Article 377 and It’s Psychological impact!

The amendment of Section 377 of IPC calls for an Applaud! This judgment is not only a big step for the LGBT community but for all of us as the citizens of India. It is the declaration of being more “ acceptable” as a society and the reduction of “Stigma” of all nature.

Sexuality is the toughest topic to come to terms with and this might be the beginning of the end to all other Intolerant attitudes that have been making an insidious presence in our Society!

History of Article 377

This is a controversial topic and often activists define it as Regressive as it curtails the right to ” Sexuality”. To understand the repercussions of the Supreme court decision today, it is very important to know why it existed earlier.

According to Section 377:

Any voluntary intercourse against nature with any woman, man, or animal shall be imprisoned for life, or with punishment which might be as long as ten years, and is also be liable to a fine.

The buggery Act of 1533:

Section 377 of IPC  was on the model of  Buggery Act during the era of King Henry VII, which defined ‘buggery’ as an unnatural sexual act which was not in the will of God and man. This act criminalized anal intercourse with animals and in a broader sense homosexuality.

This law was brought in light and put in action in British India during 1857 after the First War of Independence.

Offenses again a person Act 1861:

This act made unnatural sexual act broader and hence allowed easier prosecution of rapists but along with them homosexuals.

Article 377 of IPC has stirred a lot of controversies earlier in High courts in 2009. The controversy is to allow “ homosexual relations between consenting adults”. The controversy demanded Section 377 should only be applied to penile non-vaginal sex involving minors and non-consensual penile non-vaginal sex. The case was reconsidered again and consensual sex was decriminalized until section 377 is amended.

Psychological Impact of The Amendment of section 377 of IPC:

• Homosexuality is not a mental illness but it is your sexual choice or orientation. More recently in July 2018, Indian Psychiatric society also declared homosexuality as a ‘sexual variation’ and not a Psychiatric disorder.
• The most difficult part of your being of a different sexual orientation is to “come out;  Coming out is the acceptance to your own self and then acknowledging the same. The second most difficult step is to tell it to your family. This amendment will decrease trauma and shame associated with a different sexual orientation.

• If you are a lesbian, Gay, Bisexual or transgender, you often choose to stay without “coming out” of this due to stigma. Sexuality is a huge component of your personality and if you hide your sexual orientation, it is going to cause you a lot of stress. It is very important for you to enjoy your sexuality and be confident about it.
• In addition, it is important to express yourself as you really are for mental wellbeing. If you do not come to terms with your true self, you will have a lot of repressed emotions and suffer from a host of mental and emotional problems.
• Although there is acceptance of the different sexual orientations throughout the world;  decriminalizing and amending the law is important so that you as a member of LGBT community do not feel victimized. You can voice your demands and have more acceptance in your family and community.
• With this amendment, other aspects of sex education would also get a boost. It makes it more necessary now for parents, society, and school to discuss sexuality and is inevitable.

In conclusion, it is a good place to start and will pave way for more progressive society! This decision has also shown us that we need to respect Individual choice even if it is contrary to common awareness and adaptability.

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