International Journal For Multidisciplinary Research

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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 6 Issue 3 May-June 2024 Submit your research before last 3 days of June to publish your research paper in the issue of May-June.

Decriminalisation of Section 377,IPC: Reforming Laws on Same-Sex Relationships in India

Author(s) KAVISH KUMAR VERMA
Country India
Abstract The presence of Section 377 within the Indian Penal Code has long been a contentious issue, rooted in colonial-era legislation that fails to align with contemporary societal norms and values. Originating from the Victorian Buggery Act of 1533, it was transplanted into the IPC in 1860, reflecting a punitive stance towards acts deemed to contravene the perceived natural order, including consensual homosexual relations. This antiquated provision, while ostensibly aimed at regulating sexual conduct, has instead perpetuated discrimination and marginalization against the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) community. Despite progressive legal developments, such as the landmark Naz Foundation vs. Govt. of NCR Delhi case in 2009, which decriminalized same-sex relations, systemic barriers persist. Article 14, 15,
and 21 of the Indian Constitution, guaranteeing equality before the law, prohibition of discrimination, and protection of life and personal liberty, respectively, stand in stark contradiction to the continued enforcement of Section 377. Furthermore, the Supreme Court's ruling in 2018, recognizing the rights and dignity of LGBTQ individuals, underscored the imperative for legislative reform. However, substantive legal changes are essential to address broader issues facing the LGBTQ community, including marriage equality, adoption rights, and inheritance. Despite these challenges, there is growing momentum towards reform, driven by a recognition of the fundamental rights and freedoms that all citizens, regardless of sexual orientation or gender identity, are entitled to. Efforts to dismantle discriminatory laws and foster a more inclusive legal
framework are not merely matters of legality, but also of human rights and social
justice. Therefore, the imperative lies in fostering legislative and societal change that ensures equal treatment and opportunities for all members of society, irrespective of sexual orientation or gender identity.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 3, May-June 2024
Published On 2024-05-16
Cite This Decriminalisation of Section 377,IPC: Reforming Laws on Same-Sex Relationships in India - KAVISH KUMAR VERMA - IJFMR Volume 6, Issue 3, May-June 2024. DOI 10.36948/ijfmr.2024.v06i03.20522
DOI https://doi.org/10.36948/ijfmr.2024.v06i03.20522
Short DOI https://doi.org/gtvtx3

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