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Shashi Tharoor fails to introduce bill to decriminalize gay sex

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New Delhi: Congress MP Shashi Tharoor’s bill to decriminalize gay sex could not be passed as members from ruling BJP and even his own party walked out on Friday’s Lok Sabha session.

The bill met with strong opposition and was also rejected by Law Minister Sadananda Gowda.

Only 24 lawmakers spoke in favour of the bill with a large number of lawmakers voting out the bill.

“Surprising to see such intolerance,” Mr Tharoor tweeted.

Former union minister Tharoor sought to introduce a bill to amend Section 377 of the Indian Penal Code, which prohibits sex “against the order of nature”.

This phrase was sought to be dropped by the proposed bill, along with legalizing consensual sex between adults, irrespective of sexuality and gender.

Lawmakers from Kerala gave the proceedings a miss due to the impending Kerala elections in a few months.

The Delhi High Court, in 2009, exempted consensual gay sex from Section 377, stating that the law went against the right to equality, privacy, and personal liberty.

However, in 2013, the Supreme Court, finding the law constitutionally valid, restored the ban and left it in the hands of the Parliament to remove or change the law.

At that time, the ruling Congress Party stood against the decision to restore the ban while the BJP supported Section 377. However, since the BJP came to power last year, Finance Minister Arun Jaitley has supported calls for changing the law and ending the ban.

“When you have millions of people involved in this (gay sex) you can’t nudge them off,” said the minister at an event last month.

“When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court’s view appears more acceptable,” Jaitley commented.

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Video- India Scraps Law Criminalizing Homosexuality

The government decriminalising homosexuality only makes the people more hopeful for the Indian youth to finally realise the potential that they have.

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Homosexuality, India
In separate but unanimous verdicts, a five-judge Constitution Bench struck down Section 377 of the Indian Penal Code (IPC) as unconstitutional. Pixabay

By Vishvi Gupta

Almost 2.5 Billion people in India, took a huge sigh of relief as the Indian government, on the Sixth of September decriminalised and scrapped the article that condones homosexuality.

The law was first put in the constitution by the Britishers, under the Buggery Act of 1533 and it has continued to exist even after almost 400 years later. The law dictated and criminalised sexual activities ‘against the order of nature’. While the britishers themselves scrapped the law in early 1980’s, the Indian youth has been haunted by this law.

India has always been a diverse country, and a very gender fluid one. Only with the invasion of outsiders, did it matter who you lay with. India’s fluidity was always seen as a savage and dirty concept.It didnt matter whether you were a man, a woman or a trans. Love, in India always won.

It is still considered a huge win for, not just the youth, but everyone in India, to finally try and ‘normalise’ the homosexual instincts and not struggle on daily basis. The biggest problem that the youth has had to face is not figuring out their sexual orientation but rather the consequences they would hence have to face in the hands of the society and conservative elders.

Anyway, Acceptance is the first step towards the onset of change, and the government decriminalising homosexuality only makes the people more hopeful for the Indian youth to finally realise the potential that they have and take more steps that will make India, the great nation it deserves to be.