Analysis: Will the society accept the decision of the Supreme Court on homosexuality?
Thursday - September 6, 2018 2:31 pm , Category : WTN SPECIAL
Supreme Court gives historic decision, “Homosexual sex with consent in seclusion does not fall in the category of crime”
SEP 06 (WTN) - Today, the Supreme Court of India has given a historic decision that will be discussed for many years. The constitutional bench of 5 judges of the Supreme Court of India, while giving a historic judgment on section 377, considering homosexual relations as crime, has said, “Homosexual sex with consent in seclusion does not fall in the category of crime.” However, sexual intercourse with the animal under section 377 will still remain a crime.
In the Supreme Court, the constitution bench of five judges, headed by chief justice Deepak Misra, declared historic judgment, "Everyone has the right to live their life in their own right." In his decision, the Supreme Court said, "Everyone has right to live with dignity, sexual orientation is natural. There can be no discrimination on this basis. Every person has the right to live with dignity. Sexual orientation is natural. There can be no discrimination on this basis. The right to privacy is the fundamental right, and 377 harms it. "
In his decision, the chief justice said, "Everyone in the country has the right to live by equality and respect. Some people suffer from the exclusion of society. It is important to correct the mistakes made earlier. Which is natural, how can it be wrong? There is a need to change the thinking of the society. We have to say goodbye to some old notions. All things can’t work with majority."
Chief Justice Deepak Misra further said, "LGBT community has all the fundamental rights. It is our responsibility to see that there should be no discrimination against anyone. It is wrong to call the unnatural sex relations as offense."
For your information, let you know that Section 377 of IPC considers unnatural sex to be an offense. Under this, not only with animals, but also the homosexual relationship between two adults is said to be unnatural. There is a provision of up to 10 years of punishment for this. But after the Supreme Court's decision, section 377 will not be applicable to two adults.
To elaborate on this, the Delhi High Court refused to accept homosexual sex with consent in seclusion between the two adults as offence in 2009. But in the year 2013, the Supreme Court, refusing to interfere in the matter, by saying that parliament has the right to change the law. For this reason, the Delhi High Court decision that came in 2009 was canceled. After this, five homosexual people filed a petition in the Supreme Court seeking a fresh hearing on the matter. In January this year, the court sent the matter to the constitution bench.
About this, people of LGBT community said, "The Supreme Court has said that privacy is a fundamental right, but homosexual people do not have this right. They are afraid to fulfill their natural need. They are afraid of police and legal action. Police harasses homosexuals under the law."
People who are accompanying the LGBT community say, "Due to the fear of police the homosexuals do not come out, it is difficult to spread awareness about AIDS among them. Since these laws are 150 years old, which are made by the British at that time, according to the arrangements in England, there was a provision for punishment for homosexuality, but now it needs to be eliminated. "
Talk about the attitude of the government, some religious organizations had opposed the petition, citing religion and social beliefs. But the central government did not take any stand on this whole issue. The government had said that they leave this issue at the court discretion. But, the government had only requested that the court restrained its hearing from the two adults in relation to mutual consent, the validity of the full section 377 should not be heard.
Here, after the Supreme Court historical verdict, there is a wave of happiness in gay society. People of this society have expressed their happiness in different parts of the country.
On the verdict of the Supreme Court, Congress MP Shashi Tharoor says, "On the section 377, which he used to say earlier, the honorable judges have stamped it. He believed that discrimination with homosexual society has been happening. It is good that now the demand of the LGBT community has got legal recognition. "Actor Swara Bhaskar says," This decision will have a far-reaching effect. "
While this historic decision of the Supreme Court is being welcomed by the people of homosexual community, but it may happen that in the time to come, religious organizations protest against it, because homosexuality has not been acceptable in Indian society. In such a scenario, what response comes from the society after the Supreme Court decision on homosexuality?
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