Decriminalization Of Sec 377 Was Necessary To Put An End To The Double Standards.

Deepti Nayak
Jun 27, 2019   •  6 views

It is not a disease people don’t get infected by, by watching or talking to homosexuals or engaging in sexual acts with them; people are born that way.Now the question if they are born in that way then that's their fault in it. Why should a human be barred of his/her rights? . why they are supposed to get punishment when they did nothing wrong?

People often consider the term homosexuality as against their religious holy writ and as a sin, but the religious orthodoxies usually fail to see that there is consent involved in such relationships.Sometimes people often compare rape with homosexuals, but the reality is very different. The subject of homosexual relationship does not circumscribe rape. Raping is a sin as the offender does not take the consent of the victim before raping, and it amounts to a heinous and most shameful crime. But here it is entirely different Homosexuality is not a sin as two adults are engaging in sexual activities with each other's consent; it’s unique which they want to share.

we live in the 21st century, and it is time to break free from the chains of orthodoxy and accept progressive laws. Homosexuals are not criminals, so they aren't harmful to society,Homosexuals are not damaging society in any way as consent is involved and activities take place between two adults. It does not bring a destructive effect to any third person in the community.Sexual activities between consenting adults and punishing don't make any space; it's similar entering to someone's private arena.

Now coming to the decriminalization of sec 377, it was very much essential to strike down sec 377 because it was showing the double standard of Indian legal system wherein one hand It violates Article 14 of the Indian Constitution which guarantees equality before the law to all individuals.

It infringes Article 15 of the Indian constitution, which ensures that no person shall be discriminated against based on caste, gender, creed, etc.

It infringes Article 21 of the Indian constitution which ensures the right of life and liberty to all the citizens of the country.

it is a concept that is widely accepted throughout the world, and it is time India moved ahead with taking progressive laws to join other nations on the path of development and progress. So the sec was violating all the basic fundamental rights provided to the Indian citizens under the constitution of India. So decriminalization was necessary to put a full stop to the double standard.