Homosexuality Not a Crime in India – Supreme Court Judgment 2018 | Supreme Court decriminalized section 377 homosexuality



 Homosexuality Not a Crime in India – Supreme Court Judgment 2018 | Supreme Court Decriminalized Section 377 IPC 06 September 2018

Nowadays, homosexuality is in the news headlines across the country, due to which the recent Supreme Court judgement came. Earlier, homosexuality was a punishable offence under Section 377 of the Indian Penal Code, but as soon as the Honourable Supreme Court's judgement came in favour of homosexuality on September 06, 2018, homosexual people have been cheering and honourable Supreme Court fired and decriminalised homosexuality from Section 377 of the Indian Penal Code. Means, homosexuality is not a crime according to the Indian Penal Code. The homosexual had been asking for legal rights for many years, but now they have been granted legal recognition by the honourable Supreme Court. In this article, I will tell you –

  •  Homosexuality decriminalised by the Supreme Court
  •  What is homosexuality?
  • What is gay, lesbian, bisexual and transgender?
  • Registered crime against Homosexuality in the year 2016 (Top Three States)
  • Section 377 Indian Penal Code

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Homosexuality Not a Crime in India – Supreme Court Judgment 2018 | Supreme Court Decriminalized Section 377 IPC

Supreme Court Judgment 06 September 2018:-


 Homosexuality isn't a wrongdoing in India any longer and it's anything but a psychological issue, five Supreme Court judges announced on Thursday in a stupendous jump for gay rights in the nation and a rainbow crossroads in its history. The Supreme Court overruled its own particular 2013 choice and somewhat struck down Section 377, a questionable British-time law that prohibited consensual gay sex. The boycott is unreasonable, weak and clearly self-assertive, the judges said, on the historical judgement.

The Supreme Court has stuck to the right to live a life with personal preference and respect, in concert with the consent of the gay or lesbian couple; two same-gender adults have made relations out of the category of crime. The court, on the basis of sexual orientation, discriminated against homosexuals by denouncing their fundamental rights, saying that they also have the right to live life with dignity. Along with that, the court has cancelled the portion of Section 377 of the IPC, which declared homosexuality an offence. 

 However, with regard to the relationship made with or without consent or with the consent of the minor, such offence will continue to be punishable under sections 377. The decision on this far-reaching outcome has been made by the Constitution Bench of Chief Justice Deepak Mishra, Justice RF Nariman, AM Khanvilkar, DY Chandrachud and Justice Indu Malhotra on Thursday. Four judges of the bench gave different judgments, but all the decisions were agreed. Justice Deepak Mishra himself and Justice Khanvilkar made a decision same. The other three judges gave different decisions while agreeing with the CJI. The Supreme Court has dismissed its 2013 Suresh Kaushal judgment. In this verdict, the bench of two Supreme Court judges dismissed the Delhi High Court's decision on the 2009 Naj Foundation case.

 Let’s know about what is homosexuality? What is the section 377 Indian Penal Code:
And what are the meaning of gay, lesbian, bisexual and transgender?

Section 377 Indian Penal Code:


377. Unnatural offenses.— Whoever deliberately has lewd inter­course against the request of nature with any man, lady or creature, will be rebuffed with 1[imprisonment for life], or with impris­onment of either portrayal for a term which may reach out to ten years, and will likewise be subject to fine. Clarification.— Penetration is adequate to constitute the fleshly intercourse important to the offence portrayed in this area.

What is Homosexuality:-


Homosexuality is sentimental fascination, sexual fascination or sexual conduct between individuals from a similar sex or sex. As a sexual introduction, homosexuality is "a continuing example of enthusiastic, sentimental, or potentially sexual attractions" to individuals of a similar sex. The term gay is every now and again utilized as an equivalent word for gay; female homosexuality is frequently alluded to as lesbianism.

What Is Lesbian, Gay, Transgender and Bisexual:-



LESBIAN
Women who encounter sexual, sentimental, physical, or potentially profound fascination in other ladies.
 GAY
Men who are attracted to men in a romantic, erotic and emotional sense.
Bisexual:
A man who encounters sexual, sentimental, physical, or potentially otherworldly fascination in individuals of their own sex and additionally different sexes, not really in the meantime, similarly, or to a similar degree.

TRANSGENDER:
A man who lives as an individual from a sexual orientation other than that normal in light of sex or sex doled out during childbirth. Sexual introduction shifts and isn't reliant on sex personality.

TRANS-WOMAN: 
A character name in some cases embraced by male-to-female trans-individuals to mean that they are ladies while as yet asserting their transgender history.

TRANS-MAN:
A character name in some cases embraced by female-to-male trans-individuals to mean that they are men while as yet asserting their transgender history.

Registered crime against Homosexuality in the year 2016:


When homosexuality was a crime that much first information report was registered every year against homosexuality.
The top three states where homosexuality regarding crime was registered in 2016 according to the National Crime Record Bureau as follow-

Table registered crime of homosexuality (377 IPC):-


States
Registered case crime (377)
Uttar Pradesh
999
Kerala
207
Delhi
183


Conclusion:-

The purpose of constitutional democracy is to make a progressive change in the society. Our Constitution holds the concept of change. Its provisions should not be taken literally. In its interpretation, the intention of changing time should be reflected. In the interpretation, not only is the recognition of living more personal and respect, but it has created an environment in which each person gets an opportunity to have social economic and political uplift.

This progressive Supreme Court decision has given great relief to the gay community (Lesbian, Gay, Bisexual and Transgender) communities. The LGBT community was fighting for a long time to make it legal. Several petitions challenged Section 377, which declares relations to be a crime. After this, India is also in those countries, where gay relations have legal recognition.

In last, I want to tell you that Supreme Court clarifies after the day of judgement that homosexual may be a couple but not a life partner.

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