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Decriminalisation of Section 377 of IPC: Comparative analysis of scenario in India before and after the verdict by Amritha Priya Darshini

November 2, 2018:


While discussing the historical verdict of decriminalising of Section 377 IPC in our class, my professor funnily said that soon Section 497 IPC may also be decriminalised since both the provisions speak about the consensual physical relationship between adults.

But roughly within a month, the apex court ruled the verdict on the decriminalisation of Section 497 IPC.

I personally think that this verdict will impact India much more than the Sec. 377 IPC verdict.

However, I am supposed to write about the impact of Sec. 377 IPC verdict on India. The scenario before and after the verdict.

Section 377 IPC made unnatural sexual intercourse between two consensual adults or with animals, an offence that is punishable upto 10 years imprisonment.

Prior to the decriminalisation of Section 377 IPC, people who had a different sexual behaviour like Gay, Lesbian, Transgender & ors. lacked their fundamental right of following their sexual desire unlike the heterosexuals.

They could not enjoy a normal sexual life as of others. Now let me open my heart out and speak!

Sex becomes a very fundamental need for every adult human being and so also for animals.

A gay/ a lesbian/ a transgender is a human being and they also need sex to survive and it is their fundamental freedom.

Nobody restricts sex between heterosexuals and it is not questionable unless and until the issue of adultery gains its way ( but now after the Sec. 497 IPC verdict it is no more?).

Then, why the issue of commission of an ”offence” arose when people with different sexual desires have sex together?

This clearly violates their right to privacy. Where consent exists in the sexual intercourse between people with different sexual desires, nothing is affected.

Here, it is not rape but it is their right!

How come law can be applied in such a way to resists one person to exhibit their very basic fundamental right and make it a criminal and punishable offence?

Thus, prior to the decriminalisation of Section 377 IPC, India lacked the very essence of a democratic government that should be for the people of all preferences, choices and nature that also include Gay, Lesbian, Transgender, etc.

After the decriminalisation of Section 377 IPC, the controversial issue of Homosexuality which was seen as an untouchable sin, has now gained a good recognition among the people of India.

In future, same sex marriages would be legally recognised and be given all rights as that of a people with heterosexual nature.

Same sex intercourse is an emerging culture in every part of the world.

So, the law regarding the same must be developed accordingly. I think India has set an example so as to give an initiative to other nations who are against homosexuality.

An Indian man who has married a foreign man in a same sex marriage can now enjoy his marriage life in India, his motherland too!

So, the decriminalisation of Sec. 377 IPC has given recognition to all kinds of sexuality that exist in nature.

Thus, decriminalisation of Section 377 IPC is a welcome move by the Apex court. It has brought an end to the untold agonies of LGBT communities and their sufferings.

Article by Amritha Priya Darshini

5th Year, School of Law

Sastra University

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