As Section 377 no longer remains a criminal offense in India, how is it going to impact

workplaces?

Section 377 is a hot topic which is trending now and it will be very useful in my placement
activities. Having deep knowledge on this topic will help in strengthening my points during group
discussions. Knowing about different viewpoints on section 377 will help me understand the problems
faced by various stakeholders in our society and enhance my outlook while solving problems.

Description:- Section 377 of the IPC refers to 'unnatural offences' and says whoever voluntarily has carnal
intercourse against the order of nature with any man, woman or animal, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may extend to 10
years, and shall also be liable to pay a fine.
Timeline
1861 - British rule of India (modelled on the Buggery Act of 1533) this section came into force.
2009 - Delhi High Court read down Section 377
December 2013 - Supreme Court has ruled out the judgment given by High Court by violating LGBTQ
community the basic right of equality before law (Article 14); no one will be discriminated basis of caste,
gender, creed etc (Article 15); the right of life and liberty to all the citizens of the country (Article 21).
July 2018 - Chief Justice Dipak Misra has led a Constitution Bench which had looked upon the issue
once again considering about the welfare of a section of people who are deprived with basic rights of
Article 14, Article 15 and Article 21 which are rights to choice, privacy and dignity.

Amish Tripathi, a noted Indian mythologist, argues Section 377 by citing the below lines
from Ramcharitmanas. "Purush napunsaknarivajivcharachar koi / Sarv bhavbhajkapattajimohi param priy
soi. (Any man, any transgender, any woman, any living being, as long as they give up deceit and come to
me with love for all, they are dearest to me.)"
"These lines were said by Lord Ram in the Ramcharitmanas. He did not differentiate between man,
woman or transgender. What does this mean? According to me, this shows our liberal ancient attitude
towards LGBTs. And there are other examples in the Mahabharata too. Such stories were celebrated in
ancient India and this, to my mind, reflects the liberal attitude we had towards LGBT communities,"
Taking all the above regulations into consideration, decision about Section 377 is taken as it violates the
fundamental rights and no longer will it be in the legislature.
 Genpact, Godrej, Intuit, ThoughtWorks, Microsoft and Google firms stood against the
section 377 of the country’s penal code. Companies have opened up there conservative thinking about
LGBT people and are taking positive steps in inclusion and diversifying by providing them with
opportunities to work.
“Standards of Conduct for Business on tackling discrimination against LGBTI people”
attempted to support the companies which empowered the LGBTI people by engaging them in their
workforce. This concept of inclusion of LGBTI is an acute issue in India but workers, consumers and
investors are rewarding the companies which are going beyond their boundaries and tackling the
discrimination. Brands which are associating themselves with cause of equality are reaping real business
benefits for example Nukkad café in Raipur has transgenders in their workforce which has helped the café
in their promotions. The private sector should be catalyst to drive the change by putting human rights first
which are causes of LGBTI issues.
As a budding manager we should empower every section of people by providing them with
equal opportunities. Recently a case has been brought at Tech Mahindra, which sets an example by firing
diversity officer who harassed gay man. We have to strive for the best practices and maintain a healthy
relationship between organisation and its’ employees.
References:
Supreme Court decriminalises Section 377: All you need to know
(https://timesofindia.indiatimes.com/india/sc-verdict-on-section-377-all-you-need-to-
know/articleshow/65695884.cms)
What is Section 377, and why does it matter?
(https://www.thehindu.com/news/national/what-is-section-377-and-why-does-it-
matter/article24483691.ece)
SC judgement on Section 377 today; A look at the history of the archaic law
(https://www.business-standard.com/article/current-affairs/sc-judgement-on-section-377-today-a-look-at-
the-history-of-the-archaic-law-118090600149_1.html)
Workplaces that include
(https://indianexpress.com/article/opinion/columns/workplaces-that-include-section-377-lgbt-rights-laws-
community-4912693/)
Brave New Post-377 World: Tech Mahindra sets an example, fires diversity officer who harassed gay
man
(https://www.dnaindia.com/india/report-brave-new-post-377-world-mahindra-tech-sets-an-example-fires-
diversity-officer-who-harassed-gay-man-2663724)