- Recently the Supreme Court (SC) had upheld Section 377 of the Indian Penal Code (IPC), according to which homosexuality or unnatural sex between two consenting adults is illegal and an offence. With regard to this the Union Govt has moved the apex court seeking a review of its ruling.
Union Govt’s view:
- According to the Union Govt., the SC’s ruling is contrary to the principles of equality and liberty which is mentioned under Articles 14, 15 and 21 of the Constitution.
- Moreover, Section 377 which criminalises intercourse ‘against the order of nature’ is a reflection of outdated law of the United Kingdom which was transplanted into India in 1860. But now with passage of time it has become arbitrary and unreasonable.
- Also the SC’s observation that only a miniscule had been penalised so far under the law was ‘irrelevant when it comes to deciding an issue of constitutionality.’
- The Centre had filed a review petition inorder to avoid a grave miscarriage of justice to thousands of LGBT [lesbian gay, bisexual and transgender] persons, who have been aggrieved by the order and have been put at risk of prosecution and harassment, upon re-criminalisation of their sexual identities. Following the High Court judgment that decriminalised, adult consensual sexual acts in private, including homosexual acts, a considerable number of LGBT persons had come out in open about their sexual orientation and identity in their families, and at workplaces, educational institutions and public spaces. All these people would now suddenly become vulnerable to abuse and discrimination and require immediate relief.
No comments:
Post a Comment