Saturday, 25 February 2017

Rajat Malhotra

All you need to know about Homosexuality

The Supreme Court of India gave a decision in open court on petitions. the resource which was last available to litigants on section 377 of Indian Penal Code, 1860 is an opportunity to rectify the mistake in Indian Penal Code for re-criminalizing in the country.

Judges decided on the curative petitions by deciding it among themselves through a process which is known as "hearing by circulation" . The fact is that the Apex court has been departed from the established practice of not  hearing the oral submission on the curative petitions.

The Law Acc. To Indian Penal Code, 1860

 Section 377 of Indian Penal Code came into force in 1862, which defines Unnatural Offences.
“Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”

Delhi High Court legalized Homosexuality 

Delhi High Court in 2009 de-criminalized  homosexual acts and held some parts of section 377 of Indian penal Code that criminalizes unnatural Sex saying that "section 377 denies a gay person a fundamental right of full person-hood".

Supreme Court Re-criminalizes Homosexuality 

The Apex Court of India choose to reverse the verdict in 2013 and held that section 377 of Indian Penal Code is Constitutional . The bench put the ball in the parliament's court and saying it was the duty of the legislature to take a call on this controversial provision.

Implication of Heterosexuals

 The case made implications for hetrosexuals too, sexual acts of adults like oral sex or anal sex in private are treated as unnatural offence and punishable under section 377 of Indian Penal Code.

Supreme Court verdict on Transgender

In its landmark judgment made in April 2014, verdict hailed by gender equality rights activists , the Apex Court of India directed the Government to declare Transgender as "Third Gender" and even include them in OBC quota. To bring them into the mainstream and equal before law SC even directed the government that Transgender should have all the rights under law, Indian Marriage Act,  Adoption, Divorce, succession, etc.

Child abuse and Sec. 377

Many Child rights activists criticized the verdict of the Delhi High Court for de-criminilizing the section 377 of Indian Penal Code which deals about the unnatural offence which needed to be on the statute to tackle child abuse in India. But after the enactment of the POCSO Act, 2012(The  Protection of Children from sexual offenses) there is need to use section 377 of Indian Penal Code in Child sexual abuse.
The Protection of Children from sexual Offenses is more child-friendly and stringent.