AIDWA is deeply disappointed at today’s 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 S377, the SC has upheld this draconian and discriminatory section that illegalized 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 has faced continuous harassment and discrimination for a long period in our country.
AIDWA has in the past demanded deletion of Section 377 IPC. We reiterate our 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 demands that the Central Government should immediately file for a review of the judgment in the Supreme Court. It reiterates its support to those in favour of deleting S 377.
