Chapter XVI, Section 377 of the Indian Penal Code criminalises sexual acts that are ‘against the order of nature’. This applies to homosexuality. It was introduced when India was still under British rule and still continues to be in force.The Delhi High Court on July 2, 2009 had given a verdict decriminalising sexual relations between persons of the same sex. The Supreme Court today (December 11, 2013) set aside the Delhi High Court order, ruling that gay sex illegal and punishment for this offence can be up to imprisonment for life. So what does section 377 of the IPC say? The section says, "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Penetration is sufficient to constitute the carnal intercourse necessary for the offence described in this section.”Section 377 of the IPC is intended to punish carnal intercourse committed against the order of nature by a man with another man, or in the same unnatural manner with a woman, or by a man or a woman in any manner with a beast. The section also says that acts of sodomy, buggery and bestiality as unnatural sex offences.Requirements for conviction: The accused must have carnal intercourse with a man, or a woman or an animal; the act was against the order of nature; the act was done voluntarily by the accused; and there was proof of penetration.Whether the said act was done with mutual consent is immaterial. Under Section 377 consent is totally irrelevant. The party consenting would be equally liable as an abettor.

Setting aside the Delhi High Court verdict of 2009, the apex court bench of Justice G.S. Singhvi and Justice S.J. Mukhopadhayay said that there was no constitutional room for change in Section 377 of the Indian Penal Code.Section 377 of IPC holds that sexual relationship against the order of the nature is an offence.The Delhi High Court by its, now set aside, verdict had decriminalised the sexual relationship between adults of the same gender under Section 377.Restoring back Section 377 under the statute book, the court referring to the Attorney General said that government could, if it so desired, amend the law.The apex court verdict upholding Section 377 came 21 months after it had reserved its verdict in March 2012.

The Supreme Court, with its narrow and unforgiving views does not realise that a large portion of our potential human resources consists of members of the LGBT community, and that by branding such people as criminals and awarding them punishments of life imprisonment, it is doing a grave folly - destroying a major portion of the human resources of the country. Forget criminalization, even discrimination on the basis of sexual orientations is unjust and cruel. Some of our planet's greatest minds, such as Leonardo Da Vinci, Oscar Wilde, Alan Turing, Sir Francis Bacon (inventor of the Scientific Method), Michaelangelo and Andy Warhol were gay. Join me in my crusade against this unjust ruling and put an end to unnecessary discrimination and prosecution!!

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