Section 377 Abolished: Rise of a New Era or Obliteration of Culture?


Recently the honourable supreme court has come with the verdict – Abolishing the Section 377!!! And it had the mixed reactions across the nation. Many celebs from Bollywood and Television welcomed this verdict; many political personalities also welcomed this and some part of the society exhibited the repugnance over it.

First let’s understand what section 377 was. According to the IPC 377, “Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with impris­onment of either description for a term which may extend to ten years, and shall also be liable to fine.”

There are many possible starting points to discuss the judgment on Section 377.

1860, when the colonial British government brought the Indian Penal Code came into force, and along with it their Victorian morality of what was appropriate and permissible sexual conduct.

1950, when our Constitution came into force and guaranteed to all of us equal citizenship.

1991, when the AIDS Bhedbhav Virodhi Andolan filed the first case challenging Section 377.

2009, when the Delhi High Court, in a remarkable judgment, read down Section 377 for the first time.

2013, when the Supreme Court inexplicably reversed course on Section 377 and held that the Constitution did not protect “minuscule minorities” from discrimination.

2014, when the Supreme Court held that gender identity and expression were inherent to individual dignity, and that transgender people had a right to self-identification and State recognition.

2017, when nine judges unanimously declared that the right to privacy was inherent in the Fundamental Rights guaranteed by our Constitution.

But here, the question arises that are we ethically so rapidly falling down that we don’t care about the culture & civilization? Or we have become so laissez-faire and contemporary that we challenge the natural phenomenon? This question is a paradox and perhaps it doesn’t have the right answer.

You can share your views, suggestions, opinions here; we shall give place to your thoughts on our blog.

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