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    “All about Section #377 : and the present changes”


    Sheopur(M.P.) 18/09/2018 (PratykshaSaxena) @www.rubarunews.com>> As a part of a largest democratic country we have a great ‘Constitution’ in which ‘Rights & Laws’ are same for each and everyone, and as a nation’s citizen we all have to follow these rules and regulations because all these have been made to safeguard our ‘human rights’. But in this era of equality and freedom there are still some communities and people, who are fighting for their rights, and one of the community who just reach to the line of victory after a long struggle is “LGBTQ” community. The community who always faces ignorance, discrimination and prejudicial behavior among the society, and unfortunately they also have to fight for their basic right of equality and specially because of the existence of section #377of the IPC.
    “Before  making any of the judgment  we must know about ‘LGBTQ’ community and section ‘377’ of  IPC”.
    ‘LGBTQ’:  LGBTQ is the community of lesbian, gay, bisexual, transgender and quire came and for a period of time the community demands that they will be given their due and section 377should be declared invalid, and after the Supreme Court’s decision on the right to privacy, the community had revived their demands.

    What is the section 377 of the IPC?
    Section 377 of IPC is a section of Indian penal code introduced in 1861 during the ‘British rule of India’ and modeled on the buggery Act of 1533, it is used to criminalize the sexual activities, and used to describe homosexuality  as a crime and whoever has sex with any man, woman or animal against nature’s arrangement and the person who found guilty in this will be punished with 10 years of imprisonment , life imprisonment and it has been in the category of cognitive crime and it is nonbailable. First in the year 1290 an unnatural relation in Fletta of England, and in India in 1861 “Lord Macaulay” drafted the “Indian Penal Code” and under which provision of section 377 was made.
    ·         In India this issue came into light for the very first time is in July 2009 when the Delhi High Court termed Article 377 of the IPC as unlawful. While hearing the PIL filed on behalf of the “Naz Foundation”
    ·         The Delhi high court said section 377 violation of article 14, 15 and 21 of the constitution.
    ·         Again in 2012, the Supreme Court changed the Delhi High Court decision and termed the Delhi High Court verdict given against 377 as ‘Legally Enforceable’.
    ·         In 2013, the Supreme Court upheld the Delhi High Court’s decision to invalidate gay relations. They got hope in 2014.
    ·         Again the case started and NCRB started collecting data and in 2016 another petition in the Supreme Court against section 377.
    ·         In accordance with the Supreme Court’s ruling on ‘Rights of Privilege’ in August 2017, sex related tilt assumed the ‘Fundamental Rights’ and also marked that any gender related leaning is the fundamental part of its ‘Right to Privacy’
    Current  Legal Position :
    ·         The Constitution Bench comprises of Chief Justice Deepak Mishra along with Justice R. R. Nariman, Justice AM Khanvilkar, Justice D.V. Chandrachud and Justice Indu Malhotra on 6 September 2018 decriminalized consensual adult sex saying ‘sexual orientation’ is natural and people have mo control on it.
    ·         All judge signed the verdict and “HOMOSEXUALITY” gets legal approval and recognition. SC reads down 158year old law and allowed that law legally.  
    ·         Court ended up the case by saying that “I am who I am, take me as I am”.
    ·         Close this petition by saying homo sexuality is not a crime.
    After all this decision of SC we as a human would also take these people just like a common people like us and treat and respect them in a same way as we do with others, and accept them as a part of society.

    “As if they are also a human being and have the same kind of heart full of emotions just like us”.




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