Under the Indian Penal Code, the provisions related to Unnatural Offences are mentioned in Section 377.This section deals with acts of carnal intercourse against the order of nature. It states that whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment for a term which may extend to life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to pay fine.
- Definition : Section 377 labels certain sexual acts as “unnatural offenses.” It specifically deals with non-consensual penile carnal intercourse, any sexual acts against the order of nature, and voluntary carnal intercourse against the order of nature.
- Historical context : Section 377 was introduced during the British colonial era in 1861 when India was under British rule. The law was primarily based on Victorian-era moral values and aimed to criminalise same-sex relationships.
- Controversy and legal challenges : Section 377 has faced widespread criticism for violating personal freedoms and human rights. It has been a subject of numerous legal challenges and debates regarding its constitutionality.
- Supreme Court judgement : In 2018, the Supreme Court of India decriminalised consensual same-sex relationships by declaring Section 377 unconstitutional to the extent that it criminalises such relationships between consenting adults.
- Protection against discrimination : Despite the decriminalisation of consensual same-sex relationships, discrimination and stigmatisation against the LGBTQ+ community still exist.
The provision of Section 377 of the Indian Penal Code has been a topic of much debate and discussion in recent years. Previously, this section criminalised any sexual activity that was deemed to be “against the order of nature,” including consensual same-sex relationships.
However, in a historic judgement in September 2018, the Supreme Court of India declared that consensual adult homosexual acts are not a crime. This landmark ruling decriminalised homosexuality and struck down the portion of Section 377 that criminalised same-sex relationships. With this ruling, the LGBTQ+ community in India gained legal recognition and protection of their rights. It was a significant step towards promoting inclusivity and equality for all individuals, irrespective of their sexual orientation or gender identity. The current scenario in India reflects a more progressive and accepting attitude towards the LGBTQ+ community. Efforts are being made to create awareness, combat discrimination, and ensure equal rights and opportunities for all. However, there is still work to be done to ensure complete acceptance and equality for the LGBTQ+ community. There is a need for comprehensive legislation to protect the rights of all individuals irrespective of their sexual orientation or gender identity.
REFERENCES:
- https://economictimes.indiatimes.com/news/india/an-lgbtq-revolution-in-india-sets-the-pace-for-global-change/articleshow/98531459.cms – ECONOMIC TIMES
- https://frontline.thehindu.com/the-nation/india-at-75-epochal-moments-2018-rainbow-victory-section-377-struck-down/article65730933.ece – THE HINDU
- https://www.indiatoday.in/law-today/story/section-377-dropped-in-bill-no-punishment-for-unnatural-sex-offences-against-men-2419706-2023-08-11 – INDIA TODAY