Decriminalisation Of Section 377: Battle For Better Future

Sakshi Nigam, BBA LLB (Hons.), ICFAI University, Dehradun

Shrely Sinha, BBA LLB (Hons.), Lovely Professional University, Punjab

Saumya Nigam, BBA LLB (Hons.), ICFAI University, Dehradun

ABSTRACT

The law of this land celebrates and upholds unity in diversity. It provides every individual the right to express their ideas and opinions without intervention. A significant concept of equality and liberty makes the lives of each one worth living paying disregard to their religion, race, caste, and sex. Section 377 was an old colonial law of British times and came in front in the year 1864, making some activities fall under the category of “unnatural offences”. This section clashed with the basic sexual rights of LGBT making the rights granted to everyone under our constitution dicey and unfledged for them, it took around 157 years to turn down this provision in order to serve justice to some crucial citizens of our nation. Law and morality are always mingled tightly to incorporate a balance in society and reflect an image of the wants of the majority in society that further created a scuffle for those who had vivid sexual orientation. The main rationale behind the sustenance of such laws is given to the moral fabrication of our society’s tries. Many a time there can be a clash between moral principles and existing laws of society. The case with this provision was that law supported the morality of a large section but put in the dark the others who needed protection and it, as a result, rolled the homosexual’s sexual desires to have an intimate relationship with a person of the same gender ending in an offence punishable by law. But with time law evolved and expanded its dignity in order to render its exhaustive character to understand the crux of this dubious offence and removed it from its ambit perpetuating the comprehensive judicial wisdom and also bringing hope and happiness in the lives of many.

Keywords: Better future, Decriminalisation, Discrimination, Hope, LGBTQ community, Unnatural Offences.