Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
1) Supreme Court verdict on Section 377 is a landmark judgement but it also will spark many more challenges to inequality, discrimination. Analyze.(250 words)
Why this question
The recent SC judgement set aside section 377 which criminalised homosexuality. It is a watershed judgement in the history of India but there are several challenges which ought to arise on account of the judgement. It is necessary to analyze both the aspects of the historic judgement.
Directive word
Analyze-Here we have to examine methodically the structure or nature of the topic by separating it into component parts, and present them as a whole in a summary.
Key demand of the question.
The question wants us to delve deep into the issue and bring out the significance of the recent SC judgement on section 377. Then the question wants us to discuss about the issues which could arise on account of the judgement- what are the other challenges it will spark against inequality and discrimination.
Structure of the answer
Introduction– write a few introductory lines about the historic SC judgement which set aside section 377. E.g it decriminalises consensual sex between consenting adults etc.
Body
- Discuss the significance of the judgement. E.g The stirring message from the Supreme Court’s landmark judgment decriminalising gay sex is that social morality cannot trump constitutional morality. It is a reaffirmation of the right to love; the judgement has upheld homosexuals’ right to have intimate relations with people of their choice, their inherent right to privacy and dignity and the freedom to live without fear; The dilution of Section 377 marks a welcome departure from centuries of heteronormative thinking. This is a verdict that will help sexual minorities ‘confront the closet’ and realise their rights etc.
- Discuss the challenges to inequality and discrimination the judgement will spark. E.g Suppressed for a long time, the LGBTQI communities in India will demand their rightful share in all spheres of life. Not only in employment, but in education and services and all other spaces, both in the public and, especially, the private sector, for which there is no law at the moment. That journey will shape new lives for all citizens; the law on rape is inadequate to address non-consensual sex other than within the binary of man-woman sex. Such is also the case with sexual harassment. These apart, there will be the demand for a same sex marriage law etc.
Conclusion- Based on your discussion, form a fair and a balanced conclusion on the given issue.
