Why Govt. is  hanging back on the abrogation of Section-377

            It is apparent that the inequitable Section 377 of the Indian Penal Code is here to say given the other priorities  and perhaps the tenets of MODI-Sarkar. The Supreme Court in its judgement had thrown the ball in the court of Supreme Legislative body of our country-The Parliament. The court ruled that "Sec 377 does not suffer from any constitutional infirmity" and said that appropriate changes can be made through the legislative route. Meanwhile in the PIL which was filed(during old government tenure) by National Legal Services Authority of the Government of India in which the Supreme Court has given formal recognition to eunuchs as "third gender" to stop discrimination suffered by them in Education and Employment opportunities and also so that social services can be availed by them. However this formal recognition has not been extended to the whole LGBT community i.e. Gays Lesbians and Bi-sexuals are still outlawed .

             Today with homosexuality being recognised across the globe , India remains untouched .Section 377 popularly referred to as 'anti-sodomy law' , this Victorian-Era law and which was enacted by Britishers, have themselves repealed it in United Kingdom in 1967. The prejudiced law terms voluntary intercourse against order of nature with man, woman or animal as 'unnatural offences' and prescribes punishment for imprisonment . It is discriminatory and in total opposition to the Rights conferred by the Constitution under Article 14,15 and 21 . The human rights portray it as an 'ill devised weapon' that perpetuates discrimination, social stigma and police abuse against such sexual minorities. It but natural to get bewildered that, when there is so much against Section 377 , why is our government loath on its annulment  , some of reasons unofficially cited , are stated below:-

v  The only law of the land which empowers the state to act against cases of child sex abuse is the Section 377 of IPC.

v  It is argued that outright deleting the section altogether could open flood gates of delinquent behavior .

v  The Law enforcement officers claim that Section 377 is "not used" in cases of consenting adults except when they receive complain .

v  It is the only law that can be used to interfere in the private sphere in the interest of public safety and protection of health and morals.                        

            Outright repealing Section 377 is neither feasible nor desirable. There is a technicality which keep things status-quo, which is, no alternative law to book a person for child sex abuse "if" Sec377 is revoked . It must be understood that even with all the modernization taking place , our Indian Society is still gripped with social dogmas which refers to homosexuality as something alien and western. The Indian society overemphasizes on  reproduction, making same-sex-love a taboo. 'Endogenous' change is always a good change whereas 'Exogenous' change brings in with it many side-effects. Thus public awareness campaigns need to carried out to create a social base making the common man understand the real aspects of homosexuality only then we can expect the government to act in an expeditious manner.