Recently there was lot of hue and cry related to the unconstitutionality of IPC-377, which actually penalizes LGBT sex in the country, yes its an age old law and it should be scrapped but then why did SC did not realize this fact and upheld the constitutionality of IPC 377?
Here are the broad reasons.
1. No Illegality in IPC 377 Per Se-:
Th Sc held that there is no illegality in IPC 377,this is because of the fact that Indian society as a whole fail to recognize the community named as LGBT, LGBT community is an alien concept in rural India and in conservative urban India, Here in India when there is so much division on the basis of caste, Khap panchayats, how can even one think of an advance concept of LGBT when Indian society is even not prepared to give up old traditional caste system.
2. Sex a Taboo
In India where sexual relation between man and women is considered as a taboo and society as a whole is not even open to talk about it, how can that society accept the concept of LGBT sex, laws are made as per the society, since Indian society is very conservative that’s why prostitution in India is not legal, how can LGBT sex can be legitimate.
3.Concerns of Rural India
People in Indian rural area do not even understand the meaning of LGBT may be due to lack of knowledge and conservative attitudes of the community, how can they adapt to the concept of LGBT sex, its like teaching them aeronautics when they even don’t know class 5th maths.
4. Recognition of LGBT sex.
Only a few sections of the society recognize the LGBT community in India who actually knows there concerns, which could be 2% of the population and that too in urban India.That is what media is projecting today.
Therefore LGBT sex is an alien concept in Indian society which is still 100 years backwards,first change the society then change the law should be the prime concern of LGBT community.