Beginning To The End Of Prejudice

The Supreme Court striked down a 158-year-old controversial legal provision of section 377, thus legitimizing same-sex relationships, it also signalled an end to prejudice, which it argued has bedevilled India.Essentially, the ruling came as a strong endorsement of the idea of diversity at a time when the country is deeply polarized along ethnic, religious and caste lines.The judgement was pronounced by a Constitution bench headed by Chief Justice of India Dipak Misra and justices Rohinton Fali Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra.

Section 377 of Indian Penal Code describes Unnatural offences—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.

For this section, penetration is sufficient to constitute carnal intercourse. The section also has various implications for heterosexuals. According to the meaning of the section if a man and a woman engage in sexual activities which are against the order of nature they will be punished with imprisonment for life and/or fines. This means that anal sex and oral sex are against the order of nature as they do not contribute to the process of reproduction. However, a lot of people engage in anal and oral sex behind the four walls of their homes and yet they go unpunished. No case so far has been registered against any heterosexual for engaging in sexual activities against the order of nature. Most people are unaware of the interpretation of this section and the implications on heterosexuals. This is a really old law introduced during the time when the British ruled India but times have changed,the concept of sex is no more as much of a taboo .

We live in the 21stcentury and it is time to break free from the shackles of orthodoxy and embrace the progressive laws. Homosexuals do not harm the society, criminals do.Homosexuals are not detrimental to the society as consent is involved and activities take place between two adults. It does not harm any third person in the society. On the other hand, rape does not involve consent and the country should be focusing on punishing rapists and other criminals instead of criminalising sexual activities between consenting adults and punishing the innocent.

There are so many progressive laws that India needs to make as soon as possible.Don't you guys agree?

Look for a rainbow in every cloud.-CJI Deepak Mishra