Answer of the day-Sec 377

Q- What is Sec 377? What are the issues involved in it?What should be the way forward in your opinion?

Sol-Sec 377 of IPC deals with the criminalization of intimacy between same sex. It is an colonial era provision when such practice was criminalised all over the world. But in todays time, many countries have decriminalised such act and let indvidual enjoy thier rights wrt sexual orientation.

Issues involved with it are

1.Delhi HC had nullified this section in 2010 under Naz Foundation case but SC hav reinstalled it in Kaushal case

2.SC says that such people  having sexual

Orientation toward same sex are in minority thus court is not in the position to declare in their favour, it is only legislative who can make laws in this regard

3.But after SC declare right to privacy as fundamental right in Puttaswamy case, this again comes to limelight as sexual orientation is the part of right to privacy

4.Most countries like Norway, Switzerland etc have allowed same sex marriage

Way Forward

1.India should recognise the right of equality and right to life to such people as it shouldn't be the state prerogative in such personal matters

2.As many countries in the world have recognised it, india should also move with the time

3.Specially after right to privacy being declared FR, it is high time we give the freedom to people to choose their sexual orientation.