Supreme Court of India to Rethink on Decrimilization of Homosexuality

As we all are know, the supreme court has passed a law criminalizing gay sex, but here’s some good news for the LGBT community. The Supreme court recently decided to rethink their decision about the ban. The decision comes as a definite ray of hope for the community and was taken by the Supreme court on January 10, 2018 wherein the court declared about the re-examination of the Section 377 of IPC banning carnal intercourse against nature’s order with any man, animal or woman. This act is a punishable offence with as long as life time imprisonment punishment for the convicted. Since 16th Century by the British when India was amongst one of its colonies, is when the idea of criminalizing gay sex came into existence.

LGBT community

Though the Supreme courts decision has given the LGBT community a small bit of a reason to celebrate, there are already some representatives of India’s right wing who are all set to extinguish this little revolutionary spark. As per a known Parliamentarian’s opinion, nobody would have any issues with what they do within four walls of their respective homes but if they bring it, celebrate it or flaunt it publically like creating gay bars to attract partners, etc., it needs to be punished and hence the need of Section 377. While he has also made statements calling homosexuality as a genetic flaw, this sentiment seems to have full support of the Indian middle class. Many other known politicians and ministers have gone to extent of calling it a curable disorder and also claiming that homosexuality is against the law of nature and hence the LGBT community needs to be completely disenfranchised.

While fact of the matter is that we already have studies to prove that homosexuality is not something that has cropped up recently, but it has been there since centuries. The living proof is Mesolitic rock art that has depictions of same sex intimacy scenes and is on display already in natural history museums. There is already documented proof as well written around 2345-2181 BCE, depicting the homosexual relationship of Pharaoh Neferkare and his general Sisene. Another one from the 7th Century BCE is a poem depicting love between two females written by Greek poet Sappho.

Yet, the LGBT has been living under constant fear of illegal detention, money extortion, blackmail and harassment by the law enforcement bodies. Besides, they have always faced the brunt of discrimination, abuse and are labelled by many as people with mental condition.

Perhaps, the Supreme court is aware that time has come to make some necessary changes in the centuries old law system of India and work towards eradication of the shame and stigma related to an individual’s sexual identity and create an environment of respect, dignity and equality for this gender.

KLE Law College – Leading premier law school in Bangalore, Inida