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Is Supreme Court Gay sex verdict progressive?

Gay Sex is the sex between homosexuals either male or female. Different countries have different views regarding gay sex. In some countries like USA it is considered legal, while in others countries like Australia, it is considered illegal.


Recently the Supreme Court of India has criminalized gay sex. The recent Supreme Court verdict overrules the 2009 Delhi high court judgment that allowed the freedom of gay sex.


The SC Bench of Justice G S Singhvi and S J Mukhopadhaya upheld the constitutional validity of section 377 of IPC (unnatural sex is an offence) and stated that section 377 can only be amended or repealed through Parliament.


It is found that individuals who are involved in carnal intercourse against the order of nature are often vulnerable to infections like AIIDS, HIV, and other sexual diseases, and hence can create epidemic like situation.
This may lower the moral values of society and can lead to its disintegration. Children adopted by same sex couples may live skewed life.


So Supreme Court verdict is progressive in a sense that is meant to prevent the after effects of such an act.


On the contrary, this verdict can take away the liberty of LGBT people and infringe on the fundamental right of an individual as stated in Article 14, 15 and 21 of our constitution.


Different studies reveals that homosexual youth are at higher risk of suicide and depression at least 2 to 6 times than heterosexuals youths.
The homosexual youths are forced to leave home because of their sexual orientation. They are often rejected or verbally abused by their parents and lead to homelessness of the youth. Hence it results in higher school dropouts.


Substantially more homosexual youth are indulging in consuming ban substance like marijuana, cocaine, alcohols than the homosexual youth. They are at higher risk of physical harm, sexual harassment at the school level.


Hence first some constructive progressive measures at school level,college's level, and society levels must be taken to tackle this.
(i)Formation of anti-gay harassment committee
(ii)Staff members who can talk openly about this to students to reduce bigotry among students.
(iii)Seminars, counseling of gay or lesbian youths at regular basis.
(iv)Teachers must be provided with specific training at school level and college level so that they can effectively deal with these types of students.


So as a matter of fact, the Supreme Court has analyzed all the aspects of the Gay sex and after that it has taken a decision. The country right now is not prepared to liberalize gay sex.  As nation we need to progress more in order to see progress in this direction.

 

Jyoti Yadav