Democracy sexual activities. Of the petition filedDemocracy sexual activities. Of the petition filed

Democracy allows every citizen with certain basic
rights irrespective of whether one belongs to the minority or the majority
class. Of late, in India a number of cases have come to the fore which throws
light upon various instances where an individual’s private choices have been
hampered.  Our constitution provides for
both protection and punishment against any section, law or article. However the
constitutional validity of any section in the Constitution should not be
determined on the grounds of religious doctrines.

The 2013 stance on section 377 of the Indian Penal
Code which criminalizes gay sex, was brought to light yet again this year to
determine whether it stands justified to punish someone who has different
sexual affliction. A British era draconian law, which penalises adults for
having consensual sex of his same gender, is done away by many countries.
However, our country imbibes in a number of moral codes which has generated
this ruckus raging throughout the country. The LGBTQ community saw a ray of
hope when a three judge bench decided to vindicate whether ‘gay sex’ is a
criminal offense or not’ a few weeks back.

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Section 377 of the Indian constitution states that
it is a criminal offense to have sex “against the
order of nature”, including homosexual sexual
activities. Of the petition filed by the Naz foundation revealed the dual mind-set
of the people which had been fighting for the rights of the third gender since
2009. The Suresh Kumar Koushal vs. Naz Foundation case of 2013 witnessed what
we can call a sheer lack of knowledge and poor psychology. The verdict clearly
stated that the LGBTQ community comprises of a very minute number so the
constitution cannot protect their rights

In an period where the
apex court has taken historic stance on the Right to Privacy and Triple Talaq
bill, declaring section 377 as unconstitutional would restore a kind of
balance. As an adult, it should be left at the individual’s discretion to
determine his sexual choices. Gone are the days when our society had to uphold
the cultural stigma. Homosexual affliction are not self-made but comes with the
child with his birth. Persecuting someone on the basis of his sexual
preferences is too harsh to accept.