LGBT Rights – The Seemingly Insurmountable Hurdle of S. 377 I.P.C

Publisher

Jus Dicere Center of Research in Law

Recognition Number

ISBN - 978-93-5291-911-6

Publication Date

February, 2018

Co-Author

Vageesha Shushan

Excerpt

S.377 I.P.C. criminalizes homosexuality and makes it almost impossible for people to openly state their sexual orientation if they happen to belong to LGBQT community. Imported from Victorian England, inspired by the religious ethos and put in the statute books by Macaulay—a true British politician who really knew what “against the order of nature” meant, this section was destined to shine in the bad light one day. This paper traces the history of the section, deals with its evolution along with referring the case laws that helped it shape into the behemoth it has become today. This research paper argues for amendment of the section to remove the part that criminalizes homosexuality rather than its complete removal from I.P.C. Primary Research conducted for the sake of this research paper also points out that only decriminalizing homosexuality won’t help in achieving the goal of equality laid down in the constitution. For fulfilling the constitutional mandate, the court will have to legalize the same-sex marriage too. The fault isn’t only in our laws and statue books, the blame shouldn’t entirely be heaped on the head of law-makers. We, collectively as a society, are also responsible. Our archaic thinking and support for the ancient politicians when they spout nonsense such as “homosexuality is a disease” is also one of the many reasons why we find men and women being rounded up and beaten on the suspicions of being gay and lesbians. This paper rationally argues and explains why religion, conservative thinking, and backward social behavior can’t be accepted as the raison d’être for homophobia.