A group of current and former 20 students and some alumni from the most respected and prestigious IIT or Indian Institutes of Technology, have raised their voice and filed a petition in the Supreme Court against Section 377 of the Indian Penal Code, which criminalizes homosexuality and any form of “unnatural” sex.
These petitioners belong to the members of Lesbian, Gay, Bisexual and Transgender or LGBT community, which represents Pravriti. They have chosen IIT because "it is a strong brand and they represent ordinary people from all over India and from different backgrounds,” said- alumnus from IIT Delhi and LGBT rights activist in Mumbai. The IITians on behalf of Pravitti group had approached the court.
In their petition, the IITians said despite their young age, they are suffering because of the last decision to continue with the law which results in a life-term jail in cases of unnatural sex. It is about their freedom of being what they are naturally. They are forced to be in hiding. Many of them attempted suicide and some are suffering from depression, mental torture and family issues, which are increasing every year now.
The bench, comprising Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, stated individuals who exercise their choice should never "remain in a state of fear".
Opposite to that, Court said “choice can't be allowed to cross the boundaries of law" but pointed out that the law can't "trample or curtail" the constitutional right to life and liberty.
Section 377 was last updated by the Supreme Court in 2013. But again in January, the top court said it will be re-examined. The first hearing of this current petition is likely to be scheduled before the Court breaks for the summer by May end.