Section 377: Against Indian Culture or Victorian Sensibilities?​​

Amit Raj and Pallavi Ranjan
Indian institute of Legal Stdies, Dagapur, Siliguri (W.B), India.

Volume IV, Issue I, 2021

The society is growing everyday and growth is all about changes and developments towards the better. One such major development done in the Indian societal structure was the striking down of Section377 of the Indian Penal Code which criminalized unnatural offences in its terms. But those which is unnatural for some is completely natural to others.

But the changes that were expected did not come with the Judgment of the Court.Changes are to be incorporated in real within the people, in the society. Acceptance of this great decision of the court still seems very difficult for the Indian masseswho believe to have their roots of culture in the long histories of centuries. After the decriminalization of section 377, the next step on the road isthe development of this newly identified community-LGBTQ and the recognition of their relationships which can be achieved through the way of marriage.The researchers in this paper try to deal with the scope and boundaries of the people of this community. The paper will deal with the problems that is faced by this community and their social acceptance, the historical aspects, different religious sentiments,and different topics will be brushed upon. Also, there are many issues that can also be dealt with if acceptance of these marriages can be positively done and the paper highlights them too. This paper will try to find solutions to the many questions that are supposedly raised on the validity of LGBTQ+ marriages in an oriented manner.

Keywords: LGBTQ, Sec 377 IPC, Marriages, Adoption, Development.