Just Gender: An Approach to S. 377 IPC

ABSTRACT: This paper explores the perspectives of s. 377 of Indian Penal Code. Various elements have been contrasted out which has been the matter of debate is context to the rights of third gender. The idea is to bring out the historical perspectives of determining the social perspectives of s.377 and its effect in the present times. We live in diversified society wherein people of different cultures, religion live in together. Judicial orders bring out the betterment of society and different colors of reforms which are required for the development of society. 

Keywords: Just Gender, Cultural Group in India, Social Behavior


Introduction

Laws in India are given by britishers. One of the most debatable issue today has been the rights of third genders and its relevancy in Criminal Justice administration under S. 377 of IPC which is treated as gift by the British rule.  It is based on the act of 1533 by the Parliament of England during the reign of King Henry VIII used to criminalize the sexual activities “against the order of nature”. S. 377 of Indian Penal Code criminalizes homosexual relations which has no jurisprudential justification as it makes consensual voluntary sexual act. The state cannot use its power to punish a particular practice on grounds of immorality only because of majority believes in it but this law also defines a criminal class not by virtue of its social behavior but also by sexual orientation.


Analysis Of the Impact of Judicial Decisions

Analyzing the orders of the court, there tends be some positive and negative impact of S.377 Indian Penal Code. Contrasting out the same the decision of court can be positive in nature for one but negative on the other side of coin for others.

Ensuring fundamental rights under article 14, 15 and 21guaranteed in the Indian Constitution the LGBT community would enjoy their right to choose, right to equality, right to life and liberty, right to live with dignity and non – discrimination based on sex. Justice Deepak Misra, former Chief Justice of India contrasted out that a section of people that falls under the LGBT community could not live-in fear of law which hinders away their rights.