Decriminalisation Of Section 377 IPC
- IJLLR Journal
- May 24
- 2 min read
Ms. Akanksha Raj, IILM School of Law, Greater Noida
Mr. Paras Yadav, IILM School of Law, Greater Noida
ABSTRACT
The decriminalisation of Section 377 of the Indian Penal Code (hereinafter referred to as ‘IPC’) was a crucial change in the history of India and created a deep impact on the lives of LGBTQIA+ people, who are now allowed to be free and finally identify themselves as what they want. People from the LGBTQIA+ community now have the right to choose their partners, and their consensual sexual activity is no longer seen as an unnatural offence. The decriminalisation of Section 377 of the IPC may have given homosexuals the right to exist, but the main conversation is about whether they have been given the right to enjoy the quality and live their life with respect and safety like any other individual. This paper is about those landmark judgments that helped with the decriminalisation of Section 377 and gave them representation in society. It also talks about how much law is inclusive of the LGBTQIA+ community, whether the representation is truly worthwhile or just another gimmick. Homosexuals, though, deserve equal opportunity in every field and protection from homophobic people, but do they really get these opportunities in a society where there is deep hatred and very little to no awareness about homosexuals? Thus, this paper talks about the problems that the LGBTQIA+ community still faces. It also talks about the statistics of their situation in the country. It also talks about the reforms of these problems and the question that is homosexual people’s representation limited, or there is no representation at all. Thus, to tackle such issues, some solutions have also been opined by the authors. It is high time that every person in the country should be treated equally and with respect. It is basic morality to understand that homosexual people also have the right to privacy, which includes their sexual partners. As per Article 21 of the Constitution of India, every person has the right to life and liberty, and Section 377 was violating the rights of homosexual people.
Keywords: Decriminalisation, Privacy, Article 21, Homosexuality, Morality.
