Arguments Against Section 377:

  • Consensual Sexual orientation protected under Articles 14, 19 and 21: Consensual sexual relationships between same sexes are protected under Articles 14, 19 and 21 of the Constitution of India.
  • The right to choose one’s partner: Right to choose one’s partner is manifest in Article 21. Various experts argue that section 377 which criminalizes gay sex violates Article 14, 15, 19 and 21 of the Constitution because there is discrimination on the basis of sex.
  • The affection of the life of LGBT people: Same-sex is a normal variant and the society has favored decriminalization of section 377 as it is affecting the lives of LGBT people.
  • Violation of Right to Association: Section 377 violates the right to form an association between sexual minority and the LGBT community is afraid of forming any kind of association fearing police action.
  • An instrument for Exploitation: Many critics feel that section 377 is just an instrument of exploitation and it is almost not possible to decide what type of sex two consenting individuals are having in private.
  • Unhappy Marriage: Due to the stigma of Homosexuality, LGBT people bound to marry the opposite sex and that leads to unhappy marriages where the unsuspecting spouse is the one who is affected the most.

In order to create better-living place for LGBT community, the Home Department of the Government of India must take initiative and work in coordination with the State Governments for sensitizing the law enforcement agencies and by involving all the stakeholders to identify the measures and to implement the constitutional goal of social justice and the rule of law.  There are no laws protecting gays and lesbians from discrimination at the workplace or laws that allow them to marry their partner of choice. If Sec 377 is abolished, it opens a window of acceptance and achievement for the LGBT community.