Section 377 is the most controversial section of our penal code. A section that has our attraction because the people fought against this Controversial section. But the question is why this section even exists. So let’s take a little history lesson.
How the Section 377 came into existence?
Back in time, when the India was taken by Queen Victoria from the hand of East India Company, there were the troubles faced beforehand. There was no unified law in the Indian sub-continent. To solve this problem, they sent Sir Thomas Babington Macaulay. Sir Macaulay drafted a lengthy draft, containing 511 Sections.
Now, the draft was called Indian Penal Code back in 1860, but it wasn’t Indian in its soul. The sections of Indian Penal Code were based on the law settled in England. Fair enough, they were also effective in India.
Back in then, the church was the prominent preacher of England and its speak was also supported by Crown. The church back then was too much interfering. In the eye of the church, the sex was an activity must be done for procreation. Because of this teaching all carnal intercourse other than the vaginal were hailed as unnatural. You can still see the effect of Churches teaching when you hear an Indian woman died because church refused to allow abortion.
Current status of Section 377 and what’s now in England?
Well, the main source of English Law is the court judgments. There is written law in England but they are not so extensive like Indian. There was no Section 377 in England. However, they signed a UN Declaration that ensure rights or LGBT and now same-sex marriage is legal in there. Even they passed Gender Recognition Act, 2004, which prohibits any hateful act against LGBT. In India, however, the situation has worsened.
Now, Indian people have recognized their right to equality and right to liberty. They accept the things they like and reject what they don’t. The fundamentalist and so-called good people have raped and killed LGBT. While they should be hanged by the neck for such act, they take the support of Section 377.