to make or amend the legislation and parliament shall make endeavor to remove such controversial provisions form statue books of India.
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- Should Homosexuality (Section of IPC) be decriminalized?
On the other hand, rape does not involve consent and the country should be focusing on punishing rapists and other criminals instead of criminalising sexual activities between consenting adults and punishing the innocent. Shashi Tharoor in the Lok Sabha, if people are being discriminated against on the basis of their sexual preference? This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations.
Section of the Indian Penal Code - Wikipedia
In a page judgement, a bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section persuasive essay with modals the IPC would violate Article 14 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law.
The effort to end discrimination against gays should be understood as a necessary part of the larger effort to end the inequality of the sexes, he said.
Section 377 of the Indian Penal Code - जानिए क्या है आईपीएसी की धारा 377? Debate on LGBT rights
It violates Article 15 of the Indian constitution which ensures that no person shall be discriminated against on the basis of caste, gender, creed etc. A increase text size Outlook Web Bureau July 11, Or have something to share? Just because it is not common does not mean it should be condemned.
Explained: What Is Section And Why Is SC Reviewing Its Verdict The two-judge bench went on to hold that:
Naz Foundation appealed to the Supreme Court against the decision of the High Court to dismiss the petition on technical grounds. You might also enjoy: July 21, Thakur decided that the petitions will be reviewed again by a constitutional bench consisting of five members.