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“We’ll cross that Bridge when we come to it .” This seems to be the approach adopted by the apex court while hearing on the issue challenging validity of section 377 IPC which criminalises consensual sex between two adults of same gender. The apex court has stated that reference order is limited to deal with whether Section 377 IPC is Ultra vires the constitution hence nothing else will be debated in this matter and all other rights and issues can be discussed when 'lis ' litigation comes before it. The responsibility of changing the law rests with lawmakers and not the courts , hence the lawmakers need to keep in mind and address the obvious issues which will crop up with the opening of this Pandora’s box while scrapping and drafting new laws. Lawmakers need to address the issue in a much larger way beyond the realm of sexual orientation . A new era will be ushered in India with the scrapping of section 377 IPC giving rise to a whole new set of legal problems as our society is bound to get destabilized . The lawmakers need to ponder deeply on questions like inheritance to live in partners or whether they can marry, right to cohabit , rape in same gender relationships .Scrapping of section 377 IPC is bound to give a cover to paedophiles and rise in HIV . If legitimized , it will give rise to a new breed of sex workers and also affect the Institution of marriage as hetrosexual married men/women may engage in consensual homosexual acts . Also, interest of members of armed forces, prison inmates , hostels etc need to be considered well in advance before our courts get flooded with litigation on above mentioned grounds.
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