'Section 377 is irrational, arbitrary and
incomprehensible', says Supreme Court.
In
a historic and unanimous judgment, the Supreme Court of India has
decriminalized section 377 of the Indian Penal Code (IPC), as per which
homosexuality is a punishable offence. The five-judge constitutional bench was
unanimous in its decision.
The
medical community has always considered homosexuality as a normal and natural
phenomenon and not a disease or crime.
It
becomes important now for a medical doctor to know if the person is a LGBT.
Till now, many of them did not come forward and disclose their orientation
fearing the law.
The
job of a doctor or the judiciary is to change with the changing times and
broaden, delete or re-interpret the laws as per the changing needs of the
society.
It
is indeed heartening to note that the Court is now coming to the rescue of
people, which will help reduce the mental and social disorders in the society.
Following
are some key observations of the Supreme Court (TOI).
“Progressive and pragmatic view should be taken by the court to come to the rescue of the oppressed section of society. The law must be interpreted as per the requirement of changing times”, says Supreme Court.
“The court must try to protect the dignity of every
individual of the society, including people from LGBT community. Sexual
orientation is natural and people have no control on it.”
“Consensual sex between adults in private space, which is
not harmful to women or children, cannot be denied as it is a matter of
individual choice.”
“It amounts to a retrograde step if we accept the verdict
on criminalizing gay sex”
“Section 377 of the IPC was a weapon to harass members of
the LGBT community, resulting in discrimination.”
“Any kind of sexual activity with animals shall remain
penal offence under Section 377 of the IPC.”
SC
terms “sexual orientation as biological phenomenon, says any
discrimination on this grounds is violative of fundamental rights.”
“Constitution nurtures dissent as safety valve of
society, we can't change history but can pass way for better future.”
Chief Justice Dipak Misra: “Sustenance
of identity is the pyramid of life. Right to privacy as part of right to life
applies fully to LGBT community. Suresh Koushal judgment of SC in
2013 is retrograde.”
Justice RF
Nariman: Homosexuality is not a mental disorder, which
has been also recognised by Parliament. Centre must give wide periodic
publicity to the SC judgment to eliminate stigma attached to LGBT community.”
Justice Chandrachud: “State has no
business to get into controlling the private lives of LGBT community members or
for that matter, any citizen... Decriminalising gay sex is only the first step
to bury the Colonial Ghost, adding that time has come to move forward and give
the LGBT community the other constitutional rights…Denial of right to sexual
orientation is akin to denial of right to privacy.”
Justice Indu Malhotra: “History
owes an apology to members of LGBT community and their families for
ostracisation and persecution they faced because of society's ignorance that
homosexuality is a natural trait; its penal suppression infringes a host of
fundamental rights.”
Related links
Dr KK Aggarwal
Padma
Shri Awardee
Vice
President CMAAO
Group
Editor-in-Chief IJCP Publications
President
Heart Care Foundation of India
Immediate Past National President IMA
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