Section 377 of the Indian Constitution
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Section 377 of the Indian Constitution

August 27, 2019


The Constitution of India is the highest authority
in the country. Adopted on 26th November 1949, the Constitution came to effect on 26th January
1950. The Constitution lays down the structure of the country, the procedures, the principles,
the fundamental rights and duties of the citizens along with the duties of the government institutions. The Constitution of India is the lengthiest
written Constitution in the world. It declares India as a sovereign, secular, democratic
republic. While drafting the Constitution, the framers drew their inspiration from various
sources keeping in mind the needs and conditions of the country. They borrowed features from
previously made legislations like the Indian Councils Act of 1861, the Government of India
Act 1858, Indian Councils Act of 1892, Government of India Act 1935, the Indian Independence
Act of 1947 etc. The framers were also influenced largely by other Constitutions like the British
Constitution, the US Constitution, the French Constitution, and Australian Constitution
etc. Features like the Parliamentary form of Government, Federal Structure of the Government,
Judicial review, Single Citizenship, ideas of Liberty, Equality and Fraternity etc were
borrowed from these Constitutions and incorporated into the Indian Constitution. Out of the many clauses that were mentioned
in the Constitution, most of them now don’t have much relevance. One such clause is Section
377 of the Indian Penal Code that criminalizes any form of homosexual acts. This was introduced
in 1860 during the British Rule in India. This clause held that forms of sexual intercourse
that were “against the order of nature” are offences against the law.
Reasons offered for this opposition to sexual relations between members of the same sex
were many. Some called it a social vice; some called it the reason behind the spread of
HIV and AIDS; and many even called homosexuality an offence against religion and culture.
But Section 377 ended up being a Constitutional way to discriminate against a specific group
of Indian citizens — the LGBT (Lesbian Gay Bisexual and Transgender) community. Because
of Section 377, they face problems when they go to places like the police station or the
hospital. This of course, is in addition to the social stigma of being gay — something
they have no control over. Section 377 is a blow to the dignity and the
self-worth of these Indians. Section 377 is often used as a tool to harass, blackmail
and criminalize homosexuals. The stigma and prejudice also causes psychological problems
among these individuals. Those who realise the intensity of the issue, say that the clause
interferes with individual freedom and that the State has no right to discriminate against
an individual based on his or her sexuality. In recent times, many countries have recognised
the equal status of gay people. Some of these countries are Canada, US, Brazil, Argentina
etc. The idea of homosexuality in India, however, remains highly controversial. There are many
places where homosexuals are discriminated against. The Constitution of India should
not be one of these places.

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  1. The constitution of India contains Articles, not sections. The title of the video should be section 377 of the IPC which is a different Act altogether. It is separate from the Constitution of India, 1949. The IPC was passed in 1860

  2. 377 isn't a part of the constitution right ? Anyways, time to repeal 377, a law which holds no place in the modern world, and a law made by the colonials freaking 150 years ago!

  3. you guys r doing really good job by showing Indian history n all

    can you please give details of all religions in India it may useful in schools our future generations can learn/understand about each others religions it will help our nation to improve as a team

  4. Thank you for making this video! It means a lot to us marginalised lot to know that there are people who support us and make us feel like we belong! ๐Ÿ™๐Ÿ‘ซ๐Ÿ‘ฌ๐Ÿ‘ญ

  5. I appreciate that you made this video. But there is something which needs to be thought about first. Its good that we are talking about. But before starting discussion we need to understand that the acronym LGBT is in itself flawed. Here LGB is sexual orientation where as T is sexuality. They should be talked about in isolation.

  6. Your illustrations say thousand words. Keep up the good work. We need more of these Indian Youtube Channels. I just suggest you to change the title of this video,its a bit ambiguous, it should be Section 377 of the Indian Penal Code and not Indian Constitution.

  7. Dear admin we all respect our constitution without knowing it properly (well most of us!!) so please clarify an INDIAN about the huge privilege he gets under the protection of constitution …… and your MAHABHARATA of course made us believe its a knowledge rather than an ancient sc-fi stroy…..

  8. Seriously guys.. Sections in constitution.. I used to believe that you guys do necessary research before making video on serious issues.

  9. Naz Foundation Versus Govt of Delhi was a landmark case where High Court struck down 377, however same was challenged and decision of High Court was struck down by Supreme Court in Suresh Kumar Kaushal V.Naz Foundation.
    You can read the judgment here.http://indiankanoon.org/docfragment/58730926/?formInput=naz%20foundation

  10. Any thing can be justified or un justified We know drinkรฌng alcohol, smoking, drug addiction and other things are bad but are allowed to be pursued in private but in public restrictions are placed on them and are a crime
    ( I am a hetro sexual) Similarly homo sexuality must be given legality within four walls of personal freedom as cunnilingus , falletio and anal sex are important means of fore play thus their practice in private domain must be given legal sanction and public display like homosexual marriages or other acts should be classified as crime
    So much so consumption of beef, extra marital affairs etc. Must have legal sanction under privacy and crime in public
    Hiprocay must be done away with see where drinkรฌng or smoking is not a taboo people drink Scotch and smoke good cigarettes in India where they are a taboo we get HOOCH to drink and Bedis to smoke

  11. I forgot the main thing.started noticing the perspectives,3ds,humans figures etc… @pradeepyadav sir. You took me to my architecture class. Meghana desroy…. ๐Ÿ‘๐Ÿ‘

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