Section 377: Historical Wrong Needs Correction
Tehelka|March 31, 2018

A three-judge bench is set to re-examine the constitutional validity of Section 377, that must be nullified with the changing milieu worldwide in the interest of the perpetually harassed communities of sexual minorities.

Ashok Kumar Yadav

In the wake of the landmark ruling of the nine-judge bench of the Supreme Court elevating the ‘right to privacy’ to the level of fundamental rights, Section 377 of the Indian Penal Code, a progeny of the colonial-era Buggery Act of 1533, appears set for a total revamp. The impugned provision which criminalizes sexual activities which are “against the order of nature” is on the radar of the apex court. The judicial initiative has pumped in buoyancy among the lesbian, gay, bisexual, transgender and queer (LGBTQ) communities known for practising their own sexual preferences.

How the Supreme Courterred

With an epoch-making judgement delivered in July 2009, the Delhi High Court removed Section 377 from the statute book which was, however, ultimately reversed by the SC on December 11 2013, declaring that amending or repealing the IPC provision should be a matter better left to the wisdom of Parliament.

While adjudicating Suresh Kumar Koushal versus NAZ Foundation, the SC bench of Justices GS Singhvi and SJ Mukhopadhaya intriguingly not only validated the British-era provision but also inverted the 2009 verdict which had held Section 377 violative of Articles 14, 15 and 21 of the Constitution. A review against the 2013 decision was also dismissed and a curative petition moved thereafter is still pending in the Supreme Court.

Protector of rights

On August 24 last year, the SC while inventing the ‘right to privacy’ as yet another fundamental right also agreed to revisit its 2013 order which not only revived Section 377 but also re-criminalized gay sexual relations. Accordingly, the three-member bench headed by then Chief Justice of India T.S. Thakur issued notice to the Centre seeking its response to a writ petition filed by five members of the LGBTQ communities that had accused the police of perpetual stalking.

Continue reading your story on the app

Continue reading your story in the magazine

MORE STORIES FROM TEHELKAView All

How Inaction In Civilian Killings In Shopian Undermines Mehbooba

With disagreements with its coalition partner BJP and the Supreme Court getting involved, the space for the J&K government to take action in cases of alleged human rights violations has further shrunk and the Army has virtually become out of its bounds,

5 mins read
Tehelka
March 31, 2018

Nirav Modi Scam: Bank Officers Hold RBI Responsible

Pointing out failures of the RBI and the Centre, the banking sector has expressed that PSBs play a key role in the Indian economy that needs a strong system to expand on the growth trajectory.

9 mins read
Tehelka
March 31, 2018

After One Year Of Yogi Sarkar, Masses Await Development

The performance of the BJP government led by chief minister Yogi Adityanath is far from satisfactory in Uttar Pradesh, a politically significant and volatile state. It’s time for him to give up communal rhetoric and focus on meeting his poll promises pertaining to people’s well-being.

5 mins read
Tehelka
March 31, 2018

BJP's Pompous March Interrupted

The ruling BJP’s defeat to the SP, backed by the BSP, comes as a shock to the saffron party that has been confident of its surges and a question mark on the strategies of its leaders. 

2 mins read
Tehelka
March 31, 2018

Regaining Paradise Lost

The Left’s defeat in Tripura was more a success of the BJP’s thunderous campaigning and the ruling government’s failure to make people realise its achievements during the quarter-century of its rule. The ground is now fertile for the Left to change its stubborn style of functioning and make a comeback,

7 mins read
Tehelka
March 31, 2018

Tripura Results: Left Needs To Brace For Change

Despite converting a troubled state into a well-managed province, the Left could not portray itself in the correct spotlight to counter the BJP’s maligning campaign.

7 mins read
Tehelka
March 31, 2018

North- East Saffronised But Losses In Up, Bihar Rattle BJP

The Bharatiya Janta Party’s clarion call ‘Chalo Paltai’ (Let’s Change) has had strong resonance with North-East’s young aspirational voters. With its performance in the North-East, the BJP has come a long way to rule over a large part of India and position itself strongly with a new momentum for the next Lok Sabha polls. However, the euphoria has been short-lived with the saffron party getting a drubbing in by-polls in major constituencies of UP and Bihar., opines Charanjit Ahuja.

6 mins read
Tehelka
March 31, 2018

Khalistan Was Nehru's Reply To Jinnah's Pakistan

The issue of Khalistan is rather a non-issue for a majority of Sikhs. Instead of giving it undue weightage, the leaders would do well to focus on the genuine and constitutional demands of the community.

9 mins read
Tehelka
March 31, 2018

Section 377: Historical Wrong Needs Correction

A three-judge bench is set to re-examine the constitutional validity of Section 377, that must be nullified with the changing milieu worldwide in the interest of the perpetually harassed communities of sexual minorities.

5 mins read
Tehelka
March 31, 2018

Woes Of Domestic Helps Go Unheard

The fight for women power should not be limited to upper and middle class females but should also focus on the rights of poor and marginalized women 

5 mins read
Tehelka
March 15 ,2018
RELATED STORIES

GOODBYE GAS: VOLVO TO MAKE ONLY ELECTRIC VEHICLES BY 2030

Volvo says it will make only electric vehicles by 2030. But if you want one, you’ll have to buy it online.

1 min read
AppleMagazine
AppleMagazine #488

GOOGLE VOWS NO NEW USER TRACKING IN CHROME TO SELL ADS

Google says it won’t develop new ways to follow individual users across the internet after it phases out existing ad tracking technology from Chrome browsers, in a change that threatens to shake up the online advertising industry.

2 mins read
AppleMagazine
AppleMagazine #488

WITH HONORS

2020 PANINI HONORS FOOTBALL MIXES PAST WITH PRESENT

1 min read
Sports Card Monthly
March 2021

ZOOM POSTS BIG QUARTER EVEN AS SUBSCRIBER GROWTH SLOWS

Zoom’s astronomical growth is tapering off along with the pandemic, raising questions about whether the videoconferencing service’s immense popularity will fade as more people return to classrooms, offices and other places that have been off-limits for the past year.

3 mins read
AppleMagazine
AppleMagazine #488

DOUBLE-THREAT JOURNALIST

WRITER AND SPORTS CARTOONIST MURRAY OLDERMAN ACCOMPLISHED A LOT IN HIS 98 YEARS, INCLUDING DRAWING SOME OF THE EARLIEST SKETCH CARDS

4 mins read
Sports Card Monthly
March 2021

CHINA NOT READY TO ALLOW THE BOEING 737 MAX BACK IN THE AIR

Beijing isn’t ready to follow the United States in allowing Boeing’s 737 Max back into the air after a pair of fatal crashes two years ago.

1 min read
AppleMagazine
AppleMagazine #488

THE PEOPLE'S CHAMP

TOPPS’ ONLINE SET LOOKS AT LEGEND’S LIFE, CAREER AND LEGACY

2 mins read
Sports Card Monthly
March 2021

MILAN DESIGNERS HIT RESET BUTTON DURING DIGITAL FASHION WEEK

Fashion is off the hamster wheel, taking a deep breath that is allowing some freshness to seep into the once relentless cycle.

4 mins read
AppleMagazine
AppleMagazine #488

General hospital

General hospital

3 mins read
Soap Opera Digest
March 01, 2021

MJ'S NEXT DANCE

MICHAEL JORDAN’S LEGACY, ALONG WITH JUST ABOUT ALL HIS CARDS, ARE SOARING TO UNPRECEDENTED HEIGHTS.

3 mins read
Sports Card Monthly
March 2021