Democracy And Section 377


A revolutionary step has been taken by the supreme court regarding section 377 of the IPC. In a drastic turn of events the NAZ foundation along with several LGBT personnel filed a petition regarding the amendment in section 377. As the curative petition which was accepted by the supreme court and referred to a 5 judge bench. The last which was heard about the decision of the supreme court was in 2013 in which the decision was taken by the apex court which upheld the validity of section 377.


After the rejection of many pleas filed regarding the 2013 decision and the court rejecting all of them the recent decision to check the validity of this law has brought a new light in the lives of the LGBT community who till now have lived in the constant fear of being prosecuted for their sexuality. Many took to the streets after this as they see a new hope of progress in the country, praising the decision of the apex court and cheering for the bright days that they see ahead.


The issue raised was that the law which was made in 1860 during the British rule is unconstitutional as it violates the basic principles of life and liberty not to mention that the law enacted is more than a century old and is totally invalid in today’s time should be scrapped. In 2009 the high court of Delhi gave the decision that section 377 is unconstitutional but later the decision was overturned in 2013 much to the dismay of many.

Many celebrities also joined in to show their support, the likes of aditi rao hydari and many others posting on twitter how this is a major progressive step for us as a community.


With this new way which is paved by the NAZ foundation and the team of lawyers with them it will be interesting to see how the events unfold. Thought only in the initial stages right now there is still a very long way to go before a major change can be seen.


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