Accept gay relationships, says SC judge

Accept gay relationships, says SC judge

News:

  1. The Supreme Court hearing on a plea to strike down Section 377 of IPC.

Important facts:

2. Section 377:

  • Section 377 of IPC — which came into force in 1862 — defines unnatural offences.
  • It says, “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 a term which may extend to 10 years, and shall also be liable to fine.
  • It is rooted in the legacies of British colonial states where in it was introduced by Lord Macaulay in 1860 as a part of IPC.
  • According to the section “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished”.
  • Homosexual intercourse was made a criminal offense under Section 377 of the Indian Penal Code, 1860.

2. While clearing its signal for decriminalizing gay sex, the apex court has made following arguments:

  • Acceptance of gay relationship will help meet health concerns and control of HIV.
  • Same sex couples living in denial with no access to medical care were more prone to contracting and spreading sexually transmitted diseases.
  • The course of sexually transmitted disease is not sexual intercourse, but unprotected sexual intercourse.
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