Section 377 of the Indian Penal Code criminalises sexual activities 'against the order of nature', including homosexual activities.
Every cloud has a silver lining. The Supreme Court's order that referred the curative plea against Section 377 of the Indian Penal Code (IPC) to a five-judge constitutional bench gives India's LGBT (Lesbian, gay, bisexual, transgender) community members a ray of hope. The LGBT group members celebrated the verdict by dancing and singing.
Section 377 of the IPC criminalises sexual activities 'against the order of nature', including homosexual activities.
The Supreme Court, which had in 2014 rejected a review petition, today referred the curative plea to reconsider the ban on gay sex to a 5-judge bench. The petition was filed by NGO Naaz Foundation and others seeking a relook at its verdict upholding the validity of Section 377 of Indian Penal Code that criminalises homosexuality.
A bench headed by Chief Justice TS Thakur referred the petition to the five-judge bench. Senior counsel Kapil Sibal argued in the court that the issue involved a question of far-reaching constitutional importance and must be heard by five judge bench.
In today's prime-time show, News Today, Bollywood actor Manoj Bajpai, who played the role of a gay professor in director Hansal Mehta's film Aligarh, Anjali Gopalan, Rights activist and founder and executive director of NGO Naz Foundation Trust and Christian political activist John Dayal who seeks to protect the rights of Christians, debated if Section 377 should be scrapped in India. Zafaryab Jilani, legal advisor to the All India Muslim Personal Law Board (AIMPLB), Gay rights activist Harish Iyer and Pawan Dhall from Kolkata also joined the debate.
Welcoming the apex court verdict, Anjali Gopalan said she hopes that time has come to decriminalise Section 377 of the IPC. "I am so glad the SC verdict still gives us a ray of hope," Anjali said.
Dayal, who is against the idea of scrapping Section 377, said, It is an opportune moment to start understanding them and if required do that...I don't want police men in bedrooms."
However, AIMPLB member Jilani said what is wrong should be banned. "Gay sex and gay marriage is against the order of the nature and the apex court should not take steps to decriminalise gay sex in India..."
Launching a scathing attack on Jilani, Pawan Dhall questioned, "Who decides what is the order of the nature? Any one person's idea can't be imposed on the rest of the people of the country."
Harish also expressed similar views. He said, "Homosexuality is found in 450 species of animals and it has been removed from the list of psychiatric disorders".
Actor Manoj Bajpai also supported gay sex and gay marriage in the country and explained how the release of Aligarh was overwhelmingly supported by thousands of people.
- 1.India is one of 75 countries around the world that outlaws homosexuality, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association
- 2.UK, Ireland, USA, France, Spain, South Africa and Nepal support gay sex
- 3.In Uganda, Nigeria, Saudi Arabia, Sudan, Yeman and Iran gay sex invites death punishment
- 4.The LGBT debate has been thrown open as SC refers LGBT case to 5-judge bench, the apex court to review ban on homosexuality
- 5.SC order raises hope for over 2.5 million Indian LGBT community
- 6.The LGBT law of 1860 law is still valid in 2016
No comments:
Post a Comment