On 06.09.2018 with the stroke of judicial wisdom, the Supreme Court unanimously turned down 158years of colonial law that was criminalizing homosexuality.

The judgment in NAVTEJ SINGH JOHAR v. UNION OF INDIA showed the old law its way to the dustbin of history. It brings a “rainbow” in the clouds of the LGBTQ+ community in India.

The conduct of homosexuals is ingrained, inherent, and intrinsic. They need to be accepted as they are, they need to be respected for who they are.

Their diminutive freedom in society cannot be trampled on the mercurial stance of the majority community.

As they say better late than never India joins the club of 125 nations by decriminalizing homosexuality.

However, acceptance of homosexuality in India is a Herculean task, as it is against the nature, norms, and ethics of our country.

On the other hand, Adoption will substitute procreation which will diminish the sex ratio and escalate the risk of AIDS as well.

Section 377 of IPC which criminalizes homosexuality by awarding imprisonment for life is still being taught.

There are an increasing number of judicial decisions decriminalizing such acts, but these judgments need to be corroborated with wide publicity, along with sensitization and awareness training for officials for tackling opposition awaiting ahead.

The power of a transformative constitution can be harnessed by battling societal barriers. This battle is for all of us not for a specific community of people. It is a matter of basic human rights and these rights need to be respected and protected.

Author: Swati Sushmita Samal / picture credit: Jason Leung (unsplash)


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