First of all, it is necessary to point out that section 377 of the IPC has a rather rich history. This law, which was during the British colonization of the country in 1861, was a law against ‘unnatural offences’ Those for Section 377 argue it can be used to persecute LGBTQ+ Indians. Below, I will discuss the history, impact and the things or changes connected with this law, which is most often considered to be questionable.
Section 377: History and Legal Context
The British colonial masters included the Section 377 in the Indian Penal Code in 1861. The British Buggery Act of 1533 brings some facts, one of which is the banning of sodomy. The text of Section 377 states: “Any person who, willingly, has sexual connection with any man, woman or animal against the order of nature shall be penalized by imprisonment for life or imprisonment either description for a term not exceeding ten years and shall be liable to pay a fine.
In cases like these, the law was hazy in its language, specifically phrases like ‘carnal intercourse against the order of nature.’ The term was elastic and was usually applied in ways that targeted and involved persecution, particularly against the members of the LGBTQ+ community.
The Effects to the Along Lesbians and Gays
Section 377, which existed in the Indian legal system, was for a long time used to harass, discriminate and persecute the people belonging to the LGBTQ+ community. It also made it hard for Lesbian, gay, bisexual, transsexual, queer, plus individuals to live out, open and happy. Persons had to hide and could not come out and interact with others due to the oppressive law, which posed a serious threat and gap in the ability to find a suitable partner.
The law also enticed the prejudice and deserved social isolation of the LGBTQ+ population. Gay people mainly suffered blackmailing, extortion and violent execution because of the criminalization of homosexuality. The psychological impact was a drastic degree of elevated depression, anxiety, and suicide rates among the members of the LGBTQ+ community.
The Fight for Decriminalization
Campaign to revoke the Section 377 law was initiated in the latter half of the twentieth and the twenty-first century. Thus, it was the campaign of activists, lawyers, and International human rights organizations to seek a declaration of the severability of the law in the constitution.
An NGO, THE NAZ Foundation, was established to deliver HIV / AIDS and sexual rights and legal aid services. They filed a petition for the removal of the criminality of section 377 in the Delhi High Court in 2001. This formed the basis of a long legal battle.
Thus, arriving at another interesting journey of justice in 2009, the Delhi High Court passed a verdict in the Naz Foundation’s favour. In reaching the decisions mentioned above, the court held that the provisions of Section 377 of the Penal Code and the law, to the extent that the former and the latter punish the adults’ consensual sexual activities committed in private, arbitrarily infringe upon the rights mentioned above glorified into the Indian Constitution. The said decision was widely appreciated as being a change or win for LGBTQ+ persons.
Loss of Supreme Court’s 2013 reversal
However, this formed only a temporary halt since Bosnia remained in a state of conflict for a long. Then, in the later part of the year 2013, the Supreme Court of India set aside the decision passed by the Delhi High Court in the case of Suresh Kumar Koushal & Anr Vs. Naz Foundation & Ors. The Supreme Court of India upheld the landmark judgment of Section 377, and the lower court dismissed the petition with a satisfied verdict that Section 377 didn’t have any constitutional flaw. The court remarked that the above group comprised only 1% of the population of the country and added that it is a legislative matter.
This decision angered and attracted criticism from people from all over the world, including this writer. The majority saw it as a backward move in the Indian homosexual rights activism saga. Protests were carried out throughout the country and counting, and the fight against Section 377 only became even bigger and more united.
The Landmark 2018 Judgment
The judicious change of the tide occurred on September 6, 2018, when the Supreme Court of India passed a historical ruling in the Navtej Singh Johar and others Versus Union of India case. In the latest hearings, a five-judge constitutional bench unanimously decided to quash the criminality of consensual adult private sexual activity provided by the provisions of Section 377.
The law was decriminalized, and Section 377 of IPC, inasmuch as involving ‘consensual sexual conduct between adults of the same sex’, was termed unconstitutional by the court. The judgement brought out that the rights of equality, non-discrimination and privacy, which are inherent and protected under the Indian Constitution, were infringed by Section 377.
The court also accepted years of injustice faced by gay and lesbian people and stressed the importance of tolerance and recognition of human dignity. This was something that was liberating, especially to gay people and anyone who is in the LGBTQ+ community, in what was a proud moment for all the supporters of equal rights once again.
Post-Decriminalization: The Road Ahead
The criminalization of homosexuality was the first step towards the ending of prejudice against the LGBTQ+ community. However, there is still a long way to go for full acceptance in India. However, the objectives of the movement are far from being achieved, as Section 377 was just recently partially reconsidered.
Thus, discrimination based on sexual orientation, social prejudice, and the absence of rights for same-sex partners are still important barriers. Perhaps the most important area is equal employment opportunities for bisexual and gay workers; the need for general anti-discriminational ordinances that address the issue of the lesbian, gay, bisexual, and transexual community in the workforce, health and education.
In addition, fights for legal acceptance of marriage between individuals of the same sex and adoptions continue to this date. Organizations and people, specifically the LGBTQ+ community, fight for more comprehensive legal and social changes to bring justice to a nation’s minorities.
Conclusion
The Indian Penal Code, especially Section 377, has had a significant influence on the lives of homosexual persons in India. The procedure has been long, and the path long from this being a weapon of oppression and discrimination against homosexual acts to the decriminalization of homosexuality. The judgment delivered in September 2018 by the Supreme Court of India was a historical one as it brought out a change in the social structure of the country and recognized and protected the rights of LGBTQ+ individuals. But, the struggle for acceptance is still on going as we speak of today. Therefore, constant lobbying for legal amendments and changes in social perspectives should be continued to achieve equal freedoms and equal deservingness for people with homosexual orientation.