February 11, 2022

DECRIMINALIZATION OF SECTION 377

Equality means more than passing laws. The struggle is really won in the hearts and minds of the community, where it really counts. – Barbara Gittings

Article 14 of the Constitution of India guarantees equality before the law to the people. It states that the state will not deny equality before the law or equal protection of the law to any person on the territory of India. No discrimination on the basis of creed, colour, caste, sex or place of birth. The burning question is whether gay people in the country feel they are being treated fairly and discriminated against. Answering these questions requires a closer look at life in the LGBT community. The decriminalization of Section 377 gave them a glimmer of hope, which was reflected in the  way  they executed their sentences, but they had no idea that the situation at the time would improve so easily. Prior to the  sentence, LGBT groups were subjected to various insults. There are numerous instances where the vulnerability of  LGBTQ+ Indians has been demonstrated as a result of Section 377. According to Article 377, homosexual couples who met in parks or public places were detained and threatened. Homosexuals were raped and exploited. Under the law, they were considered criminals. Section 377 of the IPC called for a complete ban on sexual practices performed by the LGBTQ community. This increases your risk of contracting and transmitting HIV  and other sexually transmitted diseases due to high-level risky behaviours and insufficient ability to make decisions to protect yourself from infection. In addition, the person concerned made it very difficult to obtain medical assistance because of the fear of ‘exposure’. They have been bullied and harassed by both private and public authorities.

The LGBT network unearths itself helpless with regards to reporting rapes and different attacks due to the fact there may be no such regulation that could assist them. It is excessive time for India to increase gender-impartial rape-legal guidelines. The authorities ought to recognize how crucial it’s miles for residents to unfold awareness. There`s a want for the Indian curriculum to encompass intercourse education. It is vital to set up right healthcare offerings and healthcare facilities that could cater to the gay network`s unique needs.

 Through the above evaluation it’s also obtrusive that even after decriminalizing Section 377 of the IPC, the homosexuals of the state aren’t benefited withinside the manner they had been predicted to be. All that they are able to do currently is to have non-public consensual intercourse.

 When it involves equality, the LGBTQ network in India lacks it. They aren’t getting the primary rights that a heterosexual could get. They nevertheless can`t get married or undertake children. What India requires nowadays is extra legal guidelines that could guard the gay network or at the least create area for them withinside the present provisions. It is time that we take delivery of truth and, in keeping with it, amend ourselves. Homosexual people are simply as human as heterosexual people and we ought to start to take delivery of them as they are.

The 21st century  has evolved to the point where men can choose their  partners and choose their  sexual orientation, but  certain stereotypes make Indians still not  ready to accept  that two people belong to the same person. Same gender can fall in love and spend life together. Two years after the decriminalization of  section 377 of the Criminal Code, homosexuals are still fighting for their place in Indian society. When Section 377 of the Criminal Code was decriminalized, people in the LGBTQ community thought it would be a great step forward for the community, but gradually  realized there was a long way to go.

 Allowing consensual sex does not grant any other rights that heterosexuals may have. They still have to fight every day. The rise in gay suicide creates a startling situation that calls for a turn to the needs of the LGBT community. Every lost life is a reminder that there is discrimination  in society. Perhaps the greatest tribute to the deceased is when they  see others like them live the life they want with dignity and dignity with  their chosen spouse. A nation can only arise when all parts of the nation arise.

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