A THESIS ON ARTICLE 377
“Why is it that, as a culture, we are more comfortable seeing two men holding guns than holding hands?” -Ernest Gains
To question our inherited culture, our social structure raises enough issues to compel us to think about whether we are right or wrong. In the 21st Century, the inclusion or seclusion of the Lesbian Gay Bisexual Transgender (LGBT) Community on the grounds of Section 377 raised one of the most heated arguments in the country. As individuals it is imperative on our part to take progressive steps in the society on grounds of Equality and Liberty to oppose Section 377which denies the LGBT Community of their rights through an invalid set of principles. You can control what clothes you wear, what food you eat, what you do for fun, what kind of people you talk to and who your friends are but what you cannot control is the inclination of preference towards the same gender. In a research work, Dr. John Tay says, “Genes make proteins not preferences. Genes do not force us, it is all indirect and we human beings do not have any control over it.” Section 377 violates Articles 14, 15 and 21 of the Indian constitution, which guarantee equality, freedom of expression and personal liberty to all its citizens. Upholding it would deny basic human rights to sexual minorities in the country. Further, it would inhibit a discussion on an issue already considered controversial and taboo, especially as discussion on sex and sexuality in any form is rare. Section 377 offends the guarantee of Equality enshrined in Article 14 of the Constitution, because it creates an unreasonable classification and targets homosexuals as a class which in turn disgusts towards a particular social group or vulnerable minority, which is not a valid ground for classification and states that "the State shall not deny to any person equality before the...
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