In a historic judgement, being homosexual in India is no more a crime! The apex court of India, Supreme Court decriminalises homosexuality under Section 377 of the Indian Penal Code. It was called “irrational, indefensible and manifestly arbitrary. ” This judgment changes the rule that was enforced 157 years ago from the colonial era. A five-judge Constitution bench that was headed by the Chief Justice of India, Dipak Misra delivered the law.
Now the homosexuals in India can freely have a relationship and have sex in India without any worry of being harassed or being called a criminal. It is time that the myths surrounding homosexuality must die like the criminalisation of it has. Remembering the time when just a few days ago Supreme court said that it is 'The Victorian-era morality, prohibitions, unsafe sex and living in denial have led to the spread of sexually transmitted diseases like AIDS, and it cannot be blamed on homosexual relationships.' What is Section 377 of IPC? Know All About the Law on Homosexuality & LGBTQ Rights
In this case, the lawyers who were favouring retention of section 377 in the IPC claimed that the homosexual relationships have led to the spread of AIDS among people which was rubbished by the Supreme Court and said that it is unprotected sex that leads to AIDs and not gay sex. One cannot ban sex because of Aids, and it is the unprotected sex that needs to be scrutinised. Homosexuality No More a Crime: Tears of Joy, Celebrations Across India as Supreme Court Partially Strikes Down Section 377 of IPC; Watch Videos
Does Homosexuality lead to HIV/ AIDs?
To put it as simple as it can get, HIV/ AIDs is caused because of the unprotected sex of any kind. Homosexuality perse cannot be blamed as a cause of HIV/AIDs. A study called Homosexuals and AIDS, a new approach to the illness. says, 'AIDS, historically connected with homosexuals, has provoked a number of social, psychological, and moral reactions within the homosexual community itself as well as elsewhere. Among questions raised, there are all those concerning the meaning and place of human sexuality. Between strict moral condemnation and publicity for "Safer Sex," there is room for a personal ethic, reflection, and a more responsible behaviour.'
The study further said, 'Many people, however, remain unsure whether to blame gays for AIDS or to view them as unfortunate victims in a public health nightmare. Media coverage has also caused many homosexuals to question their personal and social acceptance and ultimately grow scared about their future.'
(Reference Study: Homosexuals and AIDS: a new approach to the illness.)