The Section 377

LGBTQ is an acronym which no longer requires an introduction. Most of the people in India believe in ignoring it or refuse to provide it with the deserving authenticity. This alone is the reason that a community has to fight for rights so basic that it is almost a disgrace for the ones opposing it. India has been a land of varied cultures and practices since forever. Though it has been argued enough, homosexuality is as old as time too. Still, in the present day, the pathetic state of the community is a matter of utmost shame.

During the British rule, almost 160 years ago, Section 377 of the Indian Penal Code was regulated. Also, all sexual activities against the “order of nature” was criminalized in the year 1861. The criminalized sexual activities also included homosexual activity. We successfully fought and ended the oppressing British rule in 1947. However, we’re still in a constant fight with their orthodox and conservative take on our community.

The Long War By The LGBTQ Community

Sex is a taboo in India, simply talking about it awards you glares and looks of disgust and yet we’re the world’s second largest populated country. What is worse than talking about sex? Well, it is sex between the same genders. And this is what our LGBTQ community and various other activists and groups are in a constant battle against!

For eighteen years, the rationalists of the society are in a conflict against such a rule which makes India one of the worst countries for the LGBTQ community. It all began in 2001 when the NAZ foundation filed a petition against the criminalisation of homosexuality. This petition was overruled in 2003 and later, in 2009 when the High Court of Delhi criminalised homosexual activities. In the on-going year 2018, the Supreme Court again began the hearing on Section 377 with various judges on the bench against the cause and a number in favour.

 

The Impacts of Section 377

With the Supreme Court overturning the Delhi HC’s decision to various petitions being signed and overruled and being signed again, the fight has been a long and indecisive one. Hatred is spreading against our community. The cases of suicides and rebellion are common news as being a homosexual is a crime of the apex nature and is bigger than life itself.

A negative statement regarding the entire unrest certainly would affect the image of the nation. It would globally portray India as one of the most suppressive civilizations looting their community of something as basic as the right to love and choose a partner of their choice. With more and more people closeting themselves and their desires, the cases of mental disorders, sexual diseases, and other problems are on the rise. While a positive declaration would, however, ignite more negativity in some people and groups. It would undoubtedly spark a ray of happiness and hope in many. In a nation where democracy is celebrated, and the right to equality is cherished, this fight by the LGBTQ community is a matter of utmost ironic embarrassment.