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All important information about section 377, what is section 35A

All important information about section 377

What is in section 377?

Section 377 was introduced by Lord Macaulay in 1861. Under this, homosexuality was in the category of crime. Section-377 was implemented by the British in India in 1862. Unnatural sex has been made illegal under this law.

According to section 377 of the Indian Penal Code “Whoever voluntarily has sexual intercourse with any person, woman or animal shall be deemed to be an offender and shall be punished with imprisonment of either description for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” can goThis category of homosexuality is also known as LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer). People of these communities have been fighting for years to get their rights changed and to get their rights under the Indian Penal Code.

When did the controversy over Article 377 take place in India?

The issue against Section 377 was raised for the first time by the NGO 'Naz Foundation'. The Naz Foundation petitioned the Delhi High Court in 2001 and the court termed the provision criminalizing sex between two adults of the same sex as "illegal".

what has changed in section 377

The Supreme Court gave an important verdict on the validity of Section 377 of the IPC, which declared homosexuality illegal, and said that homosexual relations are no longer a crime.

The Constitution Bench unanimously decriminalized gay sex between two consenting adults.

In which countries homosexuality is not a crime before India?

Australia, Malta, Germany, Finland, Colombia, Ireland, America, Greenland, Scotland, Luxembourg, England and Wales, Brazil, France, New Zealand, Uruguay, Denmark, Argentina, Portugal, Iceland, Sweden, Norway, South Africa, Spain, Canada 26 countries like Belgium, Netherlands have decriminalized gay sex.

homosexuality is now a crime

After the decision of the Supreme Court, it has become clear now. The Constitution Bench of 5 judges of the Supreme Court gave this decision unanimously. Also, the Supreme Court termed a portion of Section 377 of the Indian Penal Code, which criminalises unnatural sex with consent, as irrational, non-defensive and arbitrary.


What is Article 35A

Empowers the Legislative Assembly of Jammu and Kashmir to decide the definition of permanent resident, which was implemented in the state on 14 May 1954. This article is not found in the books of the constitution.

In fact, to implement Article 35A, the then government had used the power received under Article 370.

When was Article 35A implemented

If history is to be believed, it was implemented by President Dr. Rajendra Prasad on 14 May 1954. After this order was passed by the President, it was added to the Constitution of India. Article 35A is a part of Article 370.

What is Article 35A Rule

Under this section, a citizen of any state of India other than Jammu and Kashmir cannot buy any property in Jammu and Kashmir and also cannot become a citizen there.

Paradise on Earth (Kashmir) will be considered a citizen only if he has been a citizen of the state on May 14, 1954 or has been living in the state for 10 years before that or has already acquired property there before or during it.

For example, if a girl from Jammu and Kashmir marries an outsider, then all her rights will be lost. Along with this, his children will also not get any kind of rights.


Why is Article 35A being scrapped?

There is talk of abolishing it because this article has not been implemented through the Parliament.

The second reason is that it is because of this article that even today the refugees from Pakistan are deprived of the fundamental rights of the state and their identity.


When is Constitution Day celebrated?

Constitution Day (26 November) The Constitution of the Republic of India was prepared on 26 November 1949.

Constitution Day was celebrated on 26 November 2015 as the 125th birth anniversary year of Dr. Bhimrao Ambedkar, chairman of the drafting committee of the Constituent Assembly.

Dr. Bhimrao Ambedkar completed the great constitution of India in 2 years 11 months 18 days and dedicated it to the nation on 26 November 1949.

The Constitution came into force in the Republic of India from 26 January 1950.

For the first time since 2015, the Government of India celebrated "Constitution Day" on 26 November as a tribute to this great contribution of Dr. Bhimrao Ambedkar.

The day of 26 November was chosen to spread the importance of the Constitution and to spread the ideas and concepts of Dr. Bhimrao Ambedkar.


Features of Indian Constitution

Our constitution is the longest written constitution in the world.

Our Constitution, the supreme law of the country, was adopted on November 26, 1949.

The Constituent Assembly took two years, 11 months and 18 days to prepare it.

The estimated expenditure on the Constituent Assembly came to Rs 1 crore.

The drafting committee wrote the constitution in Hindi, English and calligraphy by hand and no typing or printing was involved.

The members of the Constituent Assembly were elected by the elected members of the Assemblies of the States of India. Jawaharlal Nehru, Dr. Bhimrao Ambedkar, Dr. Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad etc. were prominent members of this meeting.

In the meeting of the Constituent Assembly on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent president, who remained in this post till the end.

It now has 465 articles, and 12 schedules and is divided into 22 parts. At the time of its creation, the original constitution had 395 articles, which were divided into 22 parts, and had only 8 schedules.


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