SC Agrees To Re-Examine Its Verdict On Criminalising Homosexuality. Here Is Everything You Should Know About Section 377
In what is seen as a ray of hope for the LGBT community in India the Supreme Court has agreed to re-examine its own verdict which criminalised homosexuality. The court has also referred the case to a five-member bench The decision came in a curative petition filed by LGBT activists against a Supreme Court order that criminalised gay sex.
In what is seen as a ray of hope for the LGBT community in India, the Supreme Court has agreed to re-examine its own verdict which criminalised homosexuality.
Reuters
The court has also referred the case to a five-member bench. The decision came in a curative petition filed by LGBT activists against a Supreme Court order which criminalised gay sex.
Here are some of the reactions.
Y is it so hard2 get tht its NOT about CHOICE ! We dont CHOOSE r gender or r orientation ! We r who we r by CHANCE not choice ! #Section377
¡ª sangeeta mehra (@sango20) February 2, 2016
We are NOT different because you don't understand us.
¡ª Khaled Nazari (@KhaledNazari92) February 2, 2016
We are different because you REFUSE to understand us. #Section377 #SameLove #LGBT
sexuality cant b tamed, a progressive step by the #CJI #SupremeCourt #SupremeCourtOfIndia on #Section377.
¡ª Anuj Kumar Jha (@anujjha) February 2, 2016
As an #Ally I support #Scrap377
We have always believed that who you want to love is a matter of personal choice:Randeep Surjewala #StrikeDown377https://t.co/YsD0s3AlUF
¡ª TIMES NOW (@TimesNow) February 2, 2016
Even if SC were to reject this today, we'd still be as strong as we were before: Darshina, LGBT activist #Section377 pic.twitter.com/LVY8GB8PRF
¡ª ANI (@ANI_news) February 2, 2016
Even if SC were to reject this today, we'd still be as strong as we were before: Darshina, LGBT activist #Section377 pic.twitter.com/LVY8GB8PRF
¡ª ANI (@ANI_news) February 2, 2016
#Section377 should be decriminalized, all sections of our society need to have equal rights-D Raja,CPI pic.twitter.com/b7cxdlxAqN
¡ª ANI (@ANI_news) February 2, 2016
#Section377 should be decriminalized, all sections of our society need to have equal rights-D Raja,CPI pic.twitter.com/b7cxdlxAqN
¡ª ANI (@ANI_news) February 2, 2016So what is Section 377?
Section 377 of the IPC came into force in 1861.
The law, written during Queen Victoria's regime, states "Whoever voluntarily has 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 fine."
AFP
Here is a timeline of the legal battle so far
2009, Delhi High Court
In July 2009, through a historic judgement the Delhi High Court de-criminalised consensual homosexual acts in private by declaring as unconstitutional a part of Section 377 of IPC that criminalises unnatural sex. In its ruling the court said, ¡°the section denies a gay person a right to full personhood¡±
2013, Supreme Court
In December 2013 the Supreme Court quashed the Delhi Court ruling, ending four years of decriminalisation that had helped bring homosexuality into the open. While re-criminalising gay sex, the apex court said the parliament can remove or change the law.
Politics
The decriminalisation of homosexuality has always been a politically dividing issue. However it has been gaining support from various corners in the recent times.
BJP
The BJP had supported the Supreme Court¡¯s verdict which upheld Section 377 IPC.
PTI
But since it has changed its stand. Senior BJP leader and finance minister Arun Jaitley backed calls for changing the law and ending the ban. "When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court's view appears more acceptable."
Congress
Congress had appealed against the Supreme Court order and it had promised to pass a law decriminalising gay sex if it returned to power in 2014.
PTI
Last December Congress MP Shashi Tharoor had introduced a personal bill in the parliament seeking to amend the law on gay sex, but failed to attract support.
Other parties including the AAP and Communist Party have also supported scrapping of Section 377.
While homosexuality is still a crime in India, here is a list of countries where it is legal.
United States
On June 26, 2003, sexual activity between consenting adults of the same sex as well as same-sex adolescents of a close age was declared legal nationwide. Same sex marriages became legal in all states on June 26, 2015.
Ireland
In May 2015, Ireland became the first country in the world to legalise same-sex marriage by popular vote. Same-sex marriage still remains illegal in Northern Ireland.
Finland
Finland Parliament accepted a bill legalising same-sex marriage on December 12, 2014. The law will come into effect from March 1, 2017.
Scotland
Same-sex marriage was approved by Scottish Parliament in February 2014 and received royal assent on 12 March 2014. It came into effect on 16 December 2014
Luxembourg
Luxembourg Parliament passed same-sex marriage and adoption rights in June 2014 and it took effect on 1 January 2015.
France
France became the thirteenth country in the world to legalize same-sex marriage in 2013.
England
Same-sex marriage was legalised in England and Wales on March 29, 2013 under the Marriage (Same Sex Couples) Act 2013.
Brazil
In May 14, 2013, The Justice's National Council of Brazil legalised same-sex marriage in the entire country.
New Zealand
Same-sex marriage was legalised in New Zealand on August 19, 2013.
Uruguay
On August 5, 2013 same-sex marriage became legal in Uruguay.
Bobins Abraham is the Assistant News Editor at Indiatimes. He has more than twelve years of experience in TV and digital journalism. An avid student of history and geopolitics, he is a conservationist and environmentalist at heart. He writes on environment, sustainability, human-animal conflict and more.
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