Ever since the amendment in section 377 of the Indian Penal Code, a streak of joy, acceptance, love, along with anger and refusal is out in the air which made this recent modification a topic of debate for many.
For those who are still battling with the issue of not having a clue about section 377 (popularly known as just ‘377’), let us begin our tour.
Taking the Buggery Act of 1533 in consideration, section 377 was introduced in India. The Buggery Act intends to criminalise sexual activities “against the order of nature”.
Some noteworthy years are:
2009: Delhi High Court decriminalized the gay marriages and relationships stating the law was “unconstitutional”. Not only the government was rebuttal but some religious bodies and individuals such as All India Muslim Personal Law Board, the Apostolic Churches Alliance and the Utkal Christian Council filed a challenge on the grounds of public morality and stating homosexuality is “unnatural”.
2013: On 11 December, Supreme Court overruled the Delhi HC decision quoting that alterations in sections 377 should be a matter of Parliament and not judiciary.
2016: February 6, a bench of three judges reviewed the petitions submitted by the Naz Foundation and others. Then a five-membered bench reviewed the petitions.
2017: ‘Right to Privacy’ act on 24 August marked the rise and shine of all human and equality rights. The court stated that “the protection of sexual orientation lies at the core of the fundamental rights and that the rights of the LGBT population are real and founded on constitutional doctrine”.
2018: On 6 September, the Court ruled unanimously in Navtej Singh Johar v. Union of India that Section 377 was unconstitutional “in so far as it criminalises consensual sexual conduct between adults of the same sex”. Thus making the consensual relationship between people of same-sex LEGAL! (watta-wow).
From now onwards, homosexuality is no more a crime in India. This decision was welcomed by rainbows and pride, not just by the LGBTQIA community but the majority of Indians but of course the pallet of colours contains black too. Same goes here and some people are not in the support of the decision.
Rebuttals state homosexuality to be “unnatural” and what not. Much to their amusement, they forgot that love is never unnatural and is beyond physical desires.
“To love is to worship and vice verse.” It’s unbounded and unconditional and it is not anyone’s nut two individuals business in whom to choose as a life partner. Moreover, love is too beautiful to be hidden in the closet.
We at Indian Achievers Story welcome and celebrate this new amend with open and colourful heart. After all, why hide our true colours?