Esha Gupta reacts to the Section 377 hearing, says “let the love be victory, not some stupid ancient law”
The plea to quash the infamous anti-gay law Section 377 of the Indian Penal Code has risen from the grave and made its way back to the Supreme Court yet again after ruthlessly being thrown out in 2013. What needs to be seen is whether the apex court will scrap the section or condone it in the aftermath of the hearing of the curative plea. Will homosexuality attain its due respect? Or will people be accused as criminals for falling in love with the same sex in India?
The internet is waiting to hear the Supreme Court verdict which has now been pushed to tomorrow. One such person who is highly seeking justice for the gay community is Esha Gupta. She feels love can’t be differentiated on the basis of sex and a law has no right to put two people apart just because they see it as an ‘offence’. Here’s what she tweeted.Section 377 of the IPC, titled as “unnatural offences”, criminalises an individual for engaging in “carnal intercourse which is against the order of nature”. The punishment could be a term ranging from 10 years to life imprisonment; or punitive fine.
It also adds a caveat in the form of an explanation which suggests that “penetration is sufficient to constitute carnal intercourse necessary to the offence described in the section”. The offence is cognizable, not bailable, and not compoundable. which means that the police have the authority to arrest a suspect without a warrant; the arrested individual cannot pay the bail amount and be released from bail without a hearing before a magistrate; and no compromise is allowed between the accused and a victim in order to avoid a trial.