section 377
Rahul Singh
BA-20141361LLB,2014
Section-C
Take home assignment Section-377 :killing democracy democratically Section 377 of the Indian Penal Code: Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
Being an Indian we take pride on being a part of worlds biggest existing democracy . but today our is under the shade of doubts. Our so called is democracy is actually democratic or is dictatorship in the skin of democracy ? is this democracy able to fulfill all those promises which it does in it’s the vary basic text “constitution of india” . part III of our constitution states freedom of living , right to equality too is our basic right but the question is that does every one in this nation actually given equal rights ? equal opportunities to live their lives the way they want ? does everyone get the equal share of “right to freedom” ? Going back in recent history, 2 july 2009 high court gave decision stating that section 377 is totally unconstitutional as it violates ones right to freedom further on 11 december 2013 this decision was overruled by the supreme court of india stating that once the bill has been passed by the parliament now its not the work of judiciary to amend it or to declare it unconstitutional so for now it’s totally up to the parliament what to do on this issue. But since then there has been no big step taken towards the issue neither by judiciary nor legislation. In this game of passing the ball between the judiciary and legislation the one who are getting adversely effected are the LGBT’s; lesbian gay bisexual transgender. Is this delay happening just
BA-20141361LLB,2014
Section-C
Take home assignment Section-377 :killing democracy democratically Section 377 of the Indian Penal Code: Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
Being an Indian we take pride on being a part of worlds biggest existing democracy . but today our is under the shade of doubts. Our so called is democracy is actually democratic or is dictatorship in the skin of democracy ? is this democracy able to fulfill all those promises which it does in it’s the vary basic text “constitution of india” . part III of our constitution states freedom of living , right to equality too is our basic right but the question is that does every one in this nation actually given equal rights ? equal opportunities to live their lives the way they want ? does everyone get the equal share of “right to freedom” ? Going back in recent history, 2 july 2009 high court gave decision stating that section 377 is totally unconstitutional as it violates ones right to freedom further on 11 december 2013 this decision was overruled by the supreme court of india stating that once the bill has been passed by the parliament now its not the work of judiciary to amend it or to declare it unconstitutional so for now it’s totally up to the parliament what to do on this issue. But since then there has been no big step taken towards the issue neither by judiciary nor legislation. In this game of passing the ball between the judiciary and legislation the one who are getting adversely effected are the LGBT’s; lesbian gay bisexual transgender. Is this delay happening just