Decriminalisation of section 377 essay

Short essay description
Support Scroll. Section of the Indian Penal Code came into force more than a century and a half ago, in , when India was still being ruled by the British. Although India gained independence from Britain in , its criminal code continued to be based on the one that had been developed during the Raj, even though attitudes towards homosexuality in India have historically been very different to the Western belief that it is immoral. In , a non-governmental organisation called the Naz Foundation approached the Delhi High Court demanding that homosexuality be decriminalised by striking down those portions or readings of Section that made it illegal. But a number of other groups, primarily religious, objected to this order and moved the Supreme Court seeking the restoration of Section
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A Critical Analysis on Dicriminalization of Section 377 of Indian Penal Code, 1860

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Critical Analysis of the Decriminalized Section

The page path-breaking verdict, delivered by a five-judge constitutional bench headed by then chief justice Dipak Misra on September 6, , took the help of philosophers and poets to read down parts of an year-old colonial law under Section of the IPC which criminalised consensual gay sex. Wilde was put on trial in after the details of his affair with men were made public. He was sentenced to two years imprisonment. Homosexuality was a criminal offence in England in the 19th century.
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Penal Code section 377A

I encourage liberals who wish to argue against, for example, the criminalization of homosexual sex, to engage with the honest toil of arguing that the reason such conduct ought not to be criminalized is that there is nothing immoral in it. Criminal law experts continue to argue that homosexuality is decriminalized because they collapse acts with identity. Section talks only about acts but was always read by criminal law experts as a penal provision for homosexuals, though the corpus of case histories under it show this was not necessarily the case.
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In India, inter-caste couples continue to face social stigma even though such relationships are constitutionally legal. Hence, the very act of policing love, seems to have been an integral part of our collective legal history. This argument and other similar others failed in court. Moreover, these claims are not backed by evidence.
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