Shruti Bohra, Gitarattan International Business School, GGSIPU
ABSTRACT
Gender identity has been a debatable topic for over a decade which came in limelight after the recent Supreme Court judgement. On 6 September 2018 a historic judgement was pronounced by the Supreme Court which decriminalized Section 3771 of IPC and consensual sex between two gays become legal.
This article aims to bring the light on that community of our country who have struggled for almost 70 years for their fundamental rights. Section 8 of IPC defines gender as “The pronoun "he" and its derivatives are used of any person, whether male or female.” IPC recognizes only two genders which is a perfect depiction of how LGBT community is discriminated in the Indian society.
Decriminalization of Section 377 marks an end to all the sufferings, trauma and injustice face by the LGBTQ community.
Section 377 reads: “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 ten years, and shall also be liable to fine.”
Section 377 is that toxic part of the Indian Penal Code which was given to us by the Britishers during their ruling period.
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