There is a time for adjusting to everything. It’s high time we bid adieu to these ancient unfair laws.
The verdict in the ongoing hearing over the decriminalisation of Section 377 of the Indian Penal Code is eagerly awaited and the LGBT community are seeing a ray of hope as the petition has been accepted in the Supreme Court.
As the long drawn battle seems to be heading towards a final denouement, here’s establishing certain facts connected to it. Section 377 of the IPC states:
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
The archaic British law dates back to 1861 and criminalises sexual activities against the order of nature and the ambit of this law extends to any sexual union involving penile insertion. In January this year, Supreme Court said a larger group of judges would re-consider the previous judgment (which reinforced criminalisation of homosexuality) and examine Section 377’s constitutional validity. The hearing is currently going on at the Apex Court and the verdict is expected to arrive very soon.
When Tusshar was asked about his views on Section 377, he said, “I think they should ban it. The process is underway anyway but I think they should ban it. We are a country that is very tolerant and very liberal in the truest sense of words. So I don’t think we need these archaic laws. These kind of personal issues take us back in time and we don’t need to go back there. I hope this all taboo around it goes down and all the parties involved are satisfied. (In the end) Everyone must live happily.”
Section 377 has always been the reason to cause a stir in the society. In 2009, the Delhi High Court described Section 377 as a violation of the fundamental rights guaranteed by the Constitution. However, its decision was overruled in 2013 by the Supreme Court. Today five years down the line, the court is hearing the appeal against it once again and let’s hope the verdict is just what we all want to hear.