People's Democracy

On the Apex Court’s Verdict Regarding S 377 IPC

IN a statement issued on December 11, AIDWA expressed deep disappointment at the Supreme Court judgment which upholds Section 377 of the IPC. It is shocking that inspite of the Union of India (along with the petitioners) arguing in favour of a reading down of S 377, the SC has upheld this draconian and discriminatory section that illegalised same sex relations and other forms of consensual sex. The section is also in contradiction with the recently amended rape and sexual laws.

The judgment is a step backward and has come as a huge setback to the democratic struggles particularly of the LGBT community which has faced continuous harassment and discrimination for a long period in our country.

AIDWA has in the past demanded deletion of Section 377 IPC. It reiterated its position that consensual sex between same sex or heterosexual couples cannot be declared illegal by the State. This is violative of the fundamental rights to life and to decisions regarding sexuality. It is also against the fundamental rights of equality, non discrimination and liberty.  

AIDWA demanded that the central government should immediately file for a review of the judgment in the Supreme Court. It reiterated its support to those in favour of deleting S 377.