Analysis of Section 377 of Indian Penal Code, 1860 which has been decriminalised and has provided new life and freedom to the LGBTQ Community.

1. DECRIMINALISATION OF
SECTION 377
PRESENTED BY: SWASTI CHATURVEDI
B.B.A. LL.B. VII SEM
SECTION- ‘B’
PRESENTED TO: MS. SHRINKHALA SWAROOP
SUBJECT:
GENDER JUSTICE AND
FEMINIST JURISPRUDENCE

2. INTRODUCTION
• The idea of human rights is the most common issue around the world.
• The very idea of human rights lies in the concept of “humans should be
treated as equal and anything that undermines it, is the violation of the
principle of equality.”
• Articles of 14 and 21 of the Indian Constitution rightly mentions equality
before the law and equal protection of law for all.
• In India, same-sex marriages were never recognised.
• LGBTQ stands for lesbian, gay, bisexual, transgender and queer. These
terms are used to describe a person’s sexual orientation or gender
identity.

3. SECTION 377 OF INDIAN PENAL CODE, 1860
• 6th of September 2018 was not an ordinary day.
• What marked the day special for the LGBT+ community was that,
the Supreme Court of India delivered a historical verdict
decriminalising homosexuality by partially striking down Section
377 of IPC.
• Section 377 talks about Unnatural offences, and hence, criminalises
intercourse against the order of nature with any man, woman or
animal which has now been struck down.

4. CASE LAWS
• National Legal Services Authority v. Union of India: On 15th April 2014,
the Supreme Court in its landmark judgment created the ‘third gender’
status for hijras or transgenders.
• Navtej Singh Johar v. Union of India: On 6th September 2018, a five-
judge Bench unanimously struck down Section 377 of the Indian Penal
Code, to the extent that it criminalised same-sex relations between
consenting adults. LGBT individuals are now legally allowed to engage in
consensual intercourse. The Court upheld provisions in Section 377 that
criminalise non-consensual acts or sexual acts performed on animals.

5. DIFFICULTIES FACED BY LGBT
COMMUNITY
• Inequality & Violence
• Deprived in Rights
• Isolation from society
• Conflict in Family itself
• Victims of Hate Crimes
• Attempt suicide
• Dropping out of school earlier etc.

6. CONCLUSION
It can be concluded that, although the landmark judgments and
rulings led to the advancement of LGBTQ rights in India. But still,
the LGBT people in India are not equal and don’t have the same
rights as those available to a heterosexual person. Further, they
are still subjected to violence, discrimination and hatred in all
spheres of life. Hence, it is very important to educate people about
LGBT rights.