Scrapping Of Section 377 - The Latest Addition To Human Rights Protection

The constitution of India is the safeguard of citizens of our country and to ensure this fact various Articles and Sections are mentioned in the constitution which regulate the country without discrimination. A Section is used for procedural or substantive laws. One such section which focuses on criminalizing all sexual acts against the 'order of nature is: "Article 377". But now after the Supreme Court Judgement, the 'Section 377' has been scrapped. Let us enhance our knowledge about this Section and this Judgement in deep.

Section 377 was a section of the "Indian Penal Code (IPC)" that was used to prosecute people engaging in homosexual activity. Although 'Section 377' did not openly include the term 'homosexual' nonetheless it has been used in this sense only This code was formed in the British period, as part British Colonial Penal Code, in 1862 and functions as a legal impetus behind the criminalization of what was referred as 'unnatural offenses. Although the colonies vanished still the section remained in the 'India Panel code (IPC)'. The section was modeled on the "Buggery Act of 1553" which consider homosexual activity illegal. The volunteer would be punished for such 'unnatural offenses.

But it was started by the society to accept these activities and this created a demand to reform Section 377. On 24 August 2017, the Supreme Court made the "Right to Privacy" a Fundamental Right, and the Supreme Court also stated that the protection of sexual orientation lies at the core of Fundamental Rights. This judgment made a spark against discrimination and spread awareness among the people about "Transgender" and raised the social acceptance for "self-identified gender". This helped to remove the barriers of prejudice that were earlier denied to these sections of people. The spark later turned to fire leading to violence and in January 2018, the Supreme Court agreed to file a petition on the matter. Thereafter, a Bench of five Judges, comprising 'the then Chief Justice: Deepak Mishra', was discussed on the Agenda. And finally, a Revolutionary judgment passed by the Supreme Court of India on 6 September in 2018 stated that these activities which are regarded as 'unnatural offenses' between adults was not rational, equal, and constitutional and hence it became 'the Latest Addition in Human Rights Protection'.